The confirmation process and the virtues of duplicity -- How to be aggressive and passive ... and great -- Recusal and the vices of impartiality -- The use and misuse of the politics of personality -- Fortuna : the role of chance in choosing cases -- When and why to avoid a case -- Carpe diem : when to embrace a case -- Tactical tools : using procedure to one's advantage -- Oral arguments : what to say and how -- (...) When to lose a case and win a cause -- In defense of unprincipled decision making -- How to manipulate the rule of law -- When precedents are to be honored (if only formally) -- When to take command and make demands -- The boldest moves : when and how to make them -- On writing : when style should trump substance -- When it is wise to write a separate opinion -- Law clerks : when and how to use them -- How to play to the media -- Cameras in the courtroom : seizing the future -- On television : the medium is not the message -- On publishing books : when and of what kind -- The threat of impeachment and how best to avoid it -- When it is best to retire -- Directing history : a justice's working papers and what to do with them -- How to best secure an enduring legacy. (shrink)

This book is a readers' companion to Simone Weil's The Need for Roots. It includes comprehensive and illuminating essays from recognized Weil scholars from the United States, Canada, England, France, and Germany, addressing the most pressing historical and contemporary aspects of Weil's thought and striking proposals. These include her substituting obligations for rights as the moral basis of society, her critique of our uprootedness and her proposals for rootedness, her critique of our dangerous understanding of greatness, the importance of work (...) for society, and her critique of modern science. This companion reader relies on the latest and most reliable work on the history of the Weil manuscript as provided by French scholars. It is unique in its thorough examination of the book's issues, which center around a spiritual renewal, first of France, but more broadly of western democracies. It includes a comprehensive introduction to the issues important to understanding The Need for Roots. Also included in the appendices are a new translation of Weil's preliminary study of obligations that was meant as an introduction to her work (but always published separately) as well as a translation of an address by Free French leader Andre Philippe-an address that helped set the moral issues that Weil would come to address. The book is both a scholarly contribution to understanding Weil's book and a striking set of conversations about many of the most pressing contemporary issues surrounding the possibilities of a spiritual and moral renewal of Western norms. The ultimate point of this companion is to stress the importance of Weil's The Need for Roots. In a time of clashing ideologies, politics of identity, and a desire, somehow in all that, to find a path to community and a way of respecting all human beings, The Need for Roots is now, more than ever, a timely book and one that needs careful examination and reflection. (shrink)

In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.

In the last few years, there has been a notable surge of interest in the themes of civil religion and the battle against “priestcraft” among historians of political thought. Examples include Eric Nelson’s The Hebrew Republic; Paul Rahe’s Against Throne and Altar; Jeffrey Collins’s The Allegiance of Thomas Hobbes; Jonathan Israel’s work on the legacy of Spinoza; Justin Champion’s work on John Toland; and my own book, Civil Religion. Within the intellectual space created by this recent scholarship, this article (...) focuses on relevant themes in the work of the one of the two thinkers who J.G.A. Pocock identified as most responsible for the “implantation of the values of civic humanism in English political thought” – namely, James Harrington (the other being the 3rd Earl of Shaftesbury). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Inside the BeltwayNHGRI’s Intramural Ethics ExperimentRonald M. Green (bio)Early in 1995, the National Human Genome Research Institute (then known as the National Center for Human Genome Research) began a novel experiment. It established the Office of Genome Ethics in its Division of Intramural Research (DIR). An extramural “ELSI” funding program for research on the ethical, legal, and social implications of the Human Genome Project had been in existence (...) since 1990, and a joint Department of Energy, NIH Working Group to consider larger policy issues raised by the genome project had also been in existence since that date. But the establishment of the Office of Genome Ethics was the first effort to provide an in-house ethics service for the several hundred NHGRI genetic researchers working on the NIH campus.The experiment was also novel by NIH standards. The Clinical Center, which serves all NIH research institutes as a patient-care facility, has long had a bioethics program, but, to my knowledge, none of the 23 other institutes, centers, or divisions of the NIH had ever developed an ethics program to assist its on-campus researchers in identifying and addressing the ethical issues arising from their research. Behind this initiative lay the commitment to ethics in genetic research shared by Francis Collins, Director of NHGRI, Jeff Trent, Scientific Director of the Division of Intramural Research, and other senior scientists and administrators of the Institute.I was fortunate to be asked to serve as Director of this office. My previous experience in the federal context was limited. I had served on many NIH study sections and for a nine-month period had been a member of the Human Embryo Research Panel, but none of this amounted to an “insider’s view” of government bioethics. The preponderance of my bioethics career had transpired in the university and medical school/medical center environment.Because I had to continue to fulfill many Dartmouth commitments, I agreed to serve on an interim and half-time basis (one week in Bethesda; one week at home) for an 18-month period. I was assisted in maintaining this schedule by the appointment of a deputy, Mathew Thomas, a recent bioethics graduate of Duke University, who would serve on a full-time basis and provide continuity for our [End Page 181] work. Our objectives, established in consultation with NHGRI personnel, were to learn which functions would be most useful, to set up a program to provide them, and, eventually, to aid in the process of determining how an office like this might fit into NHGRI’s future.As this 18-month stint draws to a close, I can report that it has been an exhilarating experience. I am grateful for the opportunity to have worked with outstanding scientists in an area of growing importance and interest. I believe we have pioneered in the provision of bioethics education and counsel to a diverse group of genetic researchers. We have helped to “open the doors and windows” of the Genome Institute, facilitating two-way communication between NHGRI researchers and others interested in genetic and ethics. We have assisted with some knotty problems in genetic research while building a base of knowledge about highly specialized issues that is useful to researchers inside and outside NHGRI. What follows is an abbreviated overview and evaluation of our activities during this period.Main ActivitiesWorking with a core of interested supporters from every branch of the DIR, our office quickly established a roster of activities aimed at meeting identified needs. These included: (1) a consult service able to help investigators address urgent problems arising in their research or in the IRB review process; (2) a program of workshops and discussion groups dealing with challenging ethical issues raised by genetic research; (3) a program of public seminars bringing together NHGRI researchers and other clinicians, scientists, and scholars in the greater Washington area who are interested in genetic ethics; (4) a course on science research ethics to be offered to all NHGRI personnel; and (5) an ongoing program of research activities in genetics and ethics designed to provide depth and substance to the office’s work.ConsultationsIn an institute with scores of... (shrink)

We use recent developments within philosophy of science and within certain strands of linguistic research to throw light on each other. According to Ronald Giere's perspectivist philosophy of science, the scientific understanding of reality must proceed along different, mutually irreducible lines of approach. Giere's proposal, however, leaves unresolved the problem of how to integrate the ever‐growing multitude of highly diverse scientific accounts of what is, after all, one and the same world. We propose a technique for the alignment of (...) different perspectives that will permit cross‐perspectival explanation, and thus allow for a more holistic picture of reality to emerge. With respect to modern linguistics, however, Giere's perspectivism merely legalises a de facto state of affairs, as this discipline displays the peaceful coexistence of a multitude of different theoretical perspectives. Still, this makes it all the more important to show how the different aspects of language picked out by these different perspectives combine to form one single complex reality. During our investigation, a largely overlooked type of reduction within linguistics comes to light, prevalent in classical as well as current work within speech act theory and politeness theory. We suggest how a more holistic understanding of language can be attained through our technique for integrating different perspectives. (shrink)

In “A Tension in the Strong Program: The Relation between the Rational and the Social”, Shahram Shahryari (2021) advances the following thesis: In his Strong Program in the sociology of science, David Bloor blames traditional philosophy of science for adopting a dualist strategy in explaining scientific developments, as it employs rational explanation for successful science and social explanation for flawed science. Instead, according to Bloor, all scientific developments should be explained monistically, i.e. in terms of social causes. This is also (...) referred to as the Symmetry Principle, and it is a key tenet in the Strong Program. The author detects a tension here, as Bloor apparently asserts that traditional philosophy of science deploys two kinds of explanation, and simultaneously insists that there is only one kind, i.e. social explanation. (shrink)

A prominent approach to scientific explanation and modeling claims that for a model to provide an explanation it must accurately represent at least some of the actual causes in the event's causal history. In this paper, I argue that many optimality explanations present a serious challenge to this causal approach. I contend that many optimality models provide highly idealized equilibrium explanations that do not accurately represent the causes of their target system. Furthermore, in many contexts, it is in virtue of (...) their independence of causes that optimality models are able to provide a better explanation than competing causal models. Consequently, our account of explanation and modeling must expand beyond the causal approach. (shrink)

All these specialist aspects of one life are different facets of the intellectual diamond which scintillates in the huge quarry of The Bertrand Russell Archives at McMaster University, Hamilton, Ontario. This is the quintessential man, the bundle of contradictions passionately dedicated to intellect, at times carrying the rational argument to irrational extremes; the natural-born emotional adventurer forever hampered by orphaned youth and too-early marriage. This Russell in the round is greater than the sum of his constituent parts, a man of (...) epic proportions, struggling through a lifetime beset with frustration and near-disaster; in youth the constitutional sceptic, in old age the sometimes splendid figure with "courage never to submit or yield.". (shrink)

In this paper, I first argue against various attempts to justify idealizations in scientific models that explain by showing that they are harmless and isolable distortions of irrelevant features. In response, I propose a view in which idealized models are characterized as providing holistically distorted representations of their target system. I then suggest an alternative way that idealized modeling can be justified by appealing to universality.

Reasoning About Knowledge is the first book to provide a general discussion of approaches to reasoning about knowledge and its applications to distributed ...

Brain dead organ donors are the principal source of transplantable organs. However, it is controversial whether brain death is the same as biological death. Therefore, it is unclear whether organ removal in brain death is consistent with the ‘dead donor rule’, which states that organ removal must not cause death. Our aim was to evaluate the public9s opinion about organ removal if explicitly described as causing the death of a donor in irreversible apneic coma. We conducted a cross-sectional internet survey (...) of the American public (n=1096). Questionnaire domains included opinions about a hypothetical scenario of organ removal described as causing the death of a patient in irreversible coma, and items measuring willingness to donate organs after death. Some 71% of the sample agreed that it should be legal for patients to donate organs in the scenario described and 67% agreed that they would want to donate organs in a similar situation. Of the 85% of the sample who agreed that they were willing to donate organs after death, 76% agreed that they would donate in the scenario of irreversible coma with organ removal causing death. There appears to be public support for organ donation in a scenario explicitly described as violating the dead donor rule. Further, most but not all people who would agree to donate when organ removal is described as occurring after death would also agree to donate when organ removal is described as causing death in irreversible coma. (shrink)

Some patients who have been diagnosed as “dead by neurologic criteria” continue to exhibit certain brain functions, most commonly, neuroendocrine functions. This preservation of neurologic function after the diagnosis of “brain death” or “brainstem death” is an ongoing source of controversy and concern in the medical, bioethics, and legal literatures. Most obviously, if some brain function persists, then it is not the case that all functions of the entire brain have ceased and hence, declaring such a patient to be “dead” (...) would be a false positive, in any nation with so-called “whole brain death” laws. Furthermore, and perhaps more concerning, the preservation of any brain function necessarily entails the preservation of some amount of brain perfusion, thereby raising the concern as to whether additional areas of neural tissue may remain viable, including areas in the brainstem. These and other considerations cast significant doubt on the reliability of diagnosing either “brain death” or “brainstem death.”. (shrink)

An original argument about how scientific models often times distort reality rather than accurately reflect it. And it's this distortion that often gives scientific models their epistemic power.

Many accounts of scientific modelling assume that models can be decomposed into the contributions made by their accurate and inaccurate parts. These accounts then argue that the inaccurate parts of the model can be justified by distorting only what is irrelevant. In this paper, I argue that this decompositional strategy requires three assumptions that are not typically met by our best scientific models. In response, I propose an alternative view in which idealized models are characterized as holistically distorted representations that (...) are justified by allowing for the application of various modelling techniques. (shrink)

In 1993, Professor of Jurisprudence, Ronald Dworkin of Oxford University and Professor of Law at New York University, delivered the Georgetown Law Center’s thirteenth Annual Philip A. Hart Memorial Lecture: "Life’s Dominion: An Argument About Abortion and Euthanasia." Dworkin is Professor of Philosophy and Frank Henry Sommer Professor of Law at New York University. He received B.A. degrees from both Harvard College and Oxford University, and an LL.B. from Harvard Law School and clerked for Judge Learned Hand. He was (...) associated with a law firm in New York (Sullivan and Cromwell) and was a professor of law at Yale University Law School from 1962-1969. He has been Professor of Jurisprudence at Oxford and Fellow of University College since 1969. He has a joint appointment at Oxford and at NYU where he is a professor both in the Law School and the Philosophy Department. He is a Fellow of the British Academy and a member of the American Academy of Arts and Sciences. Professor Dworkin is the author of many articles in philosophical and legal journals as well as articles on legal and political topics in the New York Review of Books. He has written Taking Rights Seriously (1977), A Matter of Principle (1985), Law’s Empire (1986), Philosophical Issues in Senile Dementia (1987), A Bill of Rights for Britain (1990), Life’s Dominion (1993), and Freedom’s Law (1996). (shrink)

The established view regarding ‘brain death’ in medicine and medical ethics is that patients determined to be dead by neurological criteria are dead in terms of a biological conception of death, not a philosophical conception of personhood, a social construction or a legal fiction. Although such individuals show apparent signs of being alive, in reality they are dead, though this reality is masked by the intervention of medical technology. In this article, we argue that an appeal to the distinction between (...) appearance and reality fails in defending the view that the ‘brain dead’ are dead. Specifically, this view relies on an inaccurate and overly simplistic account of the role of medical technology in the physiology of a ‘brain dead’ patient. We conclude by offering an explanation of why the conventional view on ‘brain death’, though mistaken, continues to be endorsed in light of its connection to organ transplantation and the dead donor rule. (shrink)

A “universalist” policy on brain death holds that brain death is death, and neurologic criteria for death determination are rightly applied to all, without exemptions or opt outs. This essay argues that advocates of a universalist brain death policy defend the same sort of coercive control of end-of-life decision-making as “pro-life” advocates seek to achieve for reproductive decision-making, and both are grounded in an illiberal political philosophy. Those who recognize the serious flaws of this kind of public policy with respect (...) to abortion must apply the same logic to brain death. (shrink)

Recently philosophers of science have begun to pay more attention to the use of highly idealized mathematical models in scientific theorizing. An important example of this kind of highly idealized modeling is the widespread use of optimality models within evolutionary biology. One way to understand the explanations provided by these models is as a censored causal explanation: an explanation that omits certain causal factors in order to focus on a modular subset of the causal processes that led to the explanandum. (...) In this paper, I first argue that the censored causal model approach fails to establish a permanent explanatory role for optimality models in biology and mischaracterizes the explanatory virtues of biological optimality modeling. In addition, I argue that many biological optimality explanations cannot be characterized as censored causal explanations. In response, I propose an alternative approach that analyzes optimality models’ reliance on synchronically representing a system’s constraints and tradeoffs as well as their employment of various kinds of idealization in order to provide equilibrium explanations. (shrink)

John P. Lizza has long been a major figure in the scholarly literature on criteria for death. His searching and penetrating critiques of the dominant biological paradigm, and his defense of a theory of death of the person as a psychophysical entity, have both significantly advanced the literature. In this special issue, Lizza reinforces his critiques of a strictly biological approach. In my commentary, I take up Lizza’s challenge regarding a biological concept of death. He is certainly right to point (...) out that science is not value-free; however, this does not imply that there cannot be a characterization of biological death that can be shown to be superior to other concepts. After characterizing and justifying such a theory of biological death, I show that patients who meet the diagnostic criteria for brain death are unequivocally biologically alive. However, with respect to concepts of personhood and related ideas, I urge the acceptance of a pluralism of such concepts for matters of public policy. (shrink)

The controversy over brain death and the dead donor rule continues unabated, with some of the same key points and positions starting to see repetition in the literature. One might wonder whether some of the participants are talking past each other, not all debating the same issue, even though they are using the same words (e.g., “death”). One reason for this is the complexity of the debate: It’s not merely about the nature of human life and death. Interwoven into this (...) debate are deep philosophical issues on realism, the normative/descriptive distinction, the relation of thought and language to the world, the mind–body problem, personhood, moral status, and the ethics of killing. There are also social and legal .. (shrink)

Biologists and economists use models to study complex systems. This similarity between these disciplines has led to an interesting development: the borrowing of various components of model-based theorizing between the two domains. A major recent example of this strategy is economists’ utilization of the resources of evolutionary biology in order to construct models of economic systems. This general strategy has come to be called evolutionary economics and has been a source of much debate among economists. Although philosophers have developed literatures (...) on the nature of models and modeling, the unique issues surrounding this kind of interdisciplinary model building have yet to be independently investigated. In this paper, we utilize evolutionary economics as a case study in the investigation of more general issues concerning interdisciplinary modeling. We begin by critiquing the distinctions currently used within the evolutionary economics literature and propose an alternative carving of the conceptual terrain. We then argue that the three types of evolutionary economics we distinguish capture distinctions that will be important whenever resources of model-based theorizing are borrowed across distinct scientific domains. Our analysis of these model-building strategies identifies several of the unique methodological and philosophical issues that confront interdisciplinary modeling. (shrink)

Catherine Elgin has recently argued that a nonfactive conception of understanding is required to accommodate the epistemic successes of science that make essential use of idealizations and models. In this paper, I argue that the fact that our best scientific models and theories are pervasively inaccurate representations can be made compatible with a more nuanced form of scientific realism that I call Understanding Realism. According to this view, science aims at (and often achieves) factive scientific understanding of natural phenomena. I (...) contend that this factive scientific understanding is provided by grasping a set of true modal information about the phenomenon of interest. Furthermore, contrary to Elgin’s view, I argue that the facticity of this kind of scientific understanding can be separated from the inaccuracy of the models and theories used to produce it. (shrink)

Legally defining “death” in terms of brain death unacceptably obscures a value judgment that not all reasonable people would accept. This is disingenuous, and it results in serious moral flaws in the medical practices surrounding organ donation. Public policy that relies on the whole-brain concept of death is therefore morally flawed and in need of revision.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This paper analyzes two ways idealized biological models produce factive scientific understanding. I then argue that models can provide factive scientific understanding of a phenomenon without providing an accurate representation of the features of their real-world target system. My analysis of these cases also suggests that the debate over scientific realism needs to investigate the factive scientific understanding produced by scientists’ use of idealized models rather than the accuracy of scientific models themselves.

The dead donor rule, which requires that organ donors not be killed by the process of organ procurement, is thought to protect vulnerable patients from exploitation and from being harmed through organ procurement. In current practice, the majority of transplantable organs are retrieved from patients who are declared dead by neurological criteria, or "brain-dead." Because brain death is considered to be sufficient for death, it is thought that brain-dead donors are neither harmed nor wronged by organ removal.In this essay I (...) argue that this is not the case. Brain-dead donors can be, and many are, harmed and wronged by... (shrink)

Social reality is currently a hotly debated topic not only in social science, but also in philosophy and the other humanities. Finn Collin, in this concise guide, asks if social reality is created by the way social agents conceive of it? Is there a difference between the kind of existence attributed to social and to physical facts - do physical facts enjoy a more independent existence? To what extent is social reality a matter of social convention. Finn Collin considers a (...) number of traditional doctrines which support the constructivist position that social reality is generated by our 'interpretation' of it. He also examines the way social facts are contingent upon the meaning invested in them by social agents; the nature of social convention; the status of social facts as symbolic; the ways in which socially shared language is claimed to generate the reality described, as well as the limitations of some of the over-ambitious popular arguments for social constructivism. (shrink)

Intersectionality has attracted substantial scholarly attention in the 1990s. Rather than examining gender, race, class, and nation as distinctive social hierarchies, intersectionality examines how they mutually construct one another. I explore how the traditional family ideal functions as a privileged exemplar of intersectionality in the United States. Each of its six dimensions demonstrates specific connections between family as a gendered system of social organization, racial ideas and practices, and constructions of U.S. national identity.