This article seeks to clarify Joseph Raz’s contention that the task of the legal theorist is to explain the nature of law, rather than the concept of law. For Raz, to explain the nature of law is to explain the necessary properties that constitute it, those which if absent law would cease to be what it is. The first issue arises regarding his ambiguous usage of the expression “necessary property”. Concurrently Raz affirms that the legal theorist has the following tasks: (...) (a) explain the essential properties of that which the concept of law refers to, which exists independently from any concept of law; (b) explain the essential properties of law given our concept of law. After trying to dissolve the ambiguity of Raz’s argument, I conclude that based on his methodological commitments the only possible task for a legal philosopher would be conceptual analysis, understood as the task of explaining our concept of law. (shrink)
This article examines Robert Alexy's account of legal validity. It concludes that Alexy's account of legal validity lacks sufficient support given the author's methodological commitments. To reach that conclusion, it assesses the plausibility of simultaneously maintaining that the participant's perspective has conceptual privilege in the explanation of the nature of law, that legal discourse is a special case of general practical discourse, and that unjust considerations can be legally valid norms.
The aim of this paper is to present a discussion of the issue of subjectivity as an important factor for the affirmation of religious belief in both the work of Kierkegaard and Plantinga. Despite some conceptual differences, we conclude that both authors are not interested in proving God’s existence, but rather focus on experience as a central factor. In addition, for both authors, and the C hristian tradition in general, the subjectivity is fundamental to the affirmation of belief. In Kierkegaard (...) the concept is the affirmation of faith as absurd. In Plantinga’s assertion “basical belief” makes room for the relationship of experience and expands the debate about belief, reaffirming its critical position to the foundations of modernity. Thus, from some specific approaches, we seek to establish a dialogue that, despite essential differences between the two authors, above all the theme of the absurdity of faith and Kierkegaard’s emphasis on faith as something passionate, can point out to a fruitful debate. (shrink)
Industrial (“white”) biotechnology promises to contribute to a more sustainable future. Compared to current production processes, cases have been identified where industrial biotechnology can decrease the amount of energy and raw materials used to make products and also reduce the amount of emissions and waste produced during production. However, switching from products based on chemical production processes and fossil fuels towards “biobased” products is at present not necessarily economically viable. This is especially true for bulk products, for example ethanol production (...) from biomass. Therefore, scientists are also turning to genetic modification as a means to develop organisms that can produce at lower costs. These include not only micro-organisms, but also organisms used in agriculture for food and feed.The use of genetic modification for “deliberate release” purposes, in particular, has met great opposition in Europe. Many industrial biotechnology applications may, due to their scale, entail deliberate releases of GM organisms. Thus, the biobased economy brings back a familiar question; is it ethically justifiable, and acceptable to citizens, to expose the environment and society to the risks associated with GM, in order to protect that same environment and to sustain our affluent way of life? For a successful innovation towards a biobased economy, its proponents, especially producers, need to take into account (take responsibility for) such issues when developing new products and processes. These issues, and how scientists can interact with citizens about them in a timely way, are further explored in projects at Delft University and Leiden University, also in collaboration with Utrecht University. (shrink)
la82 12.00 Normal 0 21 false false false PT-BR X-NONE X-NONE MicrosoftInternetExplorer4 Um dos objetivos do presente artigo é analisar a temática da política e da secularizaçáo na obra do filósofo Kierkegaard (1813-1855). Duas obras do pensador dinamarquês seráo especialmente analisadas aqui: O Indivíduo e Exercício do cristianismo . O segundo objetivo, é promover o diálogo de suas teses, contrárias ao processo de secularizaçáo, com as teses de Gianni Vattimo (1936-), pensador italiano e entusiasta de um mundo secularizado. A despeito (...) de suas diferenças, a política e a secularizaçáo aparecem no pensamento dos dois autores. Ambos partem, na verdade, de análises muito próximas, isto é, do conceito paulino de kênósis . A partir dessa idéia, ambos constroem suas respectivas visões acerca da política e da secularizaçáo. Todavia, o foco principal deste artigo é analisar a filosofia de Kierkegaard. A filosofia de Vattimo será analisada apenas de forma secundária e em diálogo com as teses de Kierkegaard. (shrink)
Paula Modersohn-Becker, widely considered to have been one of the most important independent Expressionist painters of the early twentieth century, was thirty-one years old when she gave birth to her first child. Following the then-common practice of putting women to bed rest for two-four weeks after delivery, she died of massive pulmonary embolism when she was first allowed to stand, eighteen days after giving birth. Paula had foreseen her death at a young age and was apprehensive about her (...) pregnancy, yet she painted herself as pregnant in her best known self-portrait, thus underlining the importance of the pregnancy in her life. In the light of knowledge available at the time, the authors present a brief discussion of the life and death of Paula Modersohn-Becker as a reflection on the potential dangers of blindly following conventional wisdom in the medical profession. (shrink)
Na przykładzie koncepcji rozumowania abdukcyjnego, autorstwa Paula Thagarda, w artykule niniejszym omawia się sposób pojmowania abdukcji charakterystyczny dla eksplanacyjno-koherencyjnego modelu tego typu rozumowań, który w chwili obecnej oferuje najbardziej satysfakcjonujące połączenie psychologicznej adekwatności oraz efektywności obliczeniowej definiowanych w jego ramach procedur generowania i oceny hipotez abdukcyjnych.
The author characterize Paul Horwich's view on truth formulated in his deflationary theory of truth. She presents selected problems which arise when one analyze the elements of the theory in a more detailed way. She investigates the mentioned problems in order to show the importance of such categories like truth, acceptance, understanding, proposition and property for philosophy of language. The author concludes with a claim that philosophical acceptance (or antipathy) for minimalism in theory of truth is connected with some metaphysical (...) assumptions which are taken for granted in advance. (shrink)
In recent years feminist scholarship has increasingly focused on the importance of the body and its representations in virtually every social, cultural, and intellectual context. Many have argued that because women are more closely identified with their bodies, they have access to privileged and different kinds of knowledge than men. In this landmark new book, Paula Cooey offers a different perspective on the significance of the body in the context of religious life and practice. Building on the pathbreaking work (...) of Elaine Scarry in The Body in Pain, Cooey looks at a wide range of evidence, from the Argentine prison narrative of Alicia Partnoy, to the novels of Toni Morrison and the paintings of Frida Kahlo. Drawing on current social theory and critique, cognitive psychology, contemporary fiction and art, and women's accounts of religious experience, Cooey relates the reality of sentience to the social construction of reality. Beginning with an examination of the female body as a metaphor for alternative knowledge, she considers the significance of physical pain and pleasure to the religious imagination, and the relations between sentience, sensuality, and female subjectivity. Cooey succeeds in bringing forward a sophisticated new understanding of the religious importance of the body, at the same time laying the foundations of a feminist theory of religion. (shrink)
Learning Two Ways: Some Notes about the Author Paula Underwood was born in Los Angeles in 1932. From her father she learned many traditions, some of which ...
In this book, award-winning historian of religion Paula Fredriksen tells the surprising story of early Christian concepts of sin, exploring the ways that sin came to shape ideas about God no less than about humanity.
We distinguish, among other things, between the agent of the context, the speaker of the agent's utterance, the mechanism the agent uses to produce her utterance, and the tokening of the sentence uttered. Armed with these distinctions, we tackle the the ‘answer-machine’, ‘post-it note’ and other allegedly problematic cases, arguing that they can be handled without departing significantly from Kaplan's semantical framework for indexicals. In particular, we argue that these cases don't require adopting Stefano Predelli's intentionalism.
Presenting state-of-the-art work on the conscious and unconscious processes involved in emotion, this integrative volume brings together leading psychologists, ...
Two of the greatest challenges facing humanity are environmental degradation and the persistence of poverty. Both can be met by instituting a Global Resources Dividend (GRD) that would slow pollution and natural-resource depletion while collecting funds to avert poverty worldwide. Unlike Hillel Steiner's Global Fund, which is presented as a fully just regime governing the use of planetary resources, the GRD is meant as merely a modest but widely acceptable and therefore realistic step toward justice. Paula Casal has set (...) forth various ways in which this step might be improved upon. Solid counter-arguments can be given to her criticisms and suggestions. But to specify the best (effective and realizable) design of an appropriate global institutional mechanism with some confidence, economists, political scientists, jurists, environmental scientists, and activists would need to be drawn in to help think through the immense empirical and political complexities posed by this urgent task. (shrink)
Are there limits on how human beings can legitimately treat non-human animals? Or can we treat them just any way we please? If there are limits, what are they? Are they sufficiently strong, as some people supp ose, to lead us to be vegetarians and to seriously curtail, if not eliminate, our use of non-human animals in `scientific' experiments designed to benefit us? To fully appreciate this question let me contrast it with two different ones: Are there limits on how (...) we can legitimately treat rocks? And: are there limits on how we can legitima tely treat other human beings? The an swer to th e first ques tion is pre suma bly `No.' Well, that's not q uite right. There are som e limits on what w e can le gitimate ly do with or to rocks. If Paula has a pet rock, then Susan can't justifiably take it away or smash it with a sledge hammer. After all it is Paula's rock. (shrink)
CHAPTER On sensory consciousness Consciousness, like love, is something so intimate and vital to our sense of ourselves as human, that explanation, ...
The purpose of this paper is to present the theoretical and philosophical assumptions of the Nursing Manifesto , written by three activist scholars whose objective was to promote emancipatory nursing research, practice, and education within the dialogue and praxis of social justice. Inspired by discussions with a number of nurse philosophers at the 2008 Knowledge Conference in Boston, two of the original Manifesto authors and two colleagues discussed the need to explicate emancipatory knowing as it emerged from the Manifesto . (...) Our analysis yielded an epistemological framework based on liberation principles to advance praxis in the discipline of nursing. This paper adds to what is already known on this topic, as there is not an explicit contribution to the literature of this specific Manifesto , its significance, and utility for the discipline. While each of us have written on emancipatory knowing and social justice in a variety of works, it is in this article that we identify, as a unit of knowledge production and as a direction towards praxis, a set of critical values that arose from the emancipatory conscience-ness and intention seen in the framework of the Nursing Manifesto. (shrink)
Thomas Pogge's Global Resources Dividend relies on a flat tax on the use of natural resources to fund the eradication of world poverty. Hillel Steiner's Global Fund taxes the full rental value of owned natural resources and distributes the proceeds equally. The paper compares the Dividend and the Fund and defends the Global Share, a novel proposal that taxes either use or ownership, does so (when possible) progressively, and distributes the revenue according to a prioritarian rather than a sufficientarian or (...) egalitarian principle. (shrink)
Understanding the interplay between memory and emotion is crucial for the work of researchers in many arenas--clinicians, psychologists interested in eyewitness ...
Sites of embodied disruption challenge academics to engage with power at its seams. In this article I consider an ethics of embodiment, situating it within questions raised by Judith Butler in her articles, “Doing Justice to Someone” (Butler 2001a) and “Giving an Account of Oneself” (Butler 2001b). In “Giving an Account,” Butler claims that gaps in knowledge and representation are germane to ethical practice, that brave inadequacies and creative approximations are the best we can do for others and ourselves. In (...) “Doing Justice,” Butler enacts this stance, recounting the story of David Reimer, a child who in 1965 was offered up to science after his penis was severed in a botched circumcision. She seizes upon, through narrative fragments, a body whose sexual indeterminacy became the site and occasion for particularly brutal regimes of interpretation. Butler situates this patchwork narrative within the academic industry that reappropriates David's story for its own purposes. Taking Butler's ideas to heart, I carefully trace the nuances of her argument and highlight the (necessary) silences and foreclosures of her account. I propose “seamfulness” as a possible ethical-aesthetic strategy for embodying Butler's ethical concerns. I close by briefly introducing some implications for arts-informed representations in academic work. (shrink)
Heart disease is a complex condition that is a leading cause of death worldwide. It is often seen as a disease of affluence, yet is strongly associated with a gradient in socio-economic status. Its highly complex causality means that many different facets of social and economic life are implicated in its aetiology, including factors such as workplace hierarchy and agricultural policy, together with other well-known factors such as what passes for individual 'lifestyle'. The very untangling of causes for heart disease (...) thus inevitably raises social, moral and political issues. These include the proper role of the individual and of larger social forces in its aetiology, prevention and treatment. The construction of risk factors for heart disease likewise is enmeshed with questions of distributive justice in the responsible targeting of those at risk for heart disease, a debate which has received much overt attention in the medical literature, but less attention within the ethical literature. Strategies for addressing a condition of such complex causality can be highly diverse, from pharmaceutical to social interventions, and value issues attach to the choice and presentation of such strategies. For example, prevention strategies may raise complex issues of responsibility and of judgements of what it is to 'live well'. Further ethical debate on this highly political disease would be welcome. (shrink)
In recent times, there have been different attempts to make an interesting use of the concept of script (as inherited from the fields of psychology and cognitive sciences) within argumentation theory. Although, in many cases, what we find under this label are computerized routines mainly used in e-learning collaborative proceses involving argumentation, either as an educational means or an educational goal, there are also other studies in which the concept of script plays a more theoretical role as the kind of (...) commonly human cognitive structure that could account for the way in which argumentation might develop in ordinary language and ordinary settings. We aim at exploring these latter possibilities, differentiating between the global ascription of the script concept to argumentation practices as procedural and regulated actions from the somewhat more suggestive association between socially shared scripts (expected narratives, plausible sequences, customary experiences, etc.) and the way some enthymemes work from an interactive, rhetorical perspective. The concept of script could help us understand some more procedural than propositional aspects of the cognitive sets shared by arguer and audience and account for the communicative success of apparently defective argumentation. (shrink)
The publication of the Fraser Institute's Discrimination, Affirmative Action, and Equal Opportunity offers an occasion to review some of the practical and philosophical issues raised by affirmative action policy. Canadian affirmative action programs derive from the American context, which is here reviewed, but do not have the legal recourse available in the American system. Perhaps as a consequence, most Canadian programs have been carried out by governments acting in their role as employers. The Canadian Union of Public Employees has been (...) especially active in developing union perspectives on affirmative action programs, which do raise special concerns for organized labour. Affirmative action raises several basic questions: the importance of proportionality, merit, compensation and role models in determining who is entitled to opportunities in our society. Differences between the Fraser Institute's attitude about affirmative action and attitudes of other social groups, such as the labour movement, lie in their very different assumptions about what constitutes a free society. (shrink)
In this article, we explore ethical perceptions of three product packaging issues as viewed by packaging professionals, brand managers, and ethically-interested consumers. We examine, differences between business practitioners and consumers with respect to ethical sensitivity, perceived consequences of business practices, and perceived industry norms. Additionally, we explore the prevalence of two types of values, pragmatic and moral, to determine if the use of these value-types differs among the three groups. We find that business practitioners exhibit less ethical sensitivity. Businesspeople also (...) feel that the likelihood and severity of negative consequences resulting from a packaging practice is lower than do ethically-interested consumers. Finally, business practitioners do not differ from consumers with respect to moral values. (shrink)
This paper provides a description of the role of the clinical ethicist as it is generally experienced in Canada. It examines the activities of Canadian ethicists working in healthcare institutions and the way in which their work incorporates more than ethics case consultation. The Canadian Bioethics Society established a “Taskforce on Working Conditions for Bioethics” (hereafter referred to as the Taskforce), to make recommendations on a number of issues affecting ethicists and to develop a model role description. This essay carefully (...) assesses this model role description. (shrink)
: Can work be done for pay, and still be loving? While many feminists believe that marketization inevitably leads to a degradation of social connections, we suggest that markets are themselves forms of social organization, and that even relationships of unequal power can sometimes include mutual respect. We call for increased attention to specific causes of suffering, such as greed, poverty, and subordination. We conclude with a summary of contributions to this Special Issue.
The tradeoff hypothesis in the speech–gesture relationship claims that (a) when gesturing gets harder, speakers will rely relatively more on speech, and (b) when speaking gets harder, speakers will rely relatively more on gestures. We tested the second part of this hypothesis in an experimental collaborative referring paradigm where pairs of participants (directors and matchers) identified targets to each other from an array visible to both of them. We manipulated two factors known to affect the difficulty of speaking to assess (...) their effects on the gesture rate per 100 words. The first factor, codability, is the ease with which targets can be described. The second factor, repetition, is whether the targets are old or new (having been already described once or twice). We also manipulated a third factor, mutual visibility, because it is known to affect the rate and type of gesture produced. None of the manipulations systematically affected the gesture rate. Our data are thus mostly inconsistent with the tradeoff hypothesis. However, the gesture rate was sensitive to concurrent features of referring expressions, suggesting that gesture parallels aspects of speech. We argue that the redundancy between speech and gesture is communicatively motivated. (shrink)
Ksiazka Roberta Paula Wolfa Apologia anarchizmu, ktora ukazala sie w roku 1970, stala sie niezwyklym wydarzeniem w rozwoju dwudziestowiecznej filozofii zachodniej: oto bowiem szacowny filozof, reprezentujacy (mniej wiecej) glowny nurt swej dziedziny, przedstawial argumenty zyczliwe wobec anarchizmu.
Genetic and other biotechnologies are starting to impact significantly upon society and individuals within it. Rose and Novas draw on an analysis of many patient groups to sketch out the broad notion of biocitizenship as a device for describing how the empowered and informed individual, group or network can engage with bioscience. In this paper, we examine critically the notion of biocitizenship, drawing on both sociological fieldwork that grounds the debate in the views of a large and varied group of (...) concerned actors. Using work within green politics, we identify shortcomings in the concept of biocitizenship as it has so far been explicated. The value assumptions lying behind an account of biocitizenship, and its tendency to see issues through a reductive lens, are examined. Alternative views of values and goals, which may undermine any alleged rights and duties, are explored using interviews and other ethnographic data that illustrates the complexity of the terrain. The reductive lens of biocitizenship is explored through contrast with the wider scope of concerns emanating from various sources, including many within green politics. If such complexities are not recognised, there is a danger that a concept of biocitizenship may serve to create and amplify inequalities. Problems with identity issues are key: the construction of identity is complex and many groups are explicitly rejecting the ‘biological’ label. We discuss the multiple relations of citizens with the biotech and pharmaceutical industries. Arguably, existing inequalities in power relationships, exploitation, commodification and ownership patterns are being perpetuated in novel ways through the new biosciences. We pose the question of whether it is possible to construct a concept of biocitizenship that overcomes these problems. (shrink)
The construction of difference is central to racism, sexism and other forms of oppression. This paper examines the similar and dissimilar ways in which race and gender have been constructed in the United States and analyzes the consequences of these differences in construction for the development of social policy and the growth and nature of movements for social change.
