When people lose capacity to make a medical decision, the standard is to assess what their preferences would have been and try to honor their wishes. Dementia raises a special case in such situations, given its long, progressive trajectory during which others must make substituted judgments. The question of how to help surrogates make better‐informed decisions has led to the development of dementia‐specific advance directives, in which people are given tools to help them communicate what their preferences are while they (...) are still able. Such directives allow the perspective of the person to play a clearer role in guiding decisions about their care. Dementia directives can never serve as rigid algorithms. Rather, they can be used to help inform conversations, to help surrogates make decisions that are better aligned with the preferences the person would have had. This essay lays out the proposed utility of dementia‐specific directives and addresses some of the criticisms raised about them. (shrink)

Taking steps to build a more dementia‐friendly society is essential for addressing the needs of people experiencing dementia. Initiatives that improve the quality of life for those living with dementia are needed to lessen controllable factors that can negatively influence how people envision a future trajectory of dementia for themselves. Programs that provide better funding and better coordination for care support would lessen caregiver burden and make it more possible to imagine more people being able to live what they might (...) consider a “good life” with dementia. Specific proposals, such as payment for dementia care managers and new systems to support high‐quality, symptom‐based palliative care beyond the hospice benefit of only six months, would improve and reframe how many people in the United States experience a dementia illness. Such changes should be incorporated into discussions about improving and respecting preferences in the later stages of dementia. (shrink)

Counterpossibles are counterfactuals with necessarily false antecedents. The problem of counterpossibles is easiest to state within the "nearest possible world" framework for counterfactuals: on this approach, a counterfactual is true (roughly) when the consequent is true in the "nearest" possible world where the antecedent is true. Since counterpossibles have necessarily false antecedents, there is no possible world where the antecedent is true. On the approach favored by Lewis, Stalnaker, Williamson, and others, counterpossibles are all trivially true. I introduce several arguments (...) against the trivial approach. First, it is counter-intuitive to think that all counterpossibles are true. Second, if all counterpossibles were true, then we could not make sense of their use in logical, philosophical, or mathematical arguments. Making sense of the role of sentences like these requires that they not have vacuous truth conditions. The account of counterpossibles I ultimately favor is an extension of the "nearest possible world" semantics discussed above. The Lewis/Stalnaker account is supplemented with the addition of impossible worlds, and the nearness metric is extended to range over these impossible worlds as well as possible worlds. Thus, a counterfactual is true when its consequent is true in the nearest world where the antecedent is true; if the counterfactual's antecedent is impossible, then the nearest world in question will be an impossible world. Once the framework of impossible worlds and similarity is in place, we can put it to use in the analysis of other philosophical phenomena. I examine one proposal that makes use of a theory of counterpossibles to develop an analysis of the notion of metaphysical dependence. (shrink)

In this paper, I argue for a particular conception of impossible worlds. Possible worlds, as traditionally understood, can be used in the analysis of propositions, the content of belief, the truth of counterfactuals, and so on. Yet possible worlds are not capable of differentiating propositions that are necessarily equivalent, making sense of the beliefs of agents who are not ideally rational, or giving truth values to counterfactuals with necessarily false antecedents. The addition of impossible worlds addresses these issues. The kinds (...) of impossible worlds capable of performing this task are not mysterious sui generis entities, but sets of structured propositions that are themselves constructed out of possible worlds and relations. I also respond to a worry that these impossible worlds are unable to represent claims about the shape of modal space itself. (shrink)

Introducing non-Darwinian mind as a nonaptation I argue that Darwinian mind evolved from non-Darwinian mind through the evolution of desire and aversion. The subject position within Darwinian mind is Darwinian self and is inherently selfish. However the cathexis whereby the subject prioritises motivations of desire and aversion is not an inherent property of mind. Instead it is proposed to be an adaptation, a predisposition to respond to pleasant/unpleasant sensations with desire/aversion. This explains why self-sacrifice and disengagement from desire/aversion are the (...) sine qua non of serious commitment to the spiritual path, i.e. Darwinian self and desire/aversion are two sides of the same coin and erosion of one is erosion of the other. Thus, through self- renunciation and suspension of desire/aversion the seeker passes from adaptive selfish Darwinian mind towards nonaptive selfless non-Darwinian mind. But Darwinian mind automatically resists this transcendence by intensifying motivations of desire/aversion thereby explaining the extreme difficulties of the spiritual path. A theoretical distinction is made between evolved Darwinian 'morality' , 'Darwinian' morality and amoral non-Darwinian kenosis . These distinctions make it easy to disentangle scientific and religious jurisdictions on morality with important implications for both religious ethics and science's view of spirituality. All in all, the nonaptive theory of spiritual mind offers a unified solution to age-old problems which have been uncomfortably shifting this way and that in the interstices between biology, psychology, theology and philosophy. (shrink)

At the beginning ofTristia2, a single long apologetic elegy, Ovid struggles with making sense of his continued occupation with poetry, despite the disaster it has brought upon him. In lines 7–8 he broods over Augustus’ displeasure, roused by theArs Amatoria, which led to his reproach. The passage is also sometimes adduced as a reference to the removal of theArsfrom Rome's public libraries.1.

This Article explores several meanings of a regulatory preference for government inaction. It explains the rise to dominance of this inaction preference in the United States and its distorting influence on the perception and understanding of regulation. Specifically, the Article demonstrates how basic terms in regulation, such as “government failure,” “regulatory capture,” and “deregulation,” acquired misleading connotations suggesting that government inaction is always superior to government action. The Article further explains how, through government inaction, the U.S. legal system accommodates rent (...) extraction - the profitable exploitation of market imperfections and favorable laws. Several developments in recent decades have considerably improved the capacity of very small groups in society to collect rents, namely, use talent and positional advantages to gain increasing levels of earnings. The Article argues that the parallel rise of the inaction preference has contributed to this trend, primarily because the availability of rent extraction opportunities draws talent that utilizes them with growing effectiveness. The purpose of the Article is to clarify several aspects of the relationships between regulation and rent extraction or, more precisely, to emphasize that government inaction may entail undesirable income effects. (shrink)

According to the tuning-for-criticality theory, the essential role of sleep is to protect the brain from super-critical behaviour. Here we argue that this protective role determines the content of dreams and any apparent relationship to the art of memory is secondary to this.

While Medical-Legal Partnerships (MLPs) have improved the health and well-being of the people they serve, most healthcare institutions will only invest in an MLP if they are convinced that doing so will improve its balance sheet. This article offers a detailed estimation of the cost savings that an MLP targeted toward the most acute legal needs would accrue to an academic medical center (AMC) in North Carolina.

The growing trend of shifting from classroom to distance learning in ethics education programs raises the need to examine ways for adapting best instructional practices to online modes. To address this need, the current study was set to apply a social constructivist approach to an online course in research ethics and to examine its effect on the learning outcomes of science and engineering graduate students. The study applied a pre-test post-test quasi-experimental research design within a framework of a mixed-methods approach. (...) The study compared the learning outcomes of students who participated in a social constructivist online course with those who studied in a conventional online course. The data were collected via questionnaires and interviews. The findings indicated that both the conventional and the social constructivist online learners gained knowledge of facts and regulations. Yet, the social constructivist learners were more successful in demonstrating knowledge of practices that are used to establish research ethics, and in understanding the importance of conducting research in a responsible manner. The social constructivist online learners were also more successful in demonstrating awareness of ethical dilemmas, by identifying ethical dilemmas and providing solutions to ethical problems. (shrink)

The goal of the current study was to examine novice researchers’ views about online ethics education and to identify the instructional design components that may foster ethical practice. Applying the mixed methods approach, data were collected via a survey and semi-structured interviews among M.Sc. and Ph.D. students in science and engineering. The findings point to the need for rethinking the way conventional online ethics courses are developed and delivered; encouraging students to build confidence in learning from distance, engaging them in (...) online active and interactive experiences, and providing them with personalized support and adaptive guidance. The novice researchers identified the synergistic integration of collaborative, case-based, and contextual learning, as the instructional design components that may foster not only ethical knowledge but also ethical practice in a fully online course. (shrink)

Under the title The Reformation of Morals , the tenth-century Syrian Orthodox scholar Yahya ibn 'Adi offered encouragement to the effort to promote moral perfection, especially among kings and other members of the social elite: his tract, on the social virtues and vices, gives extensive advice about the cultivation of the former and the extirpation of the latter. Where there are many echoes of Hellenistic moral philosophy in his presentation, the topical profile of the work and the language the author (...) uses reveal his participation in the Baghdad circle of philosophers and intellectuals--both Christian and Muslim--who were responsible for much that has come to be regarded as typical of the classical culture of the Islamic world. In fact, this text has occasionally been attributed to one or another famous Muslim author. It now stands as an important Christian contribution, in Arabic, to a strand of moral philosophy that is an integral component of the intellectual tradition of the world of Islam. (shrink)

This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. This (...) approach provides better guidance to the balancer , restricts wide discretion in balancing, and makes the act of balancing more transparent, more structured, and more foreseeable. The advantages of proportionality stricto sensu with its three levels of abstraction are several. It stresses the need to always look for a justification of a limit on human rights; it structures the mind of the balancer; it is transparent; it creates a proper dialog between the political brunches and the judiciary, and it adds to the objectivity of judicial discretion. Proportionality stricto sensu however has it critics: some claim that it attempts to balance incommensurable items; others that balancing is irrational. The answer to the critics is that it is a common base for comparison, namely the social marginal importance and that the balancing rules—basic, principled, concrete—supply a rational basis for balancing. A democracy must entrust the judiciary—the unelected independent judiciary—to be the final decision-maker—subject to constitutional amendments—about proper ends that cannot be achieved because they are not proportionality stricto sensu. (shrink)

This article explores an issue of some ongoing controversy in Ovidian scholarship: the identity of the anonymous person addressed in the epilogue of the “Tristia”’s third book. The exploration combines an analysis of the text with an examination of salient aspects of Hellenistic and Roman literary culture. These in turn inform a systematic prosopographical reassessment of four hypotheses. Evidence converges in the conclusion that the addressee was likely a high-level library administrator, most probably C. Iulius Hyginus.

Waging war for money has been frowned upon since the Peace of Westphalia and the rise of the modern nation-state. The stigma associated with private warfare translates, in legal terms, into a prohibition on mercenary activity and denying mercenaries the protection afforded to regular combatants . Noting the apparent similarities between mercenaries and private military contractors, some have sought to extend to the latter the restrictive regime applicable to the former. But the resemblance between these two types of actors should (...) not imply that private warfare, in its modern form, is condemnable outright. This Article argues that an inclusive approach to military outsourcing—drawing upon historical, legal and moral perspectives—is necessary to contend with the challenges raised by the growth of the private military industry. I examine the connection between history , morality , and law , to show that private warfare deserves a more nuanced and pragmatic treatment under international law. (shrink)

The stability theory of first order theories was initiated by Saharon Shelah in 1969. The classification of abstract elementary classes was initiated by Shelah, too. In several papers, he introduced non-forking relations. Later, Shelah [17, II] introduced the good non-forking frame, an axiomatization of the non-forking notion.We improve results of Shelah on good non-forking frames, mainly by weakening the stability hypothesis in several important theorems, replacing it by the almost λ-stability hypothesis: The number of types over a model of cardinality (...) λ is at most λ+.We present conditions on Kλ, that imply the existence of a model in Kλ+n for all n. We do this by providing sufficiently strong conditions on Kλ, that they are inherited by a properly chosen subclass of Kλ+. What are these conditions? We assume that there is a ‘non-forking’ relation which satisfies the properties of the non-forking relation on superstable first order theories. Note that here we deal with models of a fixed cardinality, λ.While in Shelah [17, II] we assume stability in λ, so we can use brimmed models, here we assume almost stability only, but we add an assumption: The conjugation property.In the context of elementary classes, the superstability assumption gives the existence of types with well-defined dimension and the ω-stability assumption gives the existence and uniqueness of models prime over sets. In our context, the local character assumption is an analog to superstability and the density of the class of uniqueness triples with respect to the relation ≼bs is the analog to ω-stability. (shrink)

Although random mutation is central to models of evolutionary change, a lack of clarity remains regarding the conceptual possibilities for thinking about the nature and role of mutation in evolution. We distinguish several claims at the intersection of mutation, evolution, and directionality and then characterize a previously unrecognized category: complex conditioned mutation. Empirical evidence in support of this category suggests that the historically famous fluctuation test should be revisited, and new experiments should be undertaken with emerging experimental techniques to facilitate (...) detecting mutation rates within specific loci at an ultra‐high, individual base pair resolution. (shrink)

The ideas of freedom, justice, democracy and secularism are the main themes in the study of political philosophy. This article attempts to explain Abdolkarim Soroush's political philosophy with the boundaries of themes regarding freedom, justice, secluralism and democracy. Abolkarim Soroush is a thinker in the contemporary Islamic world.

In this essay, the authors explore the phenomenon of utterance we find in speech and teaching. Jean-Luc Marion’s third phenomenological reduction serves as a methodological foundation for this exploration which moves through Biblical literature and autobiography – both centred on the story of the election of Samuel – before leading into a meditation on the Call of and Response to the Other. The Call and Response guide the essay to a theory of prophetic teaching emerging within its phenomenology of utterance (...) that situates itself between philosophical anthropology and philosophical theology, and between Jewish and Catholic traditions. (shrink)

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

Traditionally dated from the 8th to the 14th century, historians generally agree on the period of the golden age of Islamic civilization. They count that the keys to this civilizational achievement laid on the flourishing educational institutions, scientific findings, and the births of influential Muslim scholars. This article tries to reframe the significance of education in the creation of Islamic golden age and offer a brief reminder to the importance of education for contemporary Muslim societies. It is a bibliographical study (...) for the materials for the discussion are taken from books, journal articles, and other written sources related to the topic. The collected data were then analyzed by content analysis. This article argues that the state policies on education is the key for the past Muslim golden age. Scientific culture ranging from namely research tradition, translation tradition, reading tradition to scientific habitus are essential in the making of Muslim golden age. This historical records reserves as a reminder for contemporary Muslim to reestablish the past golden age that lies on the reformation of educational system. (shrink)

A generation ago scientific ideas floated free in the air, as historians gazed up at them in wonder and admiration. From time to time, historians agreed, the ideas that made up the body of scientific truth became incarnate: they were embedded into the fleshly forms of human culture and attached to particular times and places. How this incarnation occurred was a great mystery. How could spirit be made flesh? How did the transcendent and the timeless enter the forms of the (...) mundane and the contingent? Platonist and providentialist perspectives offered ways of speaking about the mystery, but, in general, it remained unresolved at the core of orthodox idealist historiography.1. (shrink)

The notion $J$ is independent in $(M,M_0,N)$ was established by Shelah, for an AEC (abstract elementary class) which is stable in some cardinal $\lambda$ and has a non-forking relation, satisfying the good $\lambda$-frame axioms and some additional hypotheses. Shelah uses independence to define dimension. Here, we show the connection between the continuity property and dimension: if a non-forking satisfies natural conditions and the continuity property, then the dimension is well-behaved. As a corollary, we weaken the stability hypothesis and two additional (...) hypotheses, that appear in Shelah's theorem. (shrink)

This is the first book-length examination of the impact Leo Strauss’ immigration to the United States had on this thinking. Adi Armon weaves together a close reading of unpublished seminars Strauss taught at the University of Chicago in the 1950s and 1960s with an interpretation of his later works, all of which were of course written against the backdrop of the Cold War. First, the book describes the intellectual environment that shaped the young Strauss’ worldview in the Weimar Republic, tracing (...) those aspects of his thought that changed and others that remained consistent up until his immigration to America. Armon then goes on to explore the centrality of Karl Marx to Strauss’s intellectual biography. By analyzing an unpublished seminar Strauss taught with Joseph Cropsey at the University of Chicago in 1960, Armon shows how Strauss’ fragmentary, partial engagement with Marx in writing obscured the important role that Marxism actually played as an intellectual challenge to his later political thinking. Finally, the book explores the manifestations of Straussian doctrine in postwar America through reading Strauss’ The City and Man as a representative of his political teaching. (shrink)

This article analyses and interprets the works of Friedensreich Hundertwasser (1928-2000) as a source of inspiration for environmental ethics and offers an extended model of the Ecological Self based on an interpretation of his works. Hundertwasser was a prominent Jewish-Austrian artist and environmental activist, yet despite his commitment to environmental issues, he has not received the attention he deserves from the environmental ethics community. His works and writings suggest a critique and reformulation of the well-known concept of the Ecological Self. (...) This concept implies that humans are essentially embedded in the natural world - that the Self is porous and open rather than disengaged and atomistic. This article suggests an alternative, holistic and extended version of this concept. It assesses and incorporates additional layers found between humans and nature - clothing, architecture, urban environments, and social and political environments. (shrink)

In their cognitive theory of emotion, Schachter and Singer proposed that feelings are separable from what they are about. As a test, they induced feelings of arousal by injecting epinephrine and then molded them into different emotions. They illuminated how feelings in one moment lead into the next to form a stream of conscious experience. We examine the construction of emotion in a similar spirit. We use the sensory integration process to understand how the brain combines disparate sources of information (...) to construct both perceptual and emotional models of the world even as the world continues to change. We emphasize two processes: affect segmentation and affect integration. (shrink)

Unlike “Imperialism” and “Totalitarianism,” the last two chapters in Hannah Arendt’s The Origins of Totalitarianism, written in the United States in the 1940s, the completion of the first chapter, “Antisemitism”, was preceded by more than two decades of writing in Europe and in the United States, during which Arendt found it increasingly necessary to address issues related to the Jews’ political and social situation. The chapter may be only one part of the book, but it is in fact the “origin (...) of The Origins” and its cornerstone. In order to trace several themes of this seminal chapter, we must analyze the contribution of the French Jewish thinker, Bernard Lazare, to Arendt’s thinking. Without him, “Antisemitism” would never have coalesced and seen the light of day as a political analysis of the phenomenon. Without the “Antisemitism” chapter, The Origins of Totalitarianism would not have become a canonical work of twentieth-century political thought. (shrink)

The article presents the argument that administrative decision-making should be understood as devoted to balancing between conflicting interests of individuals or groups, usually when none of the affected parties has predefined legal rights that are relevant to the substantial content of the administrative decision. Administrative decisions often have a direct effect not only on human and civil rights issues, but also on matters bearing on the quality of life, living conditions, prices of regulated products, and the allocation of government funds. (...) Since the decision as to which interest should prevail in the conflict is a distributive one and has many possible answers, the role of administrative law is primarily to ensure that these decisions are made fairly, with due weight given to the conflicting interests of the various groups and individuals involved. With this as background, the article shows how the doctrines of positive administrative law are designed to meet the challenge of coping with conflicting interests in the administrative decision-making process, using such examples as the prohibitions against decision-makers’ conflicts of interest and the rules regarding interest representation and judicial review. In the second part, the article applies the interest perspective to the administrative decision-making process in order to analyze the highly extensive regulation of land resources in Israel. The analysis concentrates on the Israeli Supreme Court decision in one of the most controversial petitions brought before it: against administrative decisions on the development of formerly agricultural lands. (shrink)

_ Source: _Volume 24, Issue 2, pp 300 - 317 This article examines R. Zvi Yehudah Kook’s reading of two earlier thinkers who were influential in the formulation of his thought—the Maharal of Prague and R. Avraham Azulai. I argue that his creative and unique reading of these texts exemplifies a fascinating dialogue he held with earlier sources, which he interpreted and infused with his own theological postulates. Here I explore his theory of the unique nature of the Jewish soul, (...) in both its collective and individual manifestations. The connection between R. Zvi Yehudah’s approach to interpreting earlier Jewish theological texts and that of his father, R. Avraham Itzhak HaCohen Kook, will also be discussed. (shrink)