The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s Second (...) Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers. Moreover, it will seek to establish its executive nature and to explain why it is so often (at least presently) misunderstood to be akin to the legislative power. (shrink)

The essential nature of legislative power is to make the laws; that of executive power is to execute those law. The difference between the two is both substantial and significant; it is the difference between the rule of arbitrary power and the rule of law. This paper will seek to trace the genesis of an independent judicial power, in both theory and practice, through an examination of sections of The Constitutions of Clarendon, The Assize of Clarendon, Hobbes’ Leviathan, Locke’s Second (...) Treatise, Montesquieu’s Spirit of the Laws, as well as The Federalist Papers. Moreover, it will seek to establish its executive nature and to explain why it is so often misunderstood to be akin to the legislative power. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Versuch über die TranszendentalphilosophieYitzhak Y. MelamedSalomon Maimon. Versuch über die Transzendentalphilosophie. Edited by Florian Ehrensperger. Hamburg: Meiner, 2004. Pp. lii + 324. € 19,80."I had now resolved to study Kant's Critique of Pure Reason, of which I had often heard but which I had never seen. The method, in which I studied this work, was quite peculiar. On the first perusal I obtained a vague idea of each (...) section. This I endeavored afterwards to make distinct by my own reflection, and thus to penetrate into the author's meaning. Such is properly the process which is called thinking oneself into a system [sich in ein System hineindenken]. But as I had already mastered in this way the systems of Spinoza, Hume and Leibniz, I was naturally led to think of a coalition-system [Koalitionssystem]. This in fact I found, and put it gradually in writing in the form of explanatory observations on the Critique of Pure Reason, just as this system unfolded itself to my mind. Such was the origin of my Transcendental Philosophy." The peculiar method of "thinking oneself into a system" might remind the reader of the works of the great French historian of philosophy, Martial Gueroult. However, these lines are taken from the autobiography of Salomon Maimon (1753–1800), one of the most brilliant as well as eccentric figures of modern philosophy (Solomon Maimon – An Autobiography, trans. J. Clark Murray (Urbana, 2001 [1792–93]), 279–80). The reader who still wonders about the similarity between Gueroult's and Maimon's methods is invited to consult the former's mostly neglected dissertation (1929).Maimon's life story is as fascinating as it is hard to believe. Having grown up in traditional Jewish surroundings in Lithuania, Maimon developed a deep interest in medieval Jewish philosophy in his early teens. Presumably, the uncompromising and iconoclastic spirit of this corpus struck a deep chord in his psyche and launched a life-long obsessive search after the truth. Upon hearing about the supposed appearance of "Lady Truth" in the emerging Hassidic movement, Maimon rushed to the house of the leader of the movement, but was disappointed to find out that the Lady had just left the place (or at least so the rumor said). Then, came the idea that perhaps Berlin, the city of the Aufklärer, was the new place of residence of the Lady (alas, had he only known...), and in 1777 Maimon packed a small bag of food and some manuscripts, said goodbye to his wife and young children and departed for Berlin. Then, began an odyssey of ten or twelve years in which he succeeded, among other things, in being kicked out from the shelter of Jewish community in Berlin due to his suspected heresy, learning and pursuing the delicate art of beggary, returning to Berlin and becoming a protégé of Mendelssohn, getting into a quarrel with Mendelssohn (on account of Maimon's unhidden Spinozism, and his frequent visits to certain not-so-respected houses), leaving Berlin to go to Amsterdam (for it was said that Lady T. was fond of a certain local Benedict), being stoned in the open street by the children of the Jewish community in Amsterdam, attending a Gymnasium at Altona at the age of thirty, and finally landing back in Berlin shortly after Mendelssohn's death. Then, the Lady was glimpsed again between the lines of Kant's Critique of Pure Reason. Well, the story just begins, and the reader should consult other books—such as the aforementioned Autobiography—if she wishes to find out the end of this obsessive affair.Published in 1790, Maimon's Essay on Transcendental Philosophy was originally conceived as a commentary on Kant's first critique. The main part of the book consists of ten chapters [End Page 366] in which Maimon presents his criticism of Kant, and suggests several crucial improvements of Kant's system. To this Maimon added a (rather lengthy) "Brief Survey of the Book," a commentary on Baumgarten's Metaphysica (entitled: "My Ontology"), and an appendix "On Symbolic Cognition and Philosophical Language." Presumably, Maimon circulated the book's manuscript and in response to criticisms he added another section... (shrink)

Subjects enrolled in studies testing high risk interventions for incurable or progressive brain diseases may be vulnerable to deficiencies in informed consent, such as the therapeutic misconception. However, the definition and measurement of the therapeutic misconception is a subject of continuing debate. Our qualitative pilot study of persons enrolled in a phase I trial of gene transfer for Parkinson disease suggests potential avenues for both measuring and preventing the therapeutic misconception. Building on earlier literature on the topic, we developed and (...) tested an interview guide that focuses on how the subjects decided to participate, emphasizing the integration of subjects’ various statements that are relevant to assessing the therapeutic misconception, rather than evaluating them as isolated statements. The results indicate that a subject’s understanding of the purpose of research is best explored in juxtaposition to the subject’s motivation for participating. (shrink)

Although it is commonly believed that the concept of brain death was developed to benefit organ transplants, it evolved independently. Transplantation owed its development to advances in surgery and immunosuppressive treatment; BD owed its origin to the development of intensive care. The first autotransplant was achieved in the early 1900s, when studies of increased intracranial pressure causing respiratory arrest with preserved heartbeat were reported. Between 1902 and 1950, the BD concept was supported by the discovery of EEG, Crile’s definition of (...) death, the use of EEG to demonstrate abolition of brain potentials after ischaemia, and Crafoord’s statement that death was due to cessation of blood flow. Transplantation saw the first xenotransplant in humans and the first unsuccessful kidney transplant from a cadaver. In the 1950s, circulatory arrest in coma was identified by angiography, and the death of the nervous system and coma dépassé were described. Murray performed the first successful kidney transplant. In the 1960s, the BD concept and organ transplants were instantly linked when the first kidney transplant using a brain-dead donor was performed; Schwab proposed to use EEG in BD; the Harvard Committee report and the Sydney Declaration appeared; the first successful kidney, lung and pancreas transplants using cadaveric donors were achieved; Barnard performed the first human heart transplant. This historical review demonstrates that the BD concept and organ transplantation arose separately and advanced in parallel, and only began to progress together in the late 1960s. Therefore, the BD concept did not evolve to benefit transplantation. (shrink)

Machine generated contents note: Cajal and Consciousness: Introduction. By PEDRO C. MARIJUAN1 -- Part I. Consciousness, One Hundred Years after Textura -- Progress in the Neural Sciences in the Century after Cajal (and the Mysteries -- That Remain). By THOMAS D. ALBRIGHT, THOMAS M. JESSELL, -- ERIC R. KANDEL, AND MICHAEL I. POSNER11 -- Part II. Biological Complexity and the Emergence of Consciousness -- Consciousness, Reduction, and Emergence: Some Remarks. -- By MURRAY GELL-MANN41 -- The Epistemic Paradox of Mind (...) and Matter. By HAROLD J. MOROWITZ50 -- The Conscious Cell. BY LYNN MARGULIS55 -- Complexity and Tinkering. By FRANCOIS JACOB71 -- Consciousness, the Brain, and Spacetime Geometry. By STUART HAMEROFF. 74 -- Consciousness, the Brain, and Spacetime Geometry: An Addendum-Some -- New Developments on the Orch OR Model for Consciousness. -- By ROGER PENROSE105 -- Part III. From Primary to Higher-level Consciousness -- Consciousness: The Remembered Present. By GERALD EDELMAN111 -- Consciousness and the Binding Problem. By WOLF SINGER123 -- Cajal on Neurons, Molecules, and Consciousness. By JEAN-PIERRE CHANGEUX 147 -- A Neuronal Model of a Global Workspace in Effortful Cognitive Tasks. By -- STANISLAS DEHAENE, MICHEL KERSZBERG, AND JEAN-PIERRE -- CHANGEUX152 -- Consciousness and the Brain: The Thalamocortical Dialogue in Health and -- Disease. By RODOLFO LLINAS AND URS RIBARY166 -- The Neuroanatomy of Phenomenal Vision: A Psychological Perspective. -- ByPETRA STOERIG176 -- Co-evolution of Human Consciousness and Language. By MICHAEL A. ARBIB 195 -- From Computing with Numbers to Computing with Words-From -- Manipulation of Measurements to Manipulations of Perceptions. -- By LOTFI A. ZADEH221 -- Part IV. Closing Remarks -- Who Was Cajal? By ALBERTO PORTERA-SANCHEZ253 -- Index of Contributors259 -- Subject Index261. (shrink)

Background: Financial conflict of interest in clinical research is an area of active debate. While data exist on the perspectives and roles of academic institutions, investigators, industry sponsors, and scientific journals, little is known about the perspectives of potential research participants.Methods: The authors surveyed potential research participants over the internet, using the Harris Interactive Chronic Illness Database. A potential research participant was defined by: self report of diagnosis by a health care professional and willingness to participate in clinical trials. Email (...) invitations were sent to 20 205 persons with coronary artery disease, breast cancer, or depression; a total of 6363 persons were screened; of these, 86% or 5478 met inclusion criteria and completed the survey. The outcome measures were respondents’ ratings on: importance of knowing conflict of interest information, whether its disclosure ought to be required, and its effect on willingness to participate—across seven widely discussed scenarios of financial conflicts of interest .Results: Majority responded that knowing conflict of interest information was “extremely” or “very” important; a larger majority felt financial conflicts of interest should be disclosed as part of informed consent . In all seven scenarios, a majority was still willing to participate but in some scenarios a sizable minority would be wary of participation. Respondents were more wary of individual than institutional conflicts of interest. Illness group and sociodemographic factors had modest effects and did not affect the main trends.Conclusions: The prevailing practice of non-disclosure of financial conflicts of interest in clinical research appears contrary to the values of potential research participants. (shrink)

Det er eit uttalt mål å gjøre grunnskulelærarutdanninga forskingsbasert. I det dominerande tankemønsteret i grunnskulelærarutdanninga er det konstruert ei motsetning mellom vitskapleg kunnskap og erfaringskunnskap. Vitskapleg kunnskap vert skildra som noko positivt, medan erfaringskunnskap får ei negativ omtale. Dette filosofiske essayet vil framskrive ei re-oppfatning av denne dikotomien. Målet med arbeidet er å redusere dikotomien mellom desse to kunnskapsformene og vise ei forståing som er meir jambyrdig, og som samlande kan bli kalla for lærarens levande kunnskap. Teorien om levande kunnskap (...) tar utgangpunkt i mennesket si heilskapande erkjenningsevne. Mennesket sin kognitive kapasitet inneheld både rasjonelle, etiske, emosjonelle og motoriske erkjenningar. Eit avgjørande aspekt med den levande kunnskapen er lærarens etiske- emosjonelle kunnskap og sensibilitet i tillegg til den logisk rasjonelle evna. (shrink)

This essay is an attempt to participate in a discussion about metaphysics today. I claim that metaphysic now seems silenced or taken for granted. Machiavelli’s idea of fortuna or fate represents question and perception that cannot be recognized empirically. My aim is to place Machiavelli into an ongoing discussion about the distinction between nature and culture and perception of reality as organic or harmonic. As part of this, I will discuss fortuna’s place in modern research based teacher education, which places (...) our fate in the hand of science, the institutionalization of learning and the lack of virtue. In conclusion, I wish to express some critical remarks on this development, not taking into account the metaphysical speculation. (shrink)

The main object of this article is to contribute to a clearer use of the concept reflection. The question is whether reflection has become an overexposed and diluted medicine in educational thinking. To answer this question I will examine how reflection is understood and what direction and theoretical foundation the concept is based on. The article is a Habermas inspired interpretation of basic textbooks for teacher education. In the textbooks, reflection is presented as a good medicine for the professional teacher (...) and a continuous reflection will improve the professional practice by developing consciousness in action. In the conclusion I will present some recommendations on how to improve the understanding and use of reflection. My main goal is to provide reflection with a theoretical content and a clearer direction. Reflection is a knowledge searching, which is not based on experience and facts, but which is closely tied to philosophical thinking, critical theory and the ability to develop an overview. (shrink)

The purpose of this paper is to reflect on how the Corona pandemic might influence human understanding of our position of being in the world. In the first part of the paper, we present how a pandemic can be under- stood in relation to our society and our educational system. Then, we will present problems and questions highlighted by the pandemic and the kind of transformations needed to address these problems. The core ele- ments that require transformation are the understanding (...) of the essence of man or the human condition, the understanding of what caring for nature and even a pandemic means, and how to measure human action and values. (shrink)

This paper offers an alternative view of spacetime different from both substantivalism and relationism. Using basic ideas underlying the fiber bundle formulation of field theories, it illustrates the function of spacetime in individuating local fields. As the system of numerical identities for entities that we can individually refer to, spacetime is an intrinsic, indispensable, and inalienable structure of the physical world with distinct entities.

I identify three functions of language: the communicative, the objectifying, and the objective. I claim that of these three functions, the objective function is the most essential, in the sense specified in the paper, and the communicative the least. I further indicate that language use without the communicative function is more prevalent than might commonly be believed.