James E. Fleming’s new contribution to the interpretive debate successfully exposes “new originalist” failures to find defensible middle ground between a Dworkinian approach to constitutional interpretation and the now widely discredited originalism of Raoul Berger. Fleming also exposes the irony of “new originalist” efforts to vindicate democracy and the rule of law. Less persuasive are Fleming’s reasons for optimism about the future of constitutional theory and fidelity to a constitution that seems increasingly beyond reform.

This book is the first to concentrate on the problems of individuation and identity in early modern philosophy and to trace their philosophical development through the period in a coherent way.

An idiolect, if there is such a thing, is a language that can be characterised exhaustively in terms of intrinsic properties of some single person at a time, a person whose idiolect it is at that time. The force of ‘intrinsic’ is that the characterisation ought not to turn on features of the person's wider linguistic community. Some think that this notion of an idiolect is unstable, and instead use ‘idiolect’ to describe a person's incomplete or erroneous grasp of their (...) language, where this latter is inherently social. Several important debates have featured discussion of individualistic, personal, or private languages. Some are considered in other entries (see the entries on the language of thought hypothesis, private language, and reference). This entry will concentrate on two influential and broadly idiolectal positions in the philosophy of language and linguistics: Noam Chomsky's preference for I-languages over E-languages (Section 2), and Donald Davidson's rejection of languages conceived as shared conventional structures that make communication possible (Section 3). David Lewis's claim that languages are a convention is a common target for both, and is outlined in an Appendix. The entry begins (Section 1) with some general remarks about the ontology of languages. Contents: 1. Idiolects and Language Individuation; 2. Chomsky on E-languages and I-languages; 2.1 The Origins of Chomsky's Distinction: Competence vs. Performance; 2.2 The Distinction Elaborated; 2.3 Why I-languages? Why Not E-languages?; 2.4 Criticisms of Chomsky's Preference for I-languages Over E-languages; 3. Davidson's Claim That There Are No Such Things As Languages; 3.1 What Davidson Aims to Show; 3.2 The Argument From Malaprops and Related Phenomena; 3.3 Reaction to Davidson's Argument; Bibliography; Other Internet Resources; Related Entries. (shrink)

Consider two red disks having the same non-relational properties. That they are two and not one, it is claimed by some philosophers, can only be accounted for by claiming that each disk contains an individuator, i.e., a bare particular, which is merely numerically different from the particular in the other disk. While sucli a claim is clearly dialectical, one need not rest the case for bare particulars solely on the dialectical argument. One can, by giving an accurate phenomenological description of (...) the situation containing the two red disks, also attempt to show that one is in fact acquainted with such entities. This latter possibility, however, has recently been challenged by Trentman on the grounds that one cannot give such a description without presupposing the existence of bare particulars. (shrink)

Consider two red disks having the same non-relational properties. That they are two and not one, it is claimed by some philosophers, can only be accounted for by claiming that each disk contains an individuator, i.e., a bare particular, which is merely numerically different from the particular in the other disk. While sucli a claim is clearly dialectical, one need not rest the case for bare particulars solely on the dialectical argument. One can, by giving an accurate phenomenological description of (...) the situation containing the two red disks, also attempt to show that one is in fact acquainted with such entities. This latter possibility, however, has recently been challenged by Trentman on the grounds that one cannot give such a description without presupposing the existence of bare particulars. (shrink)

The wellbeing that can accrue to individuals through their participation in collective endeavours, here called their participatory wellbeing, is a fundamental component of human wellbeing more broadly. It is also difficult to conceptualize, let alone quantify, and has been neglected in philosophy, apparently falling into a gap between the literature on collective agency and the literature on wellbeing. As a contribution towards filling in that gap, this chapter uses the notion of a role within a group—encompassing anything from familial and (...) professional roles to being a friend or a citizen—to solve a puzzle about participatory wellbeing. The puzzle, crudely stated, is that while wellbeing is an essentially individualistic notion, participation is essentially social. By conceiving of participation as a matter of occupying and performing a role, we can recognize and model the complexity (i.e. the multifaceted nature) of participatory wellbeing. (shrink)

Standard models of adolescent risk taking posit that the cognitive abilities of adolescents and adults are equivalent, and that increases in risk taking that occur during adolescence are the result of socio emotional differences in impulsivity, sensation seeking, and lack of self-control. Fuzzy-trace theory incorporates these socio emotional differences. However, it predicts that there are also cognitive differences between adolescents and adults, specifically that there are developmental increases in gist-based intuition that reflects understanding. Gist understanding, as opposed to verbatim-based analysis, (...) generally has been hypothesized to have a protective effect on risk taking in adolescence. Gist understanding is also an essential element of informed consent regarding risks in medical decision- making. Evidence thus supports the argument that adolescents’ status as mature minors should be treated as an exception rather than a presumption, because accuracy in verbatim analysis is not mature gist understanding. Use of the exception should be accompanied by medical experts’ input on the bottom-line gist of risks involved in treatment. (shrink)

Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the (...) shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself. (shrink)

If the U.S. Constitution is a liberal Constitution, liberal governments can have a constitutional obligation to secure positive benefits or welfare rights. The original constitutional text describes a government instrumental to the Preamble's abstract ends or goods. Constitutional rights can be reconciled to the text's instrumentalist logic by viewing them as functional to better conceptions of abstract ends among actors who would compensate for their fallibility. The Federalist confirms the instrumentalism of the constitutional text. Conservative writers who treat negative liberties (...) as constitutional ends err in several ways. They assume rational actors would establish a government for the sake of limiting it, and they ignore the positive nature of goods (life, liberty, property) that are the objects of negative liberties. They also fail to see that tax-supported protections for all positive goods, including the objects of negative liberties, must be justified by public purposes. (shrink)

This is a collection of essays, most being reprints or revisions of works which have appeared elsewhere, focusing on aspects of Rawls’ treatise. The intent of the volume is to furnish a "guide to the problems and lines of criticism which must be pursued" in the furtherance of a "full scholarly assessment of Rawls’ achievement." Additionally, the editor hopes that the collection may serve as "an aid to the education of advanced students" who may be reading Rawls in graduate seminars. (...) The volume is organized around four main themes: 1) contractarianism and the original position, 2) the attack on utilitarianism and the attempt to avoid intuitionism, 3) the doctrines of justice as fairness and the difference principle, and 4) criticisms from the social sciences. The contributors are: Thomas Nagel, Ronald Dworkin, Milton Fisk, R. M. Hare, Joel Feinberg, Gerald Dworkin, David Lyons, T. M. Scanlon, Richard Miller, H. L. A. Hart, Norman Daniels, A. K. Sen, Benjamin Barber, and Frank Michelman. Daniels has also provided an excellent introduction summarizing the issues and criticisms which are debated within: it furnishes a helpful overview of the volume’s contents as well as a conspectus of Rawls criticism generally. Finally there is a selected bibliography of further criticism, and a name index. (shrink)

Using payment to recruit research subjects is a common practice, but it raises ethical concerns that coercion or undue inducement could potentially compromise participants’ informed consent. This is the first national study to explore the attitudes of IRB members and other human subjects protection professionals concerning whether payment of research participants constitutes coercion or undue influence, and if so, why. The majority of respondents expressed concern that payment of any amount might influence a participant’s decisions or behaviors regarding research participation. (...) Respondents expressed greater acceptance of payment as reimbursement or compensation than as an incentive to participate in research, and most agreed that subjects are coerced if the offer of payment makes them participate when they otherwise would not or when the offer of payment causes them to feel that they have no reasonable alternative but to participate . Views about undue influence were similar. We conclude that human subjects protection professionals hold expansive and inconsistent views about coercion and undue influence that may interfere with the recruitment of research participants and impede valuable research. (shrink)

Although the equally pervasive and abstract concept of space has generated a vast body of disciplines, time, and the related idea of "becoming" (transforming, ...

When I agreed to lecture to-night I stipulated that I might be allowed to interpret the subject announced so as to let my treatment relate less to the subject in general than to some particular aspects which happen to have been interesting me lately. Professor Whitehead, Sir Arthur Eddington, and Sir James Jeans have given to the world brilliant accounts of the present position of physics in relation to mathematics and philosophy. What I have to say bears to their writings, (...) the humble relation of an example to a piece of book-work, or of an application of a theorem to the theorem itself. (shrink)

I think that to Lord Kelvin is attributed the saying that the scientific attitude to a thing, if you can't do anything else with it, is to measure it. This is the attitude I propose to adopt towards Time . The situation is to some extent analogous to the situation with regard to electricity . Science is unable to say what electricity is, and so it almost denies the word any entrance into a treatise on the subject. It replaces it (...) by the word charge , which is something that can be measured. It is important to avoid hypostatizing time into a thing-in-itself. Instead of trying to say what time is we try to find a way of measuring it. (shrink)

Recent results in kinematics, obtained by myself and those working with me, have convinced me that the philosophical status of physics, as it has come down to us from Renaissance days, requires reconsideration. The reason can be stated in a couple of sentences: it has been found possible to establish certain laws of physics—laws of motion, the law of gravitation, the laws known under the name of the Lorentz transformation, and some others—purely deductively, without specific assumptions, and without empirical appeals (...) save only to the empirical awareness of something we call “the passage of time.” Yet physicists have claimed ad nauseam that the ultimate sanction for “laws of nature” is observation and experiment, that this is what distinguishes physics from other branches of exact inquiry. The contrast in these two conceptions of natural law needs no emphasis. It is the purpose of this article to attempt to clarify this confused situation. (shrink)