In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I defend that, according to Kant’s practical philosophy, the normative connection between justice and law is not supposed to be carried out at the juridical level, as a meta-juridical theory, but at the political one, making it a meta-political theory.

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

Because no single person or group holds knowledge about all aspects of research, mechanisms are needed to support knowledge exchange and engagement. Expertise in the research setting necessarily includes scientific and methodological expertise, but also expertise gained through the experience of participating in research and/or being a recipient of research outcomes. Engagement is, by its nature, reciprocal and relational: the process of engaging research participants, patients, citizens and others brings them closer to the research but also brings the research closer (...) to them. When translating research into practice, engaging the public and other stakeholders is explicitly intended to make the outcomes of translation relevant to its constituency of users. In practice, engagement faces numerous challenges and is often time-consuming, expensive and ‘thorny’ work. We explore the epistemic and ontological considerations and implications of four common critiques of engagement methodologies that contest: representativeness, communication and articulation, impacts and outcome, and democracy. The ECOUTER methodology addresses problems of representation and epistemic foundationalism using a methodology that asks, “How could it be otherwise?” ECOUTER affords the possibility of engagement where spatial and temporal constraints are present, relying on saturation as a method of ‘keeping open’ the possible considerations that might emerge and including reflexive use of qualitative analytic methods. This paper describes the ECOUTER process, focusing on one worked example and detailing lessons learned from four other pilots. ECOUTER uses mind-mapping techniques to ‘open up’ engagement, iteratively and organically. ECOUTER aims to balance the breadth, accessibility and user-determination of the scope of engagement. An ECOUTER exercise comprises four stages: engagement and knowledge exchange; analysis of mindmap contributions; development of a conceptual schema ; and feedback, refinement and development of recommendations. ECOUTER refuses fixed truths but also refuses a fixed nature. Its promise lies in its flexibility, adaptability and openness. ECOUTER will be formed and re-formed by the needs and creativity of those who use it. (shrink)

This book investigates several dimensions of the concept of cosmopolitanism since Kant. The first of these dimensions is a world vision that considers the construction of a 'cosmopolitan self' as a question of justice. The second is the idea that a local political-legal order is fully democratic only if it respects the environment and the human rights of all people of the world, regardless of their citizenship. The third dimension concerns the practice of crossborder associations between individuals, institutionalized or not (...) (cosmopolitics, as Balibar called it). The fourth considers individuals as subjects of international law, as in the case of individual petitions concerning human rights through the European Court of Human Rights and individual responsibility in international criminal law. Finally, the fifth dimension is a form of ecological consciousness based on the relationship between the self and the cosmos, which would imply a profound revision of modern anthropocentric concepts."--Publisher. (shrink)

BackgroundEngagement is important within cohort studies for a number of reasons. It is argued that engaging participants within the studies they are involved in may promote their recruitment and retention within the studies. Participant input can also improve study designs, make them more acceptable for uptake by participants and aid in contextualising research communication to participants. Ultimately it is also argued that engagement needs to provide an avenue for participants to feedback to the cohort study and that this is an (...) ethical imperative. This study sought to explore the participants’ experiences and thoughts of their engagement with their birth cohort study.MethodsParticipants were recruited from the Children of the 90s (CO90s) study. Qualitative semi-structured interviews were conducted with 42 participants. The interviews were transcribed verbatim, and uploaded onto Nvivo software. They were then analysed via thematic analysis with a constant comparison technique.ResultsParticipants’ experiences of their engagement with CO90s were broadly based on three aspects: communication they received from CO90s, experiences of ethical conduct from CO90s and receiving rewards from CO90s. The communication received from CO90s, ranged from newsletters explaining study findings and future studies, to more personal forms like annual greeting cards posted to each participant. Ethical conduct from CO90s mainly involved participants understanding that CO90s would keep their information confidential, that it was only involved in ‘good’ ethical research and their expectation that CO90s would always prioritise participant welfare. Some of the gifts participants said they received at CO90s included toys, shopping vouchers, results from clinical tests, and time off from school to attend data collection (Focus) days. Participants also described a temporality in their engagement with CO90s and the subsequent trust they had developed for the cohort study.ConclusionThe experiences of engagement described by participants were theorized as being based on reciprocity which was sometimes overt and other times more nuanced. We further provide empirical evidence of participants’ expectation for a reciprocal interaction with their cohort study while highlighting the trust that such an interaction fosters. Our study therefore provides key insights for other cohort studies on what participants value in their interactions with their cohort studies. (shrink)

A argumentação desenvolvida no presente artigo se propõe a defender a interpretação austera do construtivismo em Kant das objeções a ela levantadas por Jeremy Schwartz (2017) em seu artigo _Was Kant a ‘Kantian Constructivist’?_. Tendo isso em vista, primeiramente, procede-se à reconstrução da interpretação de Schwartz para a distinção analítico-sintética na esfera prática a partir da caracterização por contradição e à indicação de objeções para sua aceitação. Na sequência, apresenta-se a caracterização de analiticidade por continência e como esta pode ser (...) transposta para o caso dos imperativos sem resultar em conflitos com a interpretação austera do construtivismo. Por fim, delineiam-se considerações quanto à formalidade dos princípios constitutivos da razão prática e seu escopo, chegando à conclusão de que não se pode estabelecer uma identidade entre construtivismo austero e logicismo prático. (shrink)

We agree with Alfandre and colleagues that ethics guidance for contingency conditions in public health emergencies is urgently needed. The Minnesota COVID Ethics Collabora...

Increasingly, medical educators integrate art-viewing into curricular interventions that teach clinical observation—often with local art museum educators. How can cross-disciplinary collaborators explicitly connect the skills learned in the art museum with those used at the bedside? One approach is for educators to align their pedagogical approach using similar teaching methods in the separate contexts of the galleries and the clinic. We describe two linked pedagogical exercises—Visual Thinking Strategies (VTS) in the museum galleries and observation at the bedside—from “Training the Eye: (...) Improving the Art of Physical Diagnosis,” an elective museum-based course at Harvard Medical School. It is our opinion that while strategic interactions with the visual arts can improve skills, it is essential for students to apply them in a clinical context with faculty support—requiring educators across disciplines to learn from one another. (shrink)

To inform medical education reform efforts, we systematically collected information on the level of arts and humanities engagement in our medical school community. Attitudes regarding incorporating arts and humanities-based teaching methods into medical education and patient care were also assessed. An IRB-approved survey was electronically distributed to all faculty, residents, fellows, and students at our medical school. Questions focused on personal practice of the arts and/or humanities, as well as perceptions of, and experience with formally incorporating these into medical teaching. (...) Of 13,512 community members surveyed, 2,775 responded. A majority of respondents agreed or strongly agreed that medical education and patient care could be "enhanced" by the integration of the arts. There was enthusiastic support for the creation of a formal program in the arts at our medical school. Integration of the arts into medical education may have a role in improving the quality of medical training and would likely be well received by teachers and learners. (shrink)

The present paper draws on climate science and the philosophy of science in order to evaluate climate-model-based approaches to assessing climate projections. We analyze the difficulties that arise in such assessment and outline criteria of adequacy for approaches to it. In addition, we offer a critical overview of the approaches used in the IPCC working group one fourth report, including the confidence building, Bayesian and likelihood approaches. Finally, we consider approaches that do not feature in the IPCC reports, including three (...) approaches drawn from the philosophy of science. We find that all available approaches face substantial challenges, with IPCC approaches having as a primary source of difficulty their goal of providing probabilistic assessments. (shrink)

Biological evolution provides a creative fount of complex and subtle adaptations, often surprising the scientists who discover them. However, because evolution is an algorithmic process that transcends the substrate in which it occurs, evolution’s creativity is not limited to nature. Indeed, many researchers in the field of digital evolution have observed their evolving algorithms and organisms subverting their intentions, exposing unrecognized bugs in their code, producing unexpected adaptations, or exhibiting outcomes uncannily convergent with ones in nature. Such stories routinely reveal (...) creativity by evolution in these digital worlds, but they rarely fit into the standard scientific narrative. Instead they are often treated as mere obstacles to be overcome, rather than results that warrant study in their own right. The stories themselves are traded among researchers through oral tradition, but that mode of information transmission is inefficient and prone to error and outright loss. Moreover, the fact that these stories tend to be shared only among practitioners means that many natural scientists do not realize how interesting and lifelike digital organisms are and how natural their evolution can be. To our knowledge, no collection of such anecdotes has been published before. This paper is the crowd-sourced product of researchers in the fields of artificial life and evolutionary computation who have provided first-hand accounts of such cases. It thus serves as a written, fact-checked collection of scientifically important and even entertaining stories. In doing so we also present here substantial evidence that the existence and importance of evolutionary surprises extends beyond the natural world, and may indeed be a universal property of all complex evolving systems. (shrink)

The essays in this book demonstrate the breadth and vitality of American intellectual history. Their core theme is the diversity of both American intellectual life and of the frameworks that we must use to make sense of that diversity. The Worlds of American Intellectual History has at its heart studies of American thinkers. Yet it follows these thinkers and their ideas as they have crossed national, institutional, and intellectual boundaries. The volume explores ways in which American ideas have circulated in (...) different cultures. It also examines the multiple sites--from social movements, museums, and courtrooms to popular and scholarly books and periodicals--in which people have articulated and deployed ideas within and beyond the borders of the United States. At these cultural frontiers, the authors demonstrate, multiple interactions have occurred - some friendly and mutually enriching, others laden with tension, misunderstandings, and conflict. The same holds for other kinds of borders, such as those within and between scholarly disciplines, or between American history and the histories of other cultures.The richness of contemporary American intellectual history springs from the variety of worlds with which it must engage. Intellectual historians have always relished being able to move back and forth between close readings of particular texts and efforts to make sense of broader cultural dispositions. That range is on display in this volume, which includes essays by scholars as fully at home in the disciplines of philosophy, literature, economics, sociology, political science, education, science, religion, and law as they are in history. It includes essays by prominent historians of European thought, attuned to the transatlantic conversations in which Europeans and Americans have been engaged since the seventeenth century, and American historians whose work has carried them not only to different regions in North America but across the North Atlantic to Europe, across the South Atlantic to Africa, and across the Pacific to South Asia. (shrink)

A hermeneutical cloud still dominates ongoing discourse on the meaning and application of הֶבֶל, a crucial weaving thread in the book of Ecclesiastes. The Hebrew Qoheleth, presumably the disguised author, proposes the theological ideology of hebel as the totality of human existence in this book. What does Qohelethintend to achieve by asserting and dismissing everything in human experience as hebel? This article proposes a political and economic reading of Ecclesiastes, holding that the author, from personal observation, saw and addressed life (...) from the point of view of ivory tower aristocrats who sought to control their environment by every means to their benefit. It suggests that a political and economic reading of Ecclesiastes locates another perspective on Qoheleth’s purposes for the use of hebel. As such, it argues that the Qoheleth uses hebel as a literary rhetorical device as an evaluative grid to critique and indict the negative behaviour of the politically powerful and the wealthy, to caution against the reckless abuse of political and economic power to their benefit by those who live in privilege in society, and lastly to give counsel for an appropriate application of such privileged power for the good of society vis-à-vis the transitory, transient and unpredictable nature of human existence. (shrink)

Against the background of a disenfranchised and hopeless exilic Israel, Ezekiel received the vision of ‘Dry Bones’, predicting an eschatological resuscitation and resurrection to life and restoration to the land of Yahweh’s covenant people. This article previews the political, social, economic and moral conditions of many African societies as being in a disenfranchised, hopeless exilic state. It nonetheless argues that the theological essence of Ezekiel’s visionary imagery of ‘Dry Bones’ resonates well with such deteriorating and hopeless African societies. It envisages (...) the semblances, relatedness and relevance of Ezekiel’s hope principle of a restorative eschatological theology as a possible reality for Africa’s hopeless present ‘Dry Bones’ state. Upon this hope principle, the article proposes a theological framework of faith against despondency and despair for the realisation of such eschatological reality for Africa. It holds that God is equally capable of displaying his restorative power and sovereignty to reverse the hopeless conditions of African nations in demonstration of his love, compassion and care as he did for the apparently irreparable condition of exilic Israel. (shrink)

A varietyV satisfies a strong Malcev condition ∃f1,…, ∃fnθ where θ is a conjunction of equations in the function variablesf1, …,fnand the individual variablesx1, …,xm, if there are polynomial symbolsp1, …,pnin the language ofVsuch that ∀x1, …,xmθ is a law ofV. Thus a strong Malcev condition involves restricted second order quantification of a strange sort. The quantification is restricted to functions which are “polynomially definable”. This notion was introduced by Malcev [6] who used it to describe those varieties all of (...) whose members have permutable congruence relations. The general formal definition of Malcev conditions is due to Grätzer [1]. Since then and especially since Jónsson's [3] characterization of varieties with distributive congruences there has been extensive study of strong Malcev conditions and the related concepts: Malcev conditions and weak Malcev conditions.In [9], Taylor gives necessary and sufficient semantic conditions for a class of varieties to be defined by a Malcev condition. A key to the proof is the translation of the restricted second order concepts into first order concepts in a certain many sorted language. In this paper we show that, given this translation, Taylor's theorem is an easy consequence of a result of Tarski [8] and the standard preservation theorems of first order logic. (shrink)

This volume explores the problems and prospects attending evangelical engagement with natural law as a key feature for political thought. Engaging theology, philosophy, political theory and biblical studies, many contributors are optimistic about the prospects of evangelical re-appropriation of natural law, but note ways in which evangelical commitments might lend distinctive shape to this engagement.

Selections (with introductions) intended to introduce college students at all levels of sophistication to philosophical problems which grow naturally out of everyday concerns. Emphasis is on moral and social philosophy with which the student is presumed to be familiar: killing and rescuing, racial and sexual equality, liberty and its limitation, love and sexual behavior. No index. Annotation copyrighted by Book News, Inc., Portland, OR.

At the forefront of international concerns about global legislation and regulation, a host of noted environmentalists and business ethicists examine ethical issues in consumption from the points of view of environmental sustainability, economic development, and free enterprise.

Each decade since 1979, the Healthy People initiative establishes the national prevention agenda and provides the foundation for disease prevention and health promotion policies and programs. Law and policy have been included in Healthy People objectives from the start, but not integrated into the overall initiative as well as possible to potentially leverage change to meet Healthy People targets and goals. This article provides background on the Healthy People initiative and its use among various stakeholder groups, describes the work of (...) a project aiming to better integrate law and policy into this initiative, and discusses the development of Healthy People 2030 — the next iteration of health goals for the nation. Lessons from the preliminary stages of developing Healthy People by the HHS Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 and a Federal Interagency Workgroup will be included. Efforts by the Committee focused on the role of law and policy as determinants of health and valuable resources around health equity are also shared. Finally, the article discusses ways that law and policy can potentially be tools to help meet Healthy People targets and to attain national health goals. (shrink)

About one third of patients with epilepsy have seizures refractory to the medical treatment. Electrical stimulation mapping is the gold standard for the identification of “eloquent” areas prior to resection of epileptogenic tissue. However, it is time-consuming and may cause undesired side effects. Broadband gamma activity recorded with extraoperative electrocorticography during cognitive tasks may be an alternative to ESM but until now has not proven of definitive clinical value. Considering their role in cognition, the alpha and beta bands could further (...) improve the identification of eloquent cortex. We compared gamma, alpha and beta activity, and their combinations for the identification of eloquent cortical areas defined by ESM. Ten patients with intractable focal epilepsy participated in a delayed-match-to-sample task, where syllable sounds were compared to visually presented letters. We used a generalized linear model approach to find the optimal weighting of each band for predicting ESM-defined categories and estimated the diagnostic ability by calculating the area under the receiver operating characteristic curve. Gamma activity increased more in eloquent than in non-eloquent areas, whereas alpha and beta power decreased more in eloquent areas. Diagnostic ability of each band was close to 0.7 for all bands but depended on multiple factors including the time period of the cognitive task, the location of the electrodes and the patient’s degree of attention to the stimulus. We show that diagnostic ability can be increased by 3–5% by combining gamma and alpha and by 7.5–11% when gamma and beta were combined. We then show how ECoG power modulation from cognitive testing can be used to map the probability of eloquence in individual patients and how this probability map can be used in clinical settings to optimize ESM planning. We conclude that the combination of gamma and beta power modulation during cognitive testing can contribute to the identification of eloquent areas prior to ESM in patients with refractory focal epilepsy. (shrink)

We introduce the $\Sigma _1$ -definable universal finite sequence and prove that it exhibits the universal extension property amongst the countable models of set theory under end-extension. That is, the sequence is $\Sigma _1$ -definable and provably finite; the sequence is empty in transitive models; and if M is a countable model of set theory in which the sequence is s and t is any finite extension of s in this model, then there is an end-extension of M to a (...) model in which the sequence is t. Our proof method grows out of a new infinitary-logic-free proof of the Barwise extension theorem, by which any countable model of set theory is end-extended to a model of $V=L$ or indeed any theory true in a suitable submodel of the original model. The main theorem settles the modal logic of end-extensional potentialism, showing that the potentialist validities of the models of set theory under end-extensions are exactly the assertions of S4. Finally, we introduce the end-extensional maximality principle, which asserts that every possibly necessary sentence is already true, and show that every countable model extends to a model satisfying it. (shrink)

How can intuitions be used to validate or invalidate a philosophical theory? An intuition about a case seems to be a basic evidential source for the truth of that intuition, i.e., for the truth of the claim that a particular example is or isn’t an instance of a philosophically interesting kind, concept, or predicate. A mental‐state type is a basic evidential source only if its tokens reliably indicate the truth of their contents. The best way to account for intuitions being (...) a basic evidential source is to interpret their subject matter in psychologistic terms. Intuitions provide evidence about the contents of the intuiter's concept, where “concept” is understood as a psychological structure. (shrink)

In “The Ethical Defensibility of Harm Reduction and Eating Disorders,” Andria Bianchi et al. defend the use of harm reduction strategies to treat patients with severe and enduring anorexia n...

This paper critiques Clare Palmer’s “What do we owe wild animals?” on three grounds. First, it is argued that, Palmer’s opening case study notwithstanding, there are good empirical reasons to think that we should assist domesticated horses and not wild deer. Then, Palmer’s claim that “wildness is not a capacity” is brought into question, and it is argued that wildness connotes certain capacities which wild animals generally have and which domesticated animals generally lack. Lastly, the “supererogation problem” is developed against (...) a version of Palmer’s preferred Contextualist view, which claims that, while her view doesn’t obligate us to eliminate predators and otherwise redesign nature in the name of wild animal welfare, it may nonetheless allow them. Therefore, this view has potentially unsettling environmental implications. (shrink)

FIRST PARAGRAPH I have argued that dispositionalism is incompatible with the Principle of Least Action (PLA) (Katzav 2004). In ‘Katzav on the Limitations of Dispositionalism,’ Brian Ellis responds, arguing that while naïve dispositionalism is incompatible with the PLA, sophisticated dispositionalism is not. Naive dispositionalism, according to Ellis, is the view that the world is ultimately something like a conglomerate of objects and their dispositions, and that, therefore, dispositions are the ultimate ontological units that explain events. Sophisticated dispositionalism, according to Ellis, (...) supposes that, how things are disposed to behave depends also on what kinds of things they are, what kinds of property they have, and how these kinds of things and properties are placed in the natural kinds hierarchies to which they belong (Ellis 2005). Further, it supposes that at the top of each hierarchy of natural kinds there is a global kind. For example, ‘[t]he global natural kind in the category of substance is that of the physical system’ (Ellis 2005). Ellis continues, claiming that the PLA is of the essence of the global kind in the category of objects or substances. If this is so, then, of course, every continuing object must be Lagrangian, i.e. disposed to evolve in accordance with the principle of least action (Ellis 2005). Ellis concludes that, therefore, a sophisticated dispositionalist can accommodate the PLA and its metaphysical necessity. (shrink)

In the essay “Cézanne’s Doubt,” Merleau-Ponty explores the relationship between Paul Cézanne’s art and his embodiment. The doubt in question is ultimately about the meaning of his disabilities. Should Cézanne’s disabilities or impairments shape how we interpret his art or should they instead be treated as incidental, as mere biographical data? Although Merleau-Ponty's essay isn’t intended to be phenomenological, its line of questioning is as much about lived experience as it is about art criticism, art history, and aesthetics. I here (...) offer a reading of “Cézanne’s Doubt” as an exploration of one of the more fundamental issues for phenomenological methodology: the relationship between normality and the normate. I first defend this phenomenological and disability-centric or crip reading of the essay. I then argue that insofar as one takes oneself to be “normal” and insofar as doing so underwrites phenomenological inquiry, the problematic of the normate, not just that of normality, is central to phenomenology. (shrink)

Sometime ago, I found myself using the diagnosis of a student’s depression as a critical tool of interpretation, searching for signs of mental illness in her essay that explored order and disorder in T. S. Eliot’s The Waste Land. I realised that my reading had become a creative act, combining poem, poet, student essay and author to create, in a sense, one readable text. The present paper is a reflection upon the processes of order and disorder located in a diagnosis (...) of “madness” and the readings of writer and text this diagnosis initiated. I look to deconstruct acts of reading and diagnosis. (shrink)

We introduce the subject of modal model theory, where one studies a mathematical structure within a class of similar structures under an extension concept that gives rise to mathematically natural notions of possibility and necessity. A statement φ is possible in a structure (written φ) if φ is true in some extension of that structure, and φ is necessary (written φ) if it is true in all extensions of the structure. A principal case for us will be the class Mod(T) (...) of all models of a given theory T—all graphs, all groups, all fields, or what have you—considered under the substructure relation. In this article, we aim to develop the resulting modal model theory. The class of all graphs is a particularly insightful case illustrating the remarkable power of the modal vocabulary, for the modal language of graph theory can express connectedness, k-colorability, finiteness, countability, size continuum, size ℵ1, ℵ2, ℵω, ℶω, first ℶ-fixed point, first ℶ-hyper-fixed point, and much more. A graph obeys the maximality principle φ(a)→φ(a) with parameters if and only if it satisfies the theory of the countable random graph, and it satisfies the maximality principle for sentences if and only if it is universal for finite graphs. (shrink)

It is now generally recognized that Earth is at risk of a devastating collision with an asteroid or a comet. Impressive strides in our understanding of this threat have been made in recent decades, and various efforts to deal with it have been undertaken. However, the pace of government action hasn’t kept up with the advance of our knowledge. Despite the daunting dimensions of planetary defense, one intrepid NGO has stepped up to the plate: The B612 Foundation has embarked on (...) a half-billion-dollar project, called Sentinel, to map the estimated one million near-Earth objects that could wipe out a city or even end civilization. This article offers an explanation of how it came to be that private citizens have assumed what is arguably government’s primary mandate to "provide for the common defence." It then examines some of the practical – or, if you will, ethical – risks that may be attendant on such a shift of responsibility. Finally, a new policy emphasis is proposed. (shrink)

The "great debate" in cognitive science today is about the nature of mental images. One side says images are basically pictures in the head. The other side says they are like the symbol structures in computers. If the picture-in-the-head theorists are right, then computers will never be able to think like people.This book contains the most intelligible and incisive articles in the debate, articles by cognitive psychologists, computer scientists and philosophers. The most exciting imagery phenomena are described, phenomena that indicate (...) that mental images can be rotated and scanned, that smaller images are harder to see than larger ones, that when mental images are made larger they eventually overflow, that the "screen" they overflow from has a determinable shape (elliptical), and that this "screen" subtends a determinate visual angle, the angle of vision of the mind's eye.Such experiments cry out for explanation. If images are pictures in the head, who (or what) looks at them? Why haven't brain scientists found them? Such questions are the subject of the great debate.IMAGERY is an excellent choice for courses in cognitive psychology, perception: artificial intelligence, computer science; philosophy of mind, of psychology and of science; minds and machines, science and society.Contributors include: Roger Brown and Richard Herrnstein (on the work of Roger N. Shepard), Daniel Dennett, Jerry Fodor, Robert Schwartz, Stephen Kosslyn, Steven Pinker, George Smith, Steven Shwartz, and Zenon Pylyshyn,. (shrink)