Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by (...) the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself. (shrink)

We propose that Mealey's model is limited in its description of sociopathy because it does not provide an adequate role for the main organ mediating genes and behavior, namely, the brain. Further, on the basis of our research, we question the view of sociopaths as a homogeneous group.

Sebastian Gardner competently tackles one of Sartre's more complex and challenging works in this new addition to the Reader's Guides series.

Careerism refers to an individual’s propensity to achieve their personal and career goals through nonperformance-based activities. We investigated the role of several dispositional predictors of careerism, including Five-factor model personality traits, primary psychopathy, and exchange ideology. Based on data from 131 respondents, as expected, we observed that emotional stability was negatively correlated with careerism. Primary psychopathy and exchange ideology explained additional variance in careerism after accounting for FFM traits. Relative importance analyses indicated that psychopathy and exchange ideology were equally important (...) in predicting careerism. We highlight the need for future research efforts investigating the combined effects of contextual factors—particularly, human resource practices—and individual differences to understand careerism in the workplace. (shrink)

Book description: This outstanding collection of specially commissioned chapters examines German idealism from several angles and assesses the renewed interest in the subject from a wide range of fields. Including discussions of the key representatives of German idealism such as Kant, Fichte and Hegel, it is structured in clear sections dealing with: * metaphysics * the legacy of Hegel’s philosophy * Brandom and Hegel * recognition and agency * autonomy and nature * the philosophy of German romanticism. Amongst other important (...) topics, German Idealism: Historical and Philosophical Perspectives addresses the debates surrounding the metaphysical and epistemological legacy of German idealism; its importance for understanding recent debates in moral and political thought; its appropriation in recent theories of language and the relationship between mind and world; and how German idealism affected subsequent movements such as romanticism, pragmatism, and critical theory. (shrink)

Concerns about the welfare of agricultural animals in corporate or “factory farming” systems are growing. Increasingly, it is suggested that modem farm animal production practices are morally objectionable, causing physical and mental suffering to animals. Such criticisms are premised on beliefs about the mental capacities of farm animals that are not wholly supported by scientific evidence, for little is known about farm animal cognition. Some animal scientists, realizing that concerns about the treatment of agricultural animals cannot be addressed in absence (...) of knowledge about farm animal mentality, have begun cognitive studies of farm animals. Subsequently, several ethical problems have emerged. In this paper it is argued that while farm animal cognition studies are needed, scientists must consider the moral problems and implications of the research, and must devise empirically testable hypotheses about those aspects of cognitive behavior that are relevant to discussions about moral treatment of farm animals. (shrink)

A survey of Howard Gardner's contributions to our understanding of learning, and how to create environments that support growth in all learners across the lifespan.

Book description: Art and Morality is a collection of groundbreaking new papers on the theme of aesthetics and ethics, and the link between the two subjects. A group of distinguished contributors tackle the important questions that arise when one thinks about the moral dimensions of art and the aesthetic dimension of moral life. The volume is a significant contribution to philosophical literature, opening up unexplored questions and shedding new light on more traditional debates in aesthetics. The topics explored include: the (...) relation of aesthetic to ethical judgement; the relation of artistic experience to moral consciousness; the moral status of fiction; the concepts of sentimentality and decadence; the moral dimension of critical practice, pictorial art and music; the moral significance of tragedy; and the connections between artistic and moral issues elaborated in the writings of central figures in modern philosophy, such as Kant, Schopenhauer and Nietzsche. The contributors share the view that progress in aesthetics requires detailed study of the practice of criticism. This volume will appeal both to the philosophical community and to researchers in areas such as literary theory, musicology and the theory of art. (shrink)

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We (...) suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise. (shrink)

“Fearless, illuminating” criticism from a New York Times–bestselling author and legendary teacher, “proving... that true art is moral and not trivial” (Los Angeles Times). Novelist John Gardner’s thesis in On Moral Fiction is simple: “True art is by its nature moral.” It is also an audacious statement, as Gardner asserts an inherent value in life and in art. Since the book’s first publication, the passion behind Gardner’s assertion has both provoked and inspired readers. In examining the work (...) of his peers, Gardner analyzes what has gone wrong, in his view, in modern art and literature, and how shortcomings in artistic criticism have contributed to the problem. He develops his argument by showing how artists and critics can reintroduce morality and substance to their work to improve society and cultivate our morality. On Moral Fiction is an essential read in which Gardner presents his thoughtfully developed criteria for the elements he believes are essential to art and its creation. This ebook features an illustrated biography of John Gardner, including original letters, rare photos, and never-before-seen documents from the Gardner family and the University of Rochester Archives. (shrink)

This classic guide, from the renowned novelist and professor, has helped transform generations of aspiring writers into masterful writers—and will continue to do so for many years to come. John Gardner was almost as famous as a teacher of creative writing as he was for his own works. In this practical, instructive handbook, based on the courses and seminars that he gave, he explains, simply and cogently, the principles and techniques of good writing. Gardner’s lessons, exemplified with detailed (...) excerpts from classic works of literature, sweep across a complete range of topics—from the nature of aesthetics to the shape of a refined sentence. Written with passion, precision, and a deep respect for the art of writing, Gardner’s book serves by turns as a critic, mentor, and friend. Anyone who has ever thought of taking the step from reader to writer should begin here. (shrink)

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)

This article advances some considerations that undermine the overall justification for what I call “beneficent interventions,” or interventions aimed at reducing the suffering of wild animals. I first appeal to Susan Wolf’s (2010) account of meaning in life to argue that wild animals can and do have meaning in their lives. I then argue that the meaning in animal lives can offset their suffering, making their lives more worth living. This source of positive value in the lives of wild animals (...) undermines some of the justification for those beneficent interventions that aim to reduce wild animal suffering by reducing the numbers of wild animals who either suffer or inflict suffering upon others. (shrink)

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

This article advances some considerations that undermine the overall justification for what I call “beneficent interventions,” or interventions aimed at reducing the suffering of wild animals. I first appeal to Susan Wolf’s (2010) account of meaning in life to argue that wild animals can and do have meaning in their lives. I then argue that the meaning in animal lives can offset their suffering, making their lives more worth living. This source of positive value in the lives of wild animals (...) undermines some of the justification for those beneficent interventions that aim to reduce wild animal suffering by reducing the numbers of wild animals who either suffer or inflict suffering upon others. (shrink)

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

Patients have received experimental pharmaceuticals outside of clinical trials for decades. There are no industry-wide best practices, and many companies that have granted compassionate use, or ‘preapproval’, access to their investigational products have done so without fanfare and without divulging the process or grounds on which decisions were made. The number of compassionate use requests has increased over time. Driving the demand are new treatments for serious unmet medical needs; patient advocacy groups pressing for access to emerging treatments; internet platforms (...) enabling broad awareness of compelling cases or novel drugs and a lack of trust among some that the pharmaceutical industry and/or the FDA have patients’ best interests in mind. High-profile cases in the media have highlighted the gap between patient expectations for compassionate use and company utilisation of fair processes to adjudicate requests. With many pharmaceutical manufacturers, patient groups, healthcare providers and policy analysts unhappy with the inequities of the status quo, fairer and more ethical management of compassionate use requests was needed. This paper reports on a novel collaboration between a pharmaceutical company and an academic medical ethics department that led to the formation of the Compassionate Use Advisory Committee. Comprising medical experts, bioethicists and patient representatives, CompAC established an ethical framework for the allocation of a scarce investigational oncology agent to single patients requesting non-trial access. This is the first account of how the committee was formed and how it built an ethical framework and put it into practice. (shrink)

Sartre’s discussion of «being-with-others» in Part Three of Being and Nothingness is extraordinarily rich and highly original. At its core, I argue, lies an insight into the aporetic character of intersubjectivity – «the scandal of the plurality of consciousnesses», as Sartre puts it – which emerges most clearly in his critique of Hegel’s theory of intersubjectivity. My aim in this paper is to isolate this thesis of Sartre’s and spell out his grounds for it. I argue furthermore that Hegel’s conception (...) of intersubjectivity corresponds to that of natural consciousness, such that, in rejecting Hegel, Sartre is also impugning the reality of a conception integral to ordinary thought. I suggest that Sartre’s insight also holds the key to his distinctive approach to social and political theory in the Critique of Dialectical Reason. (shrink)

Given that one of the major goals of the practice of Philosophy for Children (P4C) is the development of critical thinking skills (Sharp 1987/2018, pp. 4 6), an urgent question that emerged for one of the authors, who is of Chinese Heritage and a novice practitioner at a P4C summer camp was whether this emphasis on critical thinking might make this practice incompatible with the fabric of Chinese culture. Filial piety (孝), which requires respect for one’s parents, elders, and ancestors (...) is considered an important virtue in Asian culture, as is the preservation of harmony. But if one of the goals of P4C is to teach youngsters to courageously pursue reasoned dialogue, does this not set-up young Asians for serious conflict when they come face-to-face with positions that are articulated by elders, but which are ones to which they are diametrically opposed; a racist grandmother, for instance, or an uncle who insists that those at the Tiananmen Square uprising were nothing but hooligan’s. It is this question that we will explore in this presentation. In the process, we will come to the conclusion that, when positions seem irreconcilable, rather than continuing to pursue rigorous critical interchange that may do little other than escalate insult, the facilitator, rather, ought to move toward creating a deeper understanding of each position juxtaposed against its opposing view (a process that we refer to as ‘collaborative caring’), so as to produce side-by-side understanding, knowing that communal bonds have been maintained and, hence, that the opportunity for genuine reasoned collaborative inquiry on other issues and at future times remains open. (shrink)

Institutional review boards are almost universally considered to be overworked and understaffed. They also require substantial commitments of time and resources from their members. Although some surveys report average IRB memberships of 15 people or more, federal regulations require only five. We present data on IRB meetings at eight of the top 25 academic medical centers in the United States funded by the National Institutes of Health. These data indicate substantial contributions from primary reviewers and chairs during protocol discussions but (...) little from other members, which implies that it may be possible for smaller IRBs to accomplish the same tasks with no reduction in the quality of review. (shrink)

The word 'archaic' derives from the Greek arkhaios, which in turn is related to the word archē, meaning 'principle', 'origin', or 'cause'; the notion of ecstasy, or ekstasis, implies standing outside or beyond oneself, a self-transcendence. How these two concepts are articulated and co-implicated constitutes the core question underlying this edited collection, which examines both the present day and antiquity in order to trace the insistent presence of the ecstatic amid the archaic. Presented in three parts, the contributors to this (...) diverse book take the concept of the archaic in an entirely new direction. Part I, 'Ecstasy and the psychological', covers topics including Jung, Freud, ancient psychotherapy, desire, and theatre. Part II, 'Ecstatic-archaic history', considers Ludwig Klages, Orestes and Dionysus. Finally, Part III, 'Ancient ecstatic in other worlds', examines Luo Guanzhong's Three Kingdoms and Enki at Eridu. The collection offers a distinctive contextualisation of the dimension of the archaic in relation to the ecstatic experience. The Ecstatic and the Archaic will appeal to readers interested in the relationship between ancient and postmodern worlds, and in how the past manifests itself in the present. It will be of great interest to academics and students of Jungian and post-Jungian ideas, classical religions and the history of ideas, as well as practitioners of analytical psychology and psychoanalysis. (shrink)

Inspired by the ecosophical writings of Felix Guattari, this book explores the many ways that aesthetics - in the forms of visual art, film, sculpture, painting, literature, and the screenplay - can act as catalysts, allowing us to see the world differently, beyond traditional modes of representation. This is in direct parallel to Guattari's own attempt to break down the 19th century Kantian dialectic between man, art, and world, in favour of a non-hierarchical, transversal approach, to produce a more ethical (...) and ecologically sensitive world view."-- Back cover. (shrink)

After nearly fifty years as settled constitutional law, the federally protected right to an abortion in America is now a thing of the past. The Supreme Court's overturning of Roe v. Wade has left Americans without a guaranteed right to access abortion--and the cost of that upheaval will be most painfully felt by individuals who already struggle with access to resources: the poor, black and brown communities, and members of the LGBTQIA+ population.Pulling together the experiences, expertise,and perspective of more than (...) 30 writers, thinkers, and activists, Aftermath: Life in Post-Roe America offers a searing look at the critical role Roe has played in improving women's and pregnant people's lives, what is at stake as it is overturned, what a future without Roe may look like, and what options exist for us to secure reproductive freedom in the future.With contributions from Jessica Valenti, Soraya Chemaly, Michele Goodwin, Alyssa Milano, Ruby Sales, Heather Cox Richardson, Robin Marty, and others, this anthology is essential reading for anyone who cares about the future of reproductive rights in America--and beyond. (shrink)

The advent of formal definitions of the simplicity of a theory has important implications for model selection. But what is the best way to define simplicity? Forster and Sober ([1994]) advocate the use of Akaike's Information Criterion (AIC), a non-Bayesian formalisation of the notion of simplicity. This forms an important part of their wider attack on Bayesianism in the philosophy of science. We defend a Bayesian alternative: the simplicity of a theory is to be characterised in terms of Wallace's Minimum (...) Message Length (MML). We show that AIC is inadequate for many statistical problems where MML performs well. Whereas MML is always defined, AIC can be undefined. Whereas MML is not known ever to be statistically inconsistent, AIC can be. Even when defined and consistent, AIC performs worse than MML on small sample sizes. MML is statistically invariant under 1-to-1 re-parametrisation, thus avoiding a common criticism of Bayesian approaches. We also show that MML provides answers to many of Forster's objections to Bayesianism. Hence an important part of the attack on Bayesianism fails. (shrink)

James McAllister’s 2003 article, “Algorithmic randomness in empirical data” claims that empirical data sets are algorithmically random, and hence incompressible. We show that this claim is mistaken. We present theoretical arguments and empirical evidence for compressibility, and discuss the matter in the framework of Minimum Message Length (MML) inference, which shows that the theory which best compresses the data is the one with highest posterior probability, and the best explanation of the data.

The first full-scale history of cognitive science, this work addresses a central issue: What is the nature of knowledge?

The field of regenerative medicine has considerable therapeutic promise that is proving difficult to realize. As a result, governments have supported the establishment of intermediary agencies to “accelerate” innovation. This article examines in detail one such agency, the United Kingdom’s Cell and Gene Therapy Catapult. We describe CGTC’s role as an accelerator agency and its value narrative, which combines both “health and wealth.” Drawing on the notion of sociotechnical imaginaries, we unpack the tensions within this narrative and its instantiation as (...) the CGTC cell therapy infrastructure is built and engages with other agencies, some of which have different priorities and roles to play within the RM field. (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)