Syracuse University, NY, USA This paper seeks to demonstrate that hermeneutics is a powerful conceptual tool for exploring the current trend towards theorizing justice as a conversation. Specifically we explore the work of John Rawls in order to describe the particular variety of hermeneu tics at work in both 'political liberalism' and 'justice as fairness' and to critique this hermeneutics from the perspective of the ontological hermeneutics of Hans-Georg Gadamer. Using the critique of Quinean pragmatism found in Joseph Rouse's epistemology, (...) we draw a par allel between the 'hermeneutics as translation' in Quine and Rawls's public reason. This parallel, we argue, helps us better understand the features and the limitations of political liberalism, especially when Rawls's hermeneutics is contrasted with the possibility of a theory of justice inspired by Gadamer. Key Words: democracy dialogue Gadamer hermeneutics justice pluralism Quine Rawls. (shrink)
The nature of nursing has been the subject of discussion for the last 10–15 years. One reason is that in many countries the education of nurses has moved from teaching hospitals to the academies. This move has given rise to the question of the scientific basis for nursing knowledge.Lately, the content of nursing knowledge has become a principal focus in the work on developing expert systems for nursing. Thus theories of knowledge and the nature of new technology are of great (...) concern to the future of the nursing profession. The basic assumptions underlying a chosen theory of knowledge will determine the development and use of advanced technology in the future. (shrink)
This paper examines the Adventures of Huckleberry Finn in the light of the early Confucian thinker Mencius, arguing in essence that Mencian theories of moral development and self-cultivation can help us to recover the moral significance of Twain's novel. Although 'ethical criticisms' of Huckleberry Finn share a long history, I argue that most interpretations have failed to appreciate the moral significance of Jim, either by focusing on the moral arc of Huck in isolation or by casting Jim in one-dimensional terms (...) simply as a symbol or example of human dignity. By invoking the Mencian ideas of 'moral power' ( de ), human goodness, and the virtues of sympathy and humaneness, this study attempts to bring into relief the many ways that Jim, particularly in his role as an exemplar, functions as an active force in the moral life of Huck. It is hoped that this revised Mencian reading of Huckleberry Finn can restore the moral center of the novel and contribute to the growing discussion on the virtues in moral education. (shrink)
To be honest, I have almost nothing critical to say about Jim’s presentation (and this is quite unusual for a cranky analytic philosopher like me!). What Jim has said is all very sensible, and his examples are very well chosen, etc. So, instead of making critical remarks, I will try to expand a little on one of the themes Jim briefly touched upon in his talk: the contextuality of probability.
Conrad’s Lord Jim presents not only a paradigmatic case of weakness of will, but an equally paradigmatic case of the enormous difficulties that attend fitting weakness of will into our other moral attitudes, particularly those relating to moral worth and moral shame. Conrad’s general conception of character and morality is deeply Aristotelian in many respects, somewhat Kantian in others. The essay traces out the intuitive strengths and philosophical difficulties that both an Aristotelian and a Kantian conception will have before the (...) problem of weakness of will, and argues that the ambiguity in Conrad’s treatment of Jim’s case is the reflection of the clash between these two equally compelling, incompatible conceptions of the self and moral worth. (shrink)
Jim Jarmusch's Dead Man is a modern myth. Like many ancient myths it seems to have the structure of a rite of passage analysed by van Gennep into three stages: separation, marginal existence and reintegration. Separation is precipitated by a traumatic event and the marginal state is characterized by extraordinary experiences and feats. However, Jarmusch's tale does not quite fit the ancient initiation pattern since the last stage, reintegration, is at least prima facie missing. This already undermines the social function (...) of initiation and warps the significance of the myth. The modern town of ?Machine?, where the marginal existence of Blake is sealed, looms in the background of the story of his final journey to the world of spirits whence he had come. But Blake cannot quite embrace the story in which he plays the protagonist. The story is cobbled together by the Native American called ?Nobody.? Blake sceptically resigns himself to his fate. Why does Blake do this? Jarmusch manipulates the generic structure of the initiation tale in order to say something culturally significant about the possibility of living a meaningful life in a world dominated by the machine. In other words, he tells a modern myth. What does his tale say? (shrink)
The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range (...) of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. -/- With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris. (shrink)
This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
According to Jim Pryor’s dogmatism, when you have an experience with content p, you often have prima facie justification to believe p that does not rest on your independent justification to believe any proposition. Although dogmatism has an intuitive appeal and seems to have an antisceptical bite, it has been targeted by different objections. This paper principally aims to answer the objections by Roger White according to which dogmatism is inconsistent with the Bayesian account of how evidence affects our credences. (...) If this were true, the rational acceptability of dogmatism would be seriously questionable. I respond that these objections don’t get off the ground because they assume that our experiences and our introspective beliefs that we have experiences have the same evidential force, whereas the dogmatist is uncommitted to this assumption. I also consider the question whether dogmatism has an antisceptical bite. I suggest that the answer turns on whether or not the Bayesian can determine the priors of hypotheses and conjectures on the grounds of their extra-empirical virtues. If the Bayesian can do so, the thesis that dogmatism has an antisceptical bite is probably false. (shrink)
(Author’s reply at “Author-Meets-Critics” session (on Paul Redding, Analytic Philosophy and the Return of Hegelian Thought) at the Annual Meeting of the American Philosophical Association, Pacific Division, Vancouver, April 10, 2009. Robert Brandom’s “critic’s” contribution is available as “Hegel and Analytic Philosophy” from his website http://www.pitt.edu/~brandom/.).
In the contemporary expanding literature on transmission failure and its connections with issues such as the Closure principle, the nature of perceptual warrant, Moore’s proof of an external world and the effectiveness of Humean scepticism, it has often been assumed that there is just one kind of it: the one made familiar by the writings of Crispin Wright and Martin Davies. Although it might be thought that one kind of failure is more than enough, Davies has recently challenged this view: (...) apparently, there are more ways in heaven and earth that warrant can fail to transmit across valid inference from one (set of) belief(s) to another, than have been dreamt of in philosophy so far. More specifically, Davies thinks that a second kind of transmission failure has to be countenanced. He connects each kind of failure of transmission of warrant with two different kinds of epistemic project, respectively, and with the exploration of whether the current dispute between conservatives such as Wright, and liberals such as Jim Pryor, on the nature of perceptual warrant, would have a bearing on them. I point out why Davies’s second kind of transmission failure is indeed no such thing. I then move on to canvass another kind of transmission failure, different from the one studied by both Wright and Davies, and dependent on an alternative conception of the structure of empirical warrants, which I dub “moderatism”. I then consider how this alternative notion of transmission failure fares with respect to Moore’s proof, its relationship with Wright’s kind of transmission failure and with the Closure principle. In closing, I defend it from criticisms that can be elicited from Pryor’s recent work. (shrink)
“Moorean Dogmatist” responses to external world skepticism endorse courses of reasoning that many people find objectionable. This paper seeks to locate this dissatisfaction in considerations about epistemic responsibility. I sketch a theory of immediate warrant and show how it can be combined with plausible “inferential internalist” demands arising from considerations of epistemic responsibility. The resulting view endorses immediate perceptual warrant but forbids the sort of reasoning that “Moorean Dogmatism” would allow. A surprising result is that Dogmatism’s commitment to immediate epistemic (...) warrant isn’t enough to avoid certain standard arguments for skepticism about the external world. (shrink)
The interventionist account of causal explanation, in the version presented by Jim Woodward (2003), has been recently claimed capable of buttressing the widely felt—though poorly understood—hunch that high-level, relatively abstract explanations, of the sort provided by sciences like biology, psychology and economics, are in some cases explanatorily optimal. It is the aim of this paper to show that this is mistaken. Due to a lack of effective constraints on the causal variables at the heart of the interventionist causal-explanatory scheme, as (...) presently formulated it is either unable to prefer high-level explanations to low, or systematically overshoots, recommending explanations at so high of a level as to be virtually vacuous. (shrink)
At the last meeting, Tim Crane gave a talk in which he made play with a distinction between ‘believing in’ and ‘believing that’. And he claimed that this distinction could be put to serious philosophical work of interest to serious metaphysicians. My hunch at the time was that this distinction in fact can’t bear any real weight. But I can’t now reconstruct Tim’s own arguments sufficiently to give a fair evaluation of them. However, Tim did say that the distinction he (...) wanted to draw, and at least some of the work to which he wanted to put the distinction, was grounded in a paper on ‘Believing in Things’ by Zolt´ an Szab´ o. So in this talk, I’ll see what we can get out of that paper. And, as far as I can recall Tim’s paper, I think it is fair to say the following. If Szab´. (shrink)
As the_number of clinical trials continues to grow, there is an increasing need for education and training in the field. The clinical research climate is less forgiving of errors and oversights and therefore requires more knowledge of regulations and requirements. This brand new edition details new laws and regulations in protecting children participating in clinical trials and how a new focus on privacy of individual health information in the United States has changed how medical records are handled. Includes a manual (...) for investigators, research nurses and study coordinators with minimal experience or who are new to clinical research An easy-to-read and open text design using ‘sidebars’ of examples and information boxes related to the main text Includes a list of Frequently Asked Questions and Glossary Duke Clinical Research Institute is the world’s largest academic clinical research organisation and is well known and respected within the clinical research community. (shrink)
This paper provides a comparative analysis of the rules of conduct governing legal representatives in Australia, the United States of America and the United Kingdom as they apply to a range of ethical issues in mediation. The analysis has four main aims. First, it clarifies the position in Australia and the USA - the Australian and American mediation communities have not introduced separate codes for ?mediation advocates? as Mason recently suggested. But some provisions have been made for mediation practice. The (...) second aim is to tease out from these provisions learning points for policy makers and rule drafters. Amongst the points to consider is whether or not, and under what circumstances, mediators should be regarded as courts, or as third parties for the purpose of the rules. Third, the analysis provides some grounds for arguing that the current rules of conduct are appropriate for legal representatives in mediation. Fourth, it identifies challenges associated with proposals to introduce rules which require legal representatives to participate in mediation in good faith in a non-adversarial manner according to higher standards of honesty and candour. The article concludes by identifying a number of assumptions which permeate the literature on this topic. (shrink)
In 1973, Jim Hightower and his associates at the Agribusiness Accountability Project dropped a bombshell – Hard Tomatoes, Hard Times – on the land-grant college and agricultural science establishments. From the early 1970s until roughly 1990, Hightower-style criticism of and activism toward the public agricultural research system focused on a set of closely interrelated themes: the tendencies for the publicly supported research enterprise to be an unwarranted taxpayer subsidy of agribusiness, for agricultural research and extension to favor large farmers and (...) be disadvantageous for family farmers, for public research to stress mechanization while ignoring the concerns and interests of farm workers, and for the research and extension establishment to ignore rural poverty and other rural social problems. By 1990, however, there had been a quite fundamental restructuring of the agricultural technology opposition movement – one that is not often well recognized. Two overarching changes had occurred. First, agricultural-technology activism had shifted from contesting land-grant/public research priorities and practices to contesting private agribusiness technological priorities and practices. Second, the relatively integrated, overarching Hightower-type opposition had undergone bifurcation into two quite distinct social movements: the agricultural sustainability/local food systems movement on one hand, and the anti-GM food/crop and anti-food-system-globalization movement on the other. In this paper I explore the causes and consequences of these restructurings of the agricultural research and technology opposition movement. Chief among the major factors involved was the fact that “Hightowerism'' involved an ineffectual representational politics. Hightowerist claims – especially the claim that land-grant research was detrimental to family farmers – generated little support among the groups it claimed to represent (particularly “small'' or “family'' farmers). The two successor movements, by contrast, have relatively clear and dependable constituents. Further, the progressive molecularization of agricultural research, which proved to be both an antecedent and consequence of corporate involvement in agricultural research in the US, has decisively changed the issues that are contested by technology activists. Since the age of Hightower, the agricultural technology activist movement has shifted its 1970s and early 1980s emphasis from contesting public sector/land-grant research priorities to contesting private sector activities, particularly genetic engineering, GM crops, and globalization of agricultural technologies and regulatory practices. Even the sustainability/localism wing of the new agricultural technology movement configuration has progressively backed away from contesting public research priorities. The efforts of the sustainable agricultural and localism movement have increasingly focused on quasi-private efforts such as community supported agriculture, green/“value-added'' labeling and marketing strategies, and community food security. Some implications of this increasingly bifurcated, agricultural technology, activist movement configuration in which there is decreased interest in land-grant/public research priorities are discussed. (shrink)