Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? (...) This article argues that such a role is important. Building on Gustav Radbruch's juristic thought, it asks how that role could be elaborated and how a professional responsibility for discharging it might be envisaged. Many professionals concerned with law adopt such a role incidentally or intermittently, but it needs more prominence and clear demarcation. The article suggests that it might be seen as the specialised role of the jurist, treated as a particular kind of legal professional. The term “jurist” would then have not just an honorific connotation. It would indicate a Weberian “pure” type that may approximate some current understandings of “juristic” practice; but it would also identify a normative ideal—something intrinsically valuable. Seen in this way, the jurist is one who assumes a certain unique responsibility for law. (shrink)
In this article, I focus on two moments of Nathaniel Kleitman's career, specifically that of his Mammoth Cave experiment in the 1930s and his consultation with the United States military in the 1940s–1950s. My interests in bringing these two moments of Kleitman's career together are to examine the role of nature and the social in his understanding of human sleep and the legacies these have engendered for sleep science and medicine in the present; more specifically, I am interested in (...) Kleitman's disallowance of napping in his scientific protocols, which may seem incidental until one apprehends the lack of napping as therapeutic treatment in modern sleep medicine. By forwarding a conception of historiography building on Raymond Williams’ “structures of feeling” and Gilles Deleuze and Felix Guattari's philosophy of immanence, I show how the work of William Dement in the 1970s to found a medicine of sleep and the eclipse of biphasic sleeping patterns as a biological and social possibility is indebted to Kleitman's scientific work. The modification of sleep is also the modification of society itself; and, as Kleitman argued, the harnessing of nature can lead to the finer entrenchments of human nature and society. (shrink)
Allen Carlson and Sheila Lintott (eds): Nature, Aesthetics, and Environmentalism: From Beauty to Duty Content Type Journal Article DOI 10.1007/s10806-010-9258-2 Authors Nathaniel Barrett, Institute for the Biocultural Study of Religion 1711 Massachusetts Ave NW #308 Washington DC 20036 USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
This paper suggests that late nineteenth-century definitions of self-mutilation, a new category of psychiatric symptomatology, were heavily influenced by the use of self-injury as a rhetorical device in the novel, for the literary text held a high status in Victorian psychology. In exploring Dimmesdale’s “self-mutilation” in The Scarlet Letter in conjunction with psychiatric case histories, the paper indicates a number of common techniques and themes in literary and psychiatric texts. As well as illuminating key elements of nineteenth-century conceptions of the (...) self, and the relation of mind and body through ideas of madness, this exploration also serves to highlight the social commentary implicit in many Victorian medical texts. Late nineteenth-century England, like mid-century New England, required the individual to help himself and, simultaneously, others; personal charity and individual philanthropy were encouraged, while state intervention was often presented as dubious. In both novel and psychiatric text, self-mutilation is thus presented as the ultimate act of selfish preoccupation, particularly in cases on the “borderlands” of insanity. (shrink)
The Art of Living Consciously Is an Operating Manual for Our Basic Tool of Survival In The Art of Living Consciously, Dr. Nathaniel Branden, our foremost authority on self-esteem, takes us into new territory, exploring the actions of our minds when they are operating as our life and well-being require -- and also when they are not. No other book illuminates so clearly what true mindfulness means: * In the workplace * In the arena of romantic love * In (...) child-rearing * In the pursuit of personal development Today we are exposed to an unprecedented amount of information and an unprecedented number of opinions about every conceivable aspect of life. We are thrown on our own resources as never before -- and we have nothing to protect us but the clarity of our thinking. In The Art of Living Consciously, Branden gives us the tools with which to draw out the best within us. (shrink)
Philosophical hermeneutics developed by the German philosopher Hans-Georg Gadamer and founded on interpretation as explicit form of comprehension generated a debate on contemporary hermeneutics about texts written at different periods of time from those in which they must then be applied. This debate is necessarily very instructive for the jurist when he interprets texts and creates positive law to produce a determined effect on recipients. Comprehension as participation in truth involves questioning and an interpretation devoid of prejudices. Illustration of (...) hermeneutics in law demonstrates that interpretation related to comprehension is strictly bound to the question of application bearing in mind that application does not only consist in concretizing comprehension, it constitutes his nucleus. It follows that hermeneutics oscillates between a theoretical and practical meaning. Regarding the concept of a presumption it is perceived as an instrumental necessity and a necessary corollary of interpretation in that it anticipates on the meaning found on the possibility. It is specified in a context of legal hermeneutics that it is necessary to distinguish the interpretation of the observer from the one of the player such the judge put in the performative position. (shrink)
This paper discusses sovereignty and examines in detail Hobbes’s debates with the two leading legal theorists of his day, Coke and Hale, both Lord Chief Justices of the King’s Bench. I argue that Hobbes came to change his mind somewhat about the desirability of divided sovereignty by the time, near the end of his life, that he wrote the Dialogue . But I also argue that Hobbes should have developed more than a very thin conception of the rule of law. (...) Hobbes should have been more open to the ideas that the jurists of his day were developing, especially the idea that the judiciary should have independent status. (shrink)
From the turn of the century, jurists have tended to associate lawyers with doctors as professionals and tried to ground this association in an analogy between law and medicine. Paradoxically, such comparisons suggest that American law and medicine are not analogous, while an analogy proposed by Plato illumines more fundamental respects in which law and medicine might be truly analogous.
Les projets leibniziens de remise en ordre du droit nous conduisent à nous interroger sur les sources de ce dernier. En effet, si la diversité des sources du droit peut être tenue en partie responsable de sa confusion, comment rendre compatibles entre elles ces différentes sources que sont le nomothète, la jurisprudence et les traités internationaux ? C'est là la question que se pose le juriste et à laquelle cet article se propose de répondre.
Some opponents of the incommensurability thesis, such as Davidson and Rorty, have argued that the very idea of incommensurability is incoherent and that the existence of alternative and incommensurable conceptual schemes is a conceptual impossibility. If true, this refutes Kuhnian relativism and Kantian scepticism in one fell swoop. For Kuhnian relativism depends on the possibility of alternative, humanly accessible conceptual schemes that are incommensurable with one another, and the Kantian notion of a realm of unknowable things-in-themselves gives rise to the (...) possibility of humanly inaccessible schemes that are incommensurable with even our best current or future science. In what follows we argue that the possibility of incommensurability of either the Kuhnian or the Kantian variety is inescapable and that this conclusion is forced upon us by a simple consideration of what is involved in acquiring a concept. It turns out that the threats from relativism and scepticism are real, and that anyone, including Davidson himself, who has ever defended an account of concept acquisition is committed to one or the other of these two possibilities.1. (shrink)
Donald Davidson used triangulation to do everything from explicate psychological and semantic externalism, to attack relativism and skepticism, to propose conditions necessary for thought and talk. At one point Davidson tried to bring order to these remarks by identifying three kinds of triangulation, each operative in a different situation. Here I take seriously Davidson’s talk of triangular situations and extend it. I start by describing Davidson’s situations. Next I establish the surprising result that considerations from one situation entail the possibility (...) that at any one time one language is partially untranslatable into another. Because the possibility is time-indexed, it need not conflict with Davidson’s own argument against the possibility of untranslatability. I derive the result, not to indict Davidson, but to propose a new kind of triangulation, the reconciliation of untranslatability, which I investigate. Insofar as triangulation is central to Davidson’s views, getting a handle on his various triangular situations is key to getting a handle on his contributions to philosophy. Insofar as those contributions have enriched our understanding of how language, thought, and reality interrelate, extending Davidson’s model promises to extend our understanding too. (shrink)
The recent publication of a third anthology of Donald Davidson’s articles, and anticipated publication of two more, encourages a consideration of themes binding together Davidson’s lifetime of research. One such theme is the principle of charity (PC). In light of the mileage Davidson gets out of PC, I propose a careful examination of PC itself. In Part 1, I consider some ways in which Davidson articulates PC. In Part 2, I show that the articulation that Davidson requires in his work (...) on epistemology is untenable given what Davidson says in his work on semanties. I conclude that Davidson can use PC only in his work on semantics or not at all.La parution récente du troisième recueil d’articles de Donald Davidson, lequel devrait être suivi de deux autres, incite à examiner les thèmes qui traversent tous ses travaux. Parmi ces thèmes se trouve le principe de charité (PC). Considérant tout le parti que Davidson a tiré du PC, je me propose d’en faire un examen attentif. Dans la première partie, j’examine diverses formulations du PC par Davidson. Dansla seconde partie, je montre que la formulation qu’exigent ses travaux d’épistémologie est intenable étant donné ce qu’ll en dit dans ses travaux de sémantique. De là, je conclus que Davidson ne peut se servir du PC que dans ses travaux de sémantique ou pas du tout. (shrink)
Using the Public Value Mapping framework, I address the values successes and failures of chemistry as compared to the emerging field of green chemistry, in which the promoters attempt to incorporate new and expanded values, such as health, safety, and environmental sustainability, to the processes of prioritizing and conducting chemistry research. I document how such values are becoming increasingly public. Moreover, analysis of the relations among the multiple values associated with green chemistry displays a greater internal coherence and logic than (...) for conventional chemistry. Although traditional chemistry research has successfully contributed to both economic and values gains, there have been public values failures due to imperfect values articulations, failure to take a longer-term view, and inertia within a system that places too much emphasis on science values. Green chemistry, if implemented effectively, has potential to remedy these failures. (shrink)
William Alston’s Theory of Appearing has attracted considerable attention in recent years, both for its elegant interpretation of direct realism in light of the presentational character of perceptual experience and for its central role in his defense of the justificatory force of Christian mystical experiences. There are different ways to account for presentational character, however, and in this article we argue that a superior interpretation of direct realism can be given by a theory of perception as dynamic engagement. The conditions (...) for dynamic engagement are such that there can be no absolute discontinuity between individual perceptual experiences and more public forms of inquiry, and this requirement has radical consequences for the prima facie justificatory force of religious experience. (shrink)
I imagine that many readers of AJTP will find it hard to get excited about a new collection of essays about consciousness from the process perspective, no matter how good it is purported to be, because they are bored with the so-called "problem of consciousness" and uninterested in playing the role of the choir for what looks like a lot of old-fashioned Whiteheadian preaching. But in fact this book was conceived with the intention to do much more than preach to (...) the choir: it aims to engage a wider audience and to make new contributions to the process perspective. That it succeeds so well in achieving these two aims, often within the same essay, is what makes this book so exceptionally good and deserving of the .. (shrink)
Oliver Wendell Holmes, Jr. (1841-1935) is, arguably, the most important American jurist of the 20th century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to (...) law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)
The main stream of legal theory tends to incorporate unwritten principles into the law. Weighing of principles plays a great role in legal argumentation, inter alia in statutory interpretation. A weighing and balancing of principles and other prima facie reasons is a jump. The inference is not conclusive.To deal with defeasibility and weighing, a jurist needs both the belief-revision logic and the nonmonotonic logic. The systems of nonmonotonic logic included in the present volume provide logical tools enabling one to (...) speak precisely about various kinds of rules about rules, dealing with such things as applicability of rules, what is assumed by rules, priority between rules and the burden of proof. Nonmonotonic logic is an example of an extension of the domain of logic. But the more far-reaching the extension is, the greater problems it meets. It seems impossible to make logical reconstruction of the totality of legal argumentation. (shrink)