Max Weber's fragmentary writings on social status suggest that differentiation on this basis should disappear as capitalism develops. However, many of Weber's examples of status refer to the United States, which Weber held to be the epitome of capitalist development. Weber hints at a second form of status, one generated by capitalism, which might reconcile this contradiction, and later theorists emphasize the continuing importance of status hierarchies. This article argues that such theories have missed one of the most important forms (...) of contemporary status: celebrity. Celebrity is an omnipresent feature of contemporary society, blazing lasting impressions in the memories of all who cross its path. In keeping with Weber's conception of status, celebrity has come to dominate status “honor,” generate enormous economic benefits, and lay claim to certain legal privileges. Compared with other types of status, however, celebrity is status on speed. It confers honor in days, not generations; it decays over time, rather than accumulating; and it demands a constant supply of new recruits, rather than erecting barriers to entry. (shrink)

For more than twenty years, Opinion 6.01 of the American Medical Association's Code of Medical Ethics has specified that “a physician's fee for medical services should be based on the value of the service provided by the physician to the patient.” In 1994, the AMA amended Opinion 6.01, adding a new statement that “a physician's fee should not be made contingent on the successful outcome of medical treatment.”We believe that the amendment is wholly indefensible. Therefore, in this essay, we argue (...) that the AMA should lift this prohibition and encourage the use of result-based compensation for medical services in appropriate circumstances.The 1994 amendment dramatically changed the significance and scope of Opinion 6.01. Result-based compensation arrangements clearly satisfy the original version of Opinion 6.01 because they base compensation on the “value of the services provided … to the patient.” Yet, it is equally clear that result-based compensation arrangements violate the amended version of Opinion 6.01 because they necessarily make compensation “contingent on the successful outcome of medical treatment.”. (shrink)

In his essay, “Negative and Positive Positivism,” Jules L. Coleman extends in two important ways the Legal Positivism of H. L. A. Hart. First, he shows that the “separability thesis”—the claim that no necessary or constitutive relationship exists between law and morality—to which Positivists are wedded does not entail the view, attributed by Ronald Dworkin to Legal Positivists, that law consists in “hard facts.” Instead, the separability thesis requires only the possibility of deciding the truth of propositions of law. This (...) weaker requirement can be met by rules of recognition that are semantically adequate but that fail to set out tests by means of which the legal status of rules and norms may be verified. Second, Coleman argues that one can subscribe to the separability thesis and still maintain that judges may have a legal duty to couch decisions in moral terms whenever the “content or proper formulation of [a] rule of recognition” is in dispute. Such a legal duty may exist in virtue of a convergent practice “among judges of resolving the controversy in a particular way”. (shrink)

INTRODUCTION In any society relatively few disputes are brought to judges for resolution. Most are handled informally or forgotten. Fewer still are cases that go to trial. Most are settled. Compromises are reached even in cases where issues are hotly contested and where millions or billions of dollars in damages are claimed. Recently, for example, one of the most controversial lawsuits of our time, the Agent Orange case, was settled. In that case, veterans of the Vietnam War, their spouses, and (...) their children alleged that a defoliant — Agent Orange – used in Southeast Asia contained dioxin and was responsible for deaths, debilities, miscarriages, and birth defects suffered by members of the plaintiff class. Class members argued that the manufacturers of the defoliant, seven major chemical companies, knew that it was tainted and should be made to compensate them for their injuries, claiming billions of dollars in damages. The case received national exposure and became a rallying point for veterans, a means they hoped to use to publicize their plight and to spur Congress to come to their aid. On the eve of trial, the case was settled. The defendants, who denied liability throughout the pretrial period, agreed to pay the veterans $180 million. In turn, the plaintiff class agreed to drop the suit. Thus ended a controversy which not only presented novel legal issues and tested the ability of the federal courts to handle complex lawsuits, but concerned the well-being of a large number of veterans, their spouses, and their handicapped children as well. (shrink)

I have argued that Legal Positivism can accommodate the existence oftheoretical disagreements in law and that Ronald Dworkin is wrongto claim otherwise. As far as Legal Positivists are concerned, evenjudges who differ over both the truth of propositions of law and thegrounds or sources of law can have a legal duty to resolve their dis-agreements on the basis of legal arguments. The duty exists whenconventional legal practice creates it. Moreover, all Anglo-Americanlegal systems impose the duty on judges because all such (...) systemscontain legal practices of the right sort: practices creating expectationsthat cases will be decided on the law even when they raise doubtsabout the content or proper formulation of a rule of recognition.Thus, Elmer's Case poses no threat to Legal Positivism. To the con-trary, it reveals the richness of that theory as few other cases can.Only if Elmer's Case is detached from the context of Anglo-American adjudication can it be said to undermine Legal Positivism.But then no theory of positive law could withstand its challenge. (shrink)

The wages of Dexios. The new Amphictyonic coinage reconsidered In Spring 336 BCE, the Delphic Amphictyony decided to create a full-weight Aeginetic coin-age : the “ new Amphictyonic”. A re-examination of the preliminary estimate of the minting (CID II 75, col. I, l. 46-56) allows us to establish that the minter was paid at a rate of 9 Amphictyonic obols per delivered mina, and had a margin of a sixtieth (1.67%) of the total silver mass, in order to cover (...) the losses in melting. An allowance for those two expenses, as well as the actual weight shortage of the different lots of coins intended for the melting pot, were entered in the account of the global ajpousiva (l. 48-49). Such a complex calculation fits perfectly with the practices of Greek goldsmiths. In Spring 335 BCE, the experiment of the new Amphictyonic was brutally interrupted, while about 46 talents of metal were still to be struck. This raw silver mass, intended to produce 44.31 talents of Amphictyonic coins, was exchanged for 45.31 talents of Attic coins – which meant a saving of a little more than a talent (CID II 76, col. III, l. 38-42). (shrink)

This article concerns a silver beaker (now at the Residenzmuseum, Munich) decorated with scenes which seem to be related to the Spanish conquest of Mexico. On the basis of stylistic, iconographic and archival evidence the silversmith is here tentatively identified with an Italian-born artist, Stefano Capello, who is thought to have added a decoration to a pre-existing beaker on the eve of the treaty of Cambrai (3 August 1529). Margaret of Austria, aunt of the emperor Charles V, might (...) have given the beaker as a gift to Louise of Savoy, mother of Francis I, king of France. The article argues, relying upon Warburg’s notion of Pathosformeln (formulas of emotion), that in the early 16th century the New World was perceived and made familiar through an Old World idiom, based on visual formulas taken from classical antiquity and mediated by the Italian Renaissance. (shrink)

In Philosophy as Frustration: Happiness Found and Feigned from Greek Antiquity to Present Bruce Silver argues that traditional philosophical views of happiness, as well as recent psychological theories of happiness, are at odds with themselves and with important accounts of a truly happy life.

Was ist Bedeutung? Eine dem Internalismus zuzurechnende Antwort besagt, die Bedeutung einer Repräsentation sei deren funktionale Rolle. Wenn die Bedeutungen von Repräsentationen ihre Extensionen bestimmen, vermag ich unter Rückgriff auf Arbeiten von Putnam, Kripke und Devitt zu zeigen, dass diese Antwort falsch ist. Gibt man die Extensionsbestimmung hingegen auf, sind funktionale Rollen laut einem Argument von Fodor und Lepore holistischer Natur. Bedeutungen sind aber nicht holistisch. Die einzige erfolgversprechende Erwiderung auf das holistische Argument würde jedoch gerade darauf beruhen, dass Bedeutungen (...) extensionsbestimmend sind. Die Funktionale-Rollen-Semantik, so die These dieser Arbeit, ist mithin keine befriedigende Antwort auf unsere Ausgangsfrage. (shrink)

Why is it commonplace for us to contemplate distorted depictions of faces with eagerness and enjoyment, but to be repelled by real people whose physiognomies resemble the depicted ones? More generally, what makes perceiving pictured physically anomalous individuals so different from perceiving physically anomalous people themselves? . . . I will suggest how we can theorize human beauty, as we do beauty in art, so as to savor, rather than rebuff, novelty, disproportionateness, and even crookedness in the human shape. For (...) anomaly to present as originality rather than deviance requires a context in which we theorize the connectedness of successors with their heritage. (shrink)

One of science's greatest intellects examines how people and animals display fear, anger, and pleasure. Darwin based this 1872 study on his personal observations, which anticipated later findings in neuroscience. Abounding in anecdotes and literary quotations, the book is illustrated with 21 figures and seven photographic plates. Its direct approach, accessible to professionals and amateurs alike, continues to inspire and inform modern research in psychology.

The place of religion in society has changed profoundly in the last few centuries, particularly in the West. In what will be a defining book for our time, Taylor takes up the question of what these changes mean, and what, precisely, happens when a society becomes one in which faith is only one human possibility among others.

Upon doing something generous for someone with whom you are close, some kind of reciprocity may be appropriate. But it often seems wrong to actually request reciprocity. This chapter explores the wrongness in making these requests, and why they can nevertheless appear appropriate. After considering several explanations for the wrongness at issue (involving, e.g. distinguishing oughts from obligation, the suberogatory, imperfect duties, and gift-giving norms), a novel proposal is advanced. The requests are disrespectful; they express that their agent insufficiently trusts (...) the hearer to recognize their own reasons to reciprocate, and the close relationship between them morally requires this kind of trust. This proposal is articulated and situated in the recent discussion of the normativity of requests. The chapter concludes by explaining how these requests may appear appropriate. Agents in these relationships often have standing to make requests, though the standing is lacking in these particular cases. (shrink)

Charles Taylor has been one of the most original and influential figures in contemporary philosophy: his 'philosophical anthropology' spans an unusually wide range of theoretical interests and draws creatively on both Anglo-American and Continental traditions in philosophy. A selection of his published papers is presented here in two volumes, structured to indicate the direction and essential unity of the work. He starts from a polemical concern with behaviourism and other reductionist theories (particularly in psychology and the philosophy of language) (...) which aim to model the study of man on the natural sciences. This leads to a general critique of naturalism, its historical development and its importance for modern culture and consciousness; and that in turn points, forward to a positive account of human agency and the self, the constitutive role of language and value, and the scope of practical reason. The volumes jointly present some two decades of work on these fundamental themes, and convey strongly the tenacity, verve and versatility of the author in grappling with them. They will interest a very wide range of philosophers and students of the human sciences. (shrink)

This new edition of Charles Fried's 'Medical Experimentation' includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner, and a new essay by Fried reflecting on the original text and how it applies to the contemporary landscape of medicine and medical experimentation.

In this revised edition of his 1979 classic Political Theory and International Relations, Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international (...) politics should include a revised principle of state autonomy based on the justice of a state’s domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

Familiarity with Charles Darwin's treatise on evolution is essential to every well-educated individual. One of the most important books ever published--and a continuing source of controversy, a century and a half later--this classic of science is reproduced in a facsimile of the critically acclaimed first edition.

Perhaps the most readable and accessible of the great works of scientific imagination, The Origin of Species sold out on the day it was published in 1859. Theologians quickly labeled Charles Darwin the most dangerous man in England, and, as the Saturday Review noted, the uproar over the book quickly "passed beyond the bounds of the study and lecture-room into the drawing-room and the public street." Yet, after reading it, Darwin's friend and colleague T. H. Huxley had a different (...) reaction: "How extremely stupid not to have thought of that." Based largely on Darwin's experience as a naturalist while on a five-year voyage aboard H.M.S. Beagle, The Origin of Species set forth a theory of evolution and natural selection that challenged contemporary beliefs about divine providence and the immutability of species. A landmark contribution to philosophical and scientific thought, this edition also includes an introductory historical sketch and a glossary Darwin later added to the original text. Charles Darwin grew up considered, by his own account, "a very ordinary boy, rather below the common standard of intellect." A quirk of fate kept him from the career his father had deemed appropriate--that of a country parson--when a botanist recommended Darwin for an appointment as a naturalist aboard H.M.S. Beagle from 1831 to 1836. Darwin is also the author of the five-volume work Zoology of the Voyage of the Beagle (1839) and The Descent of Man (1871). (shrink)

The publication of Darwin's On the Origin of Species in 1859 ignited a public storm he neither wanted nor enjoyed. Having offered his book as a contribution to science, Darwin discovered to his dismay that it was received as an affront by many scientists and as a sacrilege by clergy and Christian citizens. To answer the criticism that his theory was a theory only, and a wild one at that, he published two volumes in 1868 to demonstrate that evolution was (...) obvious to anyone who cared to look at a bull in a pasture or a dog on a hearth. In response to those who insisted that species were distinct since creation, Darwin pointed to breeders of pigs and pigeons. In reply to those who protested that human intervention is one thing and natural selection another, he argued, "If organic beings had not possessed an inherent tendency to vary, man could have done nothing." To counter those who scorned his descriptions of species in exotic places, he submitted local evidence of cabbages and cauliflower. Based on a wide array of sources, from ancient pictographs to Polish roosters, from skins and from skeletons, from scientific journals and breeding manuals, Darwin assembled a mass of proof--and a hypothesis about species reversion that risked his reputation anew. The Variation of Animals and Plants under Domestication is a two-volume compilation of his thorough and intensive research and the revolutionary conclusions that resulted. The first portion of his work is dedicated to a meticulous analysis of various aspects of plant and animal life, including an inventory of varieties and their physical and behavioral characteristics, investigation of the impact of a species' surrounding environment and the role that both natural and forced changes in this environment have had. Darwin then turns to a richly detailed discussion of the roles of inheritance and crossing in the development of species. A wealth of illustrations further support and enhance his findings. This fascinating, invaluable, and courageous undertaking eventually formed the foundation for our current understanding of evolution. "In science as in politics the victors tend to write the history books. As a result, the record of the past is edited, intentionally or unintentionally, so that it focuses mainly on the precursors of contemporary orthodoxy. Such a focus may accurately represent the genealogy of modern ideas, but it almost inevitably misrepresents the historical experience of their progenitors... Even the powerful, persuasive, and ultimately triumphant theory of evolution by natural selection required not only defense, but repeated buttressing and revision. Variation showed Darwin hard at work on this rearguard action, using the materials he had at hand... His information was gleaned from the observations of fanciers, breeders, and amateur naturalists, as well as from the treatises of those on the cutting edge of zoology and botany. As hindsight narrows the historical spotlight, it imposes its own sense of hierarchy on the preoccupations of the past. But Darwin was interested in all of these topics, valued all of these sources, and belonged, to a greater or lesser extent, to all of these communities."--from the Introduction. (shrink)

Whether the food movement is most likely to transform the food system through ‘alternative’ or ‘oppositional’ initiatives has been the focus of considerable scholarly debate. Alternative initiatives are widespread but risk reinforcing the conventional food system by supporting neoliberal discourse and governance mechanisms, including localism, consumer choice, entrepreneurialism and self-help. While oppositional initiatives such as political advocacy have the potential for system-wide change, the current neoliberal political and ideological context dominant in Canada poses difficulties for initiatives that explicitly oppose the (...) conventional food system. As such, some argue that the food movement requires convergence between alternative and oppositional initiatives. In this paper, we investigate convergence using survey results from 143 food movement organizations in four Canadian provinces. Results based on cluster analysis and descriptive statistics on organizational discourse, activities and visions of sustainable food systems demonstrate convergence around neoliberal discourse and governance mechanisms. Localism and consumer education characteristics are particularly prominent, with a majority of respondents describing their organizations as ‘local’, engaging in consumer education activities, and stating the importance of consumer education activities, indicating convergence around alternative, rather than oppositional, initiatives. While convergence around these discourse and strategies may limit the transformative potential of the food system when interpreted as neoliberalisation of the movement, such a reading does not demonstrate their full potential, as survey results also indicate trends of transformative visions of change and political engagement, particularly at the municipal level. This research demonstrates that the movement can work simultaneously within, and opposed to, the conventional food system, and provides understanding of both neoliberal leanings and the politics of the possible of the food movement. (shrink)

A new understanding of political philosophy from one of its leading thinkers What is political philosophy? What are its fundamental problems? And how should it be distinguished from moral philosophy? In this book, Charles Larmore redefines the distinctive aims of political philosophy, reformulating in this light the basis of a liberal understanding of politics. Because political life is characterized by deep and enduring conflict between rival interests and differing moral ideals, the core problems of political philosophy are the regulation (...) of conflict and the conditions under which the members of society may thus be made subject to political authority. We cannot assume that reason will lead to unanimity about these matters because individuals hold different moral convictions. Larmore therefore analyzes the concept of reasonable disagreement and investigates the ways we can adjudicate conflicts among people who reasonably disagree about the nature of the human good and the proper basis of political society. Challenging both the classical liberalism of Locke, Kant, and Mill, and more recent theories of political realism proposed by Bernard Williams and others, Larmore argues for a version of political liberalism that is centered on political legitimacy rather than on social justice, and that aims to be well suited to our times rather than universally valid. Forceful and thorough yet concise, What Is Political Philosophy? proposes a new definition of political philosophy and demonstrates the profound implications of that definition. The result is a compelling and distinctive intervention from a major political philosopher. (shrink)

Complex systems are pervasive in the world around us. Making sense of a complex system should require that a person construct a network of concepts and principles about some domain that represents key (often dynamic) phenomena and their interrelationships. This raises the question of how expert understanding of complex systems differs from novice understanding. In this study we examined individuals' representations of an aquatic system from the perspective of structural (elements of a system), behavioral (mechanisms), and functional aspects of a (...) system. Structure–Behavior–Function (SBF) theory was used as a framework for analysis. The study included participants from middle school children to preservice teachers to aquarium experts. Individual interviews were conducted to elicit participants' mental models of aquaria. Their verbal responses and pictorial representations were analyzed using an SBF‐based coding scheme. The results indicated that representations ranged from focusing on structures with minimal understanding of behaviors and functions to representations that included behaviors and functions. Novices' representations focused on perceptually available, static components of the system, whereas experts integrated structural, functional, and behavioral elements. This study suggests that the SBF framework can be one useful formalism for understanding complex systems. (shrink)

It is almost universally accepted that the Frege–Geach Point is necessary for explaining the inferential relations and compositional structure of truth-functionally complex propositions. I argue that this claim rests on a disputable view of propositional structure, which models truth-functionally complex propositions on atomic propositions. I propose an alternative view of propositional structure, based on a certain notion of simulation, which accounts for the relevant phenomena without accepting the Frege–Geach Point. The main contention is that truth-functionally complex propositions do not include (...) as their parts truth-evaluable propositions, but their simulations, which are neither forceful nor truth-evaluable. The view makes room for the idea that there is no such thing as the forceless expression of propositional contents and is attractive because it provides the resources for avoiding a fundamental problem generated by the Frege–Geach Point concerning the relation between forceless and forceful expressions of propositional contents. I further argue that the acceptance of the Frege–Geach Point mars Peter Hanks’ and François Recanati’s recent attempts to resist the widespread idea that assertoric force is extrinsic to the expression of propositional contents. Rejecting this idea, I maintain, requires a deeper break with the tradition than Hanks and Recanati have allowed for. (shrink)