This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

Oliver Wendell Holmes, Jr. is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and (...) legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)

The leading models of disability struggle to fully encompass all aspects of “disability.” This difficulty arises, the author argues, because the models fundamentally misunderstand the nature of disability. Current theoretical approaches to disability can be understood as “nounal,” in that they understand disability as a thing that is caused or embodied. In contrast, this paper presents an adverbial perspective on disability, which shows that disability is experienced as a personally irremediable impediment to daily-living tasks or goals-like-ours. The picture theory of (...) disability technically constitutes a species of relational approach because its analysis references the interplay between an individual and their environment; it differs from other relational accounts, however, by interpreting disability as a certain kind of negative experience—rather than a function of that relationship. This purely descriptive theory makes no normative claims about disability and operates as both a mechanism for the evaluation of the experience of disability and a heuristic device for the proper interpretation of disability. When disability is reframed in this way, the theory offers a particularist perspective which shows if, when, where, and how disability is experienced. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Elegia i.3 PROPERTIUS Translated by Steven J.Willett Just as she lay when Theseus’ keel was sliding seaward, the Cnossian maid languid on the desolate shore; just as Cepheus’ daughter reclined in her first slumber, Andromeda, now freed from jagged rocks; just as the Thracian bacchant, weary from incessant dancing, slumps on the grassy bank of the Apidanus; even so Cynthia seemed to breathe a soft repose, her head (...) pillowed on open unruly hands, when I came dragging footsteps wobbly with too much wine, the boys waving burnt-out torches in the late night. Against her I tried, not all my senses utterly derelict, to advance gently on the compliant couch; and, though seized by a double ardor—each was commanding me, love here and wine there, both implacable gods— to assault her by slipping my arm lightly beneath her body and with a hand advanced take kisses and arms, yet I lacked the courage to shatter my mistress’ repose, fearing the brawls whose savagery I’d tasted; so I remained standing there motionless with rapt eyes, like Argus at the strange sight of Io’s horns. And now I was untying the garlands from my forehead and placing them, Cynthia, around your temples; and now I was finding it pleasant to smooth your fallen tresses; then I was giving you stolen apples in hollow palms; but I was lavishing all these gifts on ungrateful sleep, gifts that often tumbled from your sloping lap; and every time you heaved a sigh stirring fitfully, arion 28.2 fall 2020 98 elegia 1.3 I froze, foolishly credulous of an empty sign, fearful that some dream was bringing you strange terrors, or some man was forcing you reluctantly to be his: until the moon drifting across the opposite windows, the meddling moon whose eyes incline to linger, drew her closely-lidded eyes open under its delicate beams. Then, her elbow propped on the soft couch, she asked: “Has another’s rejection finally brought you back to my bed, chucked out with the doors slammed in your face? Where have you squandered the long hours of my night, languid, alas for me, as the stars are waning? Oh, I pray that you may endure, you beast, such nights as you are always making poor me to suffer! Just now I was cheating sleep with purple yarn at the loom, and then, exhausted, with song on Orpheus’ lyre; and sometimes, quite desolate, I softly complained to myself of the long waits your outside loves often cost me. Till sleep with gentle wings brushed me down to oblivion. That was the last concern of all my tears.”... (shrink)

Historians of fourteenth-century science have long recognized the extraordinary work at both Oxford and Paris in which natural philosophy was becoming highly mathematical. The movement to subject natural philosophy to a mathematical analysis and to quantify such qualities as heat, color, and of course speed surely stands as one of the most significant aspects of late medieval science. Yet as Edith Sylla has observed, because qualities and quantities pertain to different categories in Aristotelian theory, one might expect Aristotelian theorists to (...) avoid quantifying qualities. Even more serious still, the very task of quantifying physical qualities exposes a tension in the nature of science that was discussed first by Aristotle in his Posterior Analytics. (shrink)

Naturalism - the thesis that all facts are natural facts, that is the facts that can be recognised and explained by a natural science - plays a central role in contemporary analytical philosophy. Yet many philosophers reject the claims of naturalism. The essays in this anthology explore the difficulties of naturalism by revealing the ambiguities surrounding it, as well as the tensions that exist among its critics.

*Tackles the Thomistic debate surrounding the inherent good and evil of human actions*.

Both Pierre Duhem and his successors emphasized that medieval scholastics created a science of mechanics by bringing both observation and mathematical techniques to bear on natural effects. Recent research into medieval and early modern science has suggested that Aristotle's subalternate sciences also were used in this program, although the degree to which the theory of subalternation had been modified is still not entirely clear. This paper focuses on the English tradition of subalternation between 1310 and 1350, and concludes with a (...) discussion of the theory advanced by Thomas Claxton early in the fifteenth century. (shrink)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a number (...) of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

Abstract“Psychological essentialism” refers to our tendency to view the natural world as emerging from the result of deep, hidden, and internal forces called “essences.” People tend to believe that genes underlie a person’s identity. People encounter information about genetics on a regular basis, as through media such as a New York Times piece “Infidelity Lurks in Your Genes” or a 23andMe commercial showing people acquiring new ethnic identities as the result of their genotyping. How do people make sense of new (...) scientific findings that are inherently complex if they don’t have years of specialized training and education at their disposal? Given the substantial overlap between a lay understanding of genetics and lay intuitions about essences, we argue that, when most people are thinking about genes, they are not really thinking about genes in the complex ways that good scientists are. Combating people’s essentialist biases can be a formidable challenge. Although we have identified some promising results of trying to reduce people’s genetic essentialist tendencies, there is still much to learn about how these essentialist biases can be countered. It is important to help people understand genetic information so they are able make well‐informed decisions about their lives. (shrink)

This report outlines the findings from a Delphi study designed to establish consensus on the definitions of cognitive style and learning style amongst an international style researcher community. The study yields long-needed definitions for each construct that reflect high levels of agreement. In a field that has been criticised for a bewildering array of definitions and a proliferation of terms and concepts, this study represents an important step to address confusion in the meaning of the two terms. New researchers interested (...) in styles are encouraged to draw on these definitions when developing new research agendas aimed at deepening our understanding of style as a core construct in educational psychology. (shrink)

In a study of the kin investment of aunts and uncles we show that the laterality effect expected as a result of paternity uncertainty is statistically reliable but somewhat smaller than the sex effect. Matrilateral aunts invest significantly more than patrilateral aunts, and the same is true for uncles. Regardless of laterality, however, aunts invest significantly more than uncles. Multivariate controls show that the matrilateral bias is fully independent of any age or distance confounds that might result from sex differences (...) in age at marriage or dispersal. We discuss our results in relation to recent findings on the kin investment of grandparents (Euler and Weitzel 1996). In addition, we propose a simple method for estimating the level of paternity uncertainty from kin investment data; application of this method to our data on aunts and uncles suggests that between 13% and 20% of children are not the offspring of their putative father. Our parallel analyses of Euler and Weitzel’s (1996) data on grandparental investment suggest a similar estimate, that paternity uncertainty lies between 9% and 17%. (shrink)

The sexual citizenship of disabled persons is an ethically contentious issue with important and broad-reaching ramifications. Awareness of the issue has risen considerably due to the increasingly public responses from charitable organisations which have recently sought to respond to the needs of disabled persons—yet this important debate still struggles for traction in academia. In response, this paper continues the debate raised in this journal between Appel and Di Nucci, concurring with Appel’s proposals that sexual pleasure is a fundamental human right (...) and that access to sexual citizenship for the severely disabled should be publicly funded. To that endeavour, this paper refutes Di Nucci’s criticism of Appel’s sex rights for the disabled and shows how Di Nucci’s alternative solution is iniquitous. To advance the debate, I argue that a welfare-funded ‘sex doula' programme would be uniquely positioned to respond to the sexual citizenship issues of disabled persons. (shrink)

In March 2015, the Dag Hammarskjöld Foundation convened a workshop in Uppsala, Sweden to address questions about antibiotic resistance, in partnership with the Global Strategy Lab, the Journal of Law, Medicine & Ethics, the Norwegian Institute of Public Health, and ReAct – Action on Antibiotic Resistance. Eleven concise articles were commissioned to explore whether ABR depended on global collective action, and if so, what tools could help states and non-state actors to achieve it. This article introduces that collection, which is (...) found in an online-only symposium at aslme.org. (shrink)

The identity conception of truth holds that a thinkable is true just in case it is a fact. As such, it sets itself against correspondence theories of truth, while respecting the substantive role played by truth in respect of enquiry. In this article, I motivate and develop that view, and, in so doing, promote a particular conception of sense. This allows me to defend the view from two substantial criticisms. First, that the identity conception of truth is incoherent in respect (...) of its treatment of objects in the realm of reference, and, second, that it is committed to a view of the world in which ordinary objects have no place. (shrink)

The problem -- The text -- Inclinations -- Good -- Nature -- The will -- Ought -- Obligation -- Principles -- Action.

Neuromarketing is an emerging field in which academic and industry research scientists employ neuroscience techniques to study marketing practices and consumer behavior. The use of neuroscience techniques, it is argued, facilitates a more direct understanding of how brain states and other physiological mechanisms are related to consumer behavior and decision making. Herein, we will articulate common ethical concerns with neuromarketing as currently practiced, focusing on the potential risks to consumers and the ethical decisions faced by companies. We argue that the (...) most frequently raised concerns—threats to consumer autonomy, privacy, and control—do not rise to meaningful ethical issues given the current capabilities and implementation of neuromarketing research. But, we identify how potentially serious ethical issues may emerge from neuromarketing research practices in industry, which are largely proprietary and opaque. We identify steps that can mitigate associated ethical risks and thus reduce the threats to consumers. We conclude that neuromarketing has clear potential for positive impact on society and consumers, a fact rarely considered in the discussion on the ethics of neuromarketing. (shrink)

Most proposals for new international agreements aim to address important global challenges. If the goal is to solve problems, then the value of these agreements depends on their ability to influence the world — to shape norms, constrain behavior, facilitate cooperation, and mobilize action. A recent review of empirical studies has suggested that many international agreements fail to achieve their aspirations. The review indicates that the form in which states make commitments to each other — through an international legal agreement (...) or through other means — may not be as important as commonly thought. It is the content of the commitments and how these are supported by mechanisms to encourage implementation that matter the most. When developing proposals for new international agreements, like the one that has recently been proposed to address antibiotic resistance, attention to implementation mechanisms should therefore be equal to if not greater than the attention paid to its form. (shrink)

From the early thirteenth century, when Alexander of Hales began to use his lectures on Peter Lombard’s Sentences as a vehicle that provided a comprehensive treatment of theological doctrine to his Parisian students, commentaries on the Sentences began a gradual metamorphosis that transformed their use within the theological faculty. By the 1320s, commentaries on the Sentences had ceased to provide a comprehensive treatment of all four books, at the same time they were becoming ever longer. Part of the transformation included (...) an increasing injection of philosophical content into the commentaries, which in turn altered both the theological enterprise and the philosophical foundation on which it rested. This paper provides a preliminary picture of this transformation by looking at some of the issues that excited late-medieval lecturers on the Sentences. (shrink)

The publication of this volume appears to be the most recent in a group of works whose appearance marks renewed interest in Duhem. Over the past ten years, attention has been focused on Duhem's life (Jaki 1984), his physics (Jaki 1984; Nye 1986, 208–23), his philosophy of science (Jaki 1984, chap. 9; Paul 1979, chap. 5; Ariew 1984),' and his history of science (Jaki 1984, chap. 10; Martin 1976). But the significance of this translation is that - leaving asideTo Save (...) the Phenomena– for the first time we have a partial translation into English of one of the two great historical works that revitalized the study of medieval science. (shrink)

As one of the most influential commentators on the role of modern philosophy, Richard Rorty's work impacted all areas of philosophical inquiry, including business ethics. Rorty's post-foundational approach to "moral imagination" can inform how we teach business ethics in a diverse and philosophically eclectic manner. A summary of Rorty's critique of philosophy, ethics, and applied ethics will be followed by a discussion of the implications for a critical pedagogy and the pragmatic use of an expansive philosophical lexicon in a business (...) ethics course. (shrink)

1. Introduction The policy of deterrence, at least to avert nuclear war between the superpowers, has been a controversial one. The main controversy arises from the threat of each side to visit destruction on the other in response to an initial attack. This threat would seem irrational if carrying it out would lead to a nuclear holocaust – the worst outcome for both sides. Instead, it would seem better for the side attacked to suffer some destruction rather than to retaliate (...) in kind and, in the process of devastating the other side, seal its own doom in an all-out nuclear exchange. Yet, the superpowers persist in their adherence to deterrence, by which we mean a policy of threatening to retaliate to an attack by the other side in order to deter such an attack in the first place. To be sure, nuclear doctrine for implementing deterrence has evolved over the years, with such appellations as “massive retaliation,” “flexible response,” “mutual assured destruction”, and “counterforce” giving some flavor of the changes in United States strategic thinking. All such doctrines, however, entail some kind of response to a Soviet nuclear attack. They are operationalized in terms of preselected targets to be hit, depending on the perceived nature and magnitude of the attack. Thus, whether U.S. strategic policy at any time stresses a retaliatory attack on cities and industrial centers or on weapons systems and armed forces, the certainty of a response of some kind to an attack is not the issue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Efficacious Grace and Free Will:Six Inadequate ArgumentsSteven J. JensenDuring the de auxiliis controversies, the idea of efficacious grace was used extensively as an attempt to explain the manner in which God infallibly achieves his will at the level of supernatural grace. One meaning of efficacious grace has often been considered inconsistent with the idea of free will. The inconsistency—if there is any—depends upon a particular meaning, according to which (...) efficacious grace has three important characteristics: it is an infallible physical pre-motion. (1) Efficacious grace is "physical" because it moves after the manner of an efficient cause rather than after the manner of a final cause (which would be called a "moral" motion).1 (2) The motion is prior (or a pre-motion) because it causally precedes the act of the will to which it gives rise. Finally, (3) the motion is infallible because that toward which it moves the will in every case must be achieved.Suppose, for instance, that God gives Jerry an efficacious grace to help Jane, who is in need. The grace is not merely the enticement of some good (a moral movement), but is the movement of an efficient cause, after the manner by which fire heats water. Furthermore, the grace is efficacious prior to Jerry's actual choice and does not depend upon his will for its efficacy. Finally, once Jerry is moved by this grace, he will of necessity (or infallibly) choose to help Jane.In what follows, references to efficacious grace will refer to this particular [End Page 115] understanding, with these three characteristics. Other conceptions of efficacious grace, such as that given by Jacques Maritain, are not relevant to this paper.2The combination of these three characteristics is sometimes thought to be inconsistent with a particular understanding of free will, according to which the will is the only created cause that determines itself to its final action. Since efficacious grace is a created cause (and not the divine will), since it is an efficient cause, since it is causally antecedent to the final act of the will, and since it determines the will to act, it is inconsistent with free will. Or so the argument goes, at any rate. Whatever the details of this argument, most people will concede that there is, at the very least, an intuitive inconsistency between free will and efficacious grace. To be moved infallibly by an efficient cause seems incompatible with the movement of the will, the agency of which is free, and which therefore is not moved determinately to some effect.3Those who wish to defend efficacious grace have advanced a contrary claim—that efficacious grace is consistent with human free will—which might be called the Consistency Thesis. Apparent inconsistencies are nothing more than apparent. In defense of the Consistency Thesis, a multiplicity of Thomistic arguments are offered by authors such as Reginald Garrigou-Lagrange, Steven Long, and Taylor O'Neill.This paper is concerned to show neither the truth nor the falsity of the Consistency Thesis. Rather, it considers six of the arguments defending the thesis and finds all of them wanting. Whatever their merits for other purposes (and often their merits are great), these arguments are inadequate to the task of defending the Consistency Thesis. They are often not bad arguments; they are simply insufficient. They are not enough to show a consistency between efficacious grace and free will. This goal, although modest, is significant, for when confronted with the six arguments readers can be left with the impression that the question is settled. [End Page 116]The Problem ClarifiedThe enemies of efficacious grace suggest the following implication: if the will is moved to act by an infallible physical pre-motion, then the will is determined. The Consistency Thesis may be defended by denying the implication. Even when moved by an infallible physical pre-motion such as efficacious grace (so the defense will argue), the will can remain undetermined. All the arguments discussed below (if they are indeed arguments in defense of the Consistency Thesis) take this approach, although the fourth argument does so only in a very indirect manner.The first argument claims... (shrink)

The aim of this collection is not to reject evolutionary psychology but to open up new vistas which students and researchers can use to ensure that evolutionary ...

The purpose of this article is to examine the applicability of the theory of projection for Anthropological hypotheses. The claim is made that Goodman's classic statement of the problem does not apply in its entirety to actual Anthropological hypotheses. The recent Freeman-Mead debate is employed as a framework for the discussion, illustrating that the issue of projectibility, while central for the social sciences, is best used as a backdrop to illustrate several important methodological problems. For Anthropology, and other related social (...) sciences, the central methodological problem, which is directly related to the projectibility one, is the development and justification of evidence-rules that can be used for a theory of confirmation. A preliminary attempt is then made to articulate the nature of these rules within the general Hempelian framework of qualitative confirmation. (shrink)

The reality of truth -- The reality of truth in a fallen world -- The reality of truth in the inerrant word -- The reality of truth in the written word -- The reality of truth in the exclusive Gospel -- The rejection of truth -- The rejection of truth by the first couple -- The rejection of truth by an unbelieving age -- The rejection of truth by a worldly church -- The rejection of truth in the Christian's life (...) -- The reign of truth -- The reign of truth in the expository pulpit -- The reign of truth in a believer's walk -- The reign of truth in the highest worship -- The reign of truth in the final judgment. (shrink)