The article considers the nature of legalistic, or formal, conceptions of the rule of law, focusing particularly on the work of Joseph Raz and Albert Venn Dicey. It asks how such apparently narrow conceptions are generated, and how far they can resist including broader social claims. It concludes that the rationale behind legalistic conceptions compels them to address issues of poverty and the literacy of the law's subjects. However, legalistic conceptions of the rule of law can still avoid sliding into (...) the wider non‐legalistic models advanced by writers such as T. R. S. Allan. (shrink)

In this article the relationship between Parliament and courts is examined. The views of writers on sovereignty are considered and criticized. Two criticisms of the sovereignty theorists are made: first, that they wrongly assume that a legal system must attribute supreme legal power to a single source and, second, that they wrongly assume that statutes in the English system constitute absolute exclusionary reasons for decision. It is contended that legal systems, can, and the English Constitution does, contain multiple unranked sources (...) of law. Hart's rule of recognition and Kelsen's Grundnorm are considered and compared, and found to be insufficiently flexible to meet the realities of the English Constitution. A more complicated model of judicial reactions to statutes is proposed, and decisions of the judges that run contrary to the law as set down in the statute are considered. It is contended that the relationship of the courts to Parliament ought not to be considered a purely legal issue; it also has a political dimension. (shrink)

The use of informed consent for surgery or research has been widely studied; however, its use in other areas of clinical practice has received less attention. This study investigates how doctors and nurses understand informed consent in relation to the prescription and administration of medicines in secondary care. It uses a qualitative analysis of semi-structured in-depth interviews with 19 doctors and 6 nurses recruited from various specialties in a teaching hospital. The results indicate a striking gap between official and actual (...) standards of practice. Providing information, assuring adherence and communication about potential treatment harms were raised as key issues instead of the principal goals of informed consent. Rather than simply treating these findings as support for a 'deficit' account of professionalism, the paper concludes that we need a richer and more grounded account of exactly when hospital medication decisions need to be subjected to the highest standards of informed consent. (shrink)

Objectives To conduct an independent evaluation of the first phase of the Health Foundation’s Safer Patients Initiative (SPI), and to identify the net additional effect of SPI and any differences in changes in participating and non-participating NHS hospitals. Design Mixed method evaluation involving five substudies, before and after design. Setting NHS hospitals in the United Kingdom. Participants Four hospitals (one in each country in the UK) participating in the first phase of the SPI (SPI1); 18 control hospitals. Intervention The SPI1 (...) was a compound (multi-component) organisational intervention delivered over 18 months that focused on improving the reliability of specific frontline care processes in designated clinical specialties and promoting organisational and cultural change. Results Senior staff members were knowledgeable and enthusiastic about SPI1. There was a small (0.08 points on a 5 point scale) but significant (P<0.01) effect in favour of the SPI1 hospitals in one of 11 dimensions of the staff questionnaire (organisational climate). Qualitative evidence showed only modest penetration of SPI1 at medical ward level. Although SPI1 was designed to engage staff from the bottom up, it did not usually feel like this to those working on the wards, and questions about legitimacy of some aspects of SPI1 were raised. Of the five components to identify patients at risk of deterioration—monitoring of vital signs (14 items); routine tests (three items); evidence based standards specific to certain diseases (three items); prescribing errors (multiple items from the British National Formulary); and medical history taking (11 items)—there was little net difference between control and SPI1 hospitals, except in relation to quality of monitoring of acute medical patients, which improved on average over time across all hospitals. Recording of respiratory rate increased to a greater degree in SPI1 than in control hospitals; in the second six hours after admission recording increased from 40% (93) to 69% (165) in control hospitals and from 37% (141) to 78% (296) in SPI1 hospitals (odds ratio for “difference in difference” 2.1, 99% confidence interval 1.0 to 4.3; P=0.008). Use of a formal scoring system for patients with pneumonia also increased over time (from 2% (102) to 23% (111) in control hospitals and from 2% (170) to 9% (189) in SPI1 hospitals), which favoured controls and was not significant (0.3, 0.02 to 3.4; P=0.173). There were no improvements in the proportion of prescription errors and no effects that could be attributed to SPI1 in non-targeted generic areas (such as enhanced safety culture). On some measures, the lack of effect could be because compliance was already high at baseline (such as use of steroids in over 85% of cases where indicated), but even when there was more room for improvement (such as in quality of medical history taking), there was no significant additional net effect of SPI1. There were no changes over time or between control and SPI1 hospitals in errors or rates of adverse events in patients in medical wards. Mortality increased from 11% (27) to 16% (39) among controls and decreased from 17% (63) to 13% (49) among SPI1 hospitals, but the risk adjusted difference was not significant (0.5, 0.2 to 1.4; P=0.085). Poor care was a contributing factor in four of the 178 deaths identified by review of case notes. The survey of patients showed no significant differences apart from an increase in perception of cleanliness in favour of SPI1 hospitals. Conclusions The introduction of SPI1 was associated with improvements in one of the types of clinical process studied (monitoring of vital signs) and one measure of staff perceptions of organisational climate. There was no additional effect of SPI1 on other targeted issues nor on other measures of generic organisational strengthening. (shrink)

Los medios de comunicación incrementan la cobertura de hallazgos sobre el pasado. Impedir la discriminación por razón de sexo es mandato de los códigos deontológicos periodísticos. Desde la perspectiva de género, el estudio abordó la presencia de científicas como sujetos noticiables y fuentes expertas. Se analizaron mediante técnicas cuantitativas y cualitativas mensajes (n=59) en los dos principales diarios españoles de referencia (El País, El Mundo). Es preponderante la voz del profesional de la arqueología y prima la autoría de reporteros especializados. (...) Lo femenino ocupa un segundo plano temático, que relega a la mujer como científica, especialista y reportera. (shrink)

This collection focuses on the introduction of phenomenology to the United States by the community of scholars who taught and studied at the New School for Social Research from 1954 through 1973. During those years, Dorion Cairns, Alfred Schutz, and Aron Gurwitsch--all former students of Edmund Husserl--came together in the department of philosophy to establish the first locus of phenomenology scholarship in the country. This founding trio was soon joined by three other prominent scholars in the field: Werner Marx, Thomas (...) M. Seebohm, and J. N. Mohanty. The Husserlian phenomenology that they brought to the New School has subsequently spread through the Anglophone world as the tradition of Continental philosophy. The first part of this volume includes original works by each of these six influential teachers of phenomenology, introduced either by one of their students or, in the case of Seebohm and Mohanty, by the thinkers themselves. The second part comprises contributions from twelve leading scholars of phenomenology who trained at the New School during this period. The result is a powerful document tracing the lineage and development of phenomenology in the North American context, written by members of the first two generations of scholars who shaped the field. Contributors: Michael Barber, Lester Embree, Jorge García-Gómez, Fred Kersten, Thomas M. T. Luckmann, William McKenna, J. N. Mohanty, Giuseppina C. Moneta, Thomas Nenon, George Psathas, Osborne P. Wiggins, Matthew M. Seebohm, and Richard M. Zaner. (shrink)

The sources of the Sicilian narrative have been recently investigated by Barber and Laqueur. The former has suggested a comparison of Plutarch's Lives of Dion and Timoleon with the narrative of Diodorus as an avenue of approach to the problem; such a comparison will be applied later in order to check the conclusions reached by a survey of Diodorus' narrative. The latter has exploited the argument from detail, a method which has already been criticized in Article I. Space will (...) not allow an examination of each point made by Laqueur; it must be left to the reader to judge between our investigations of the same problem. (shrink)

This work is, in large part, a series of refutations; it is also the author's Ph.D. thesis. First to be refuted is Russell's vicious circle principle as a general remedy for the solution of the paradoxes. The author rejects the classification of paradoxes into syntactic and semantic, since in his view there are no purely syntactic paradoxes. The distinction in logic between the uninterpreted syntactical aspect of a system and the system when given a determinate interpretation is held to be (...) untenable. Tarski's distinction between object-language and meta-language and his concept of semantically closed language are considered irrelevant for the solution of the Liar paradox. The author claims that the usual versions of the Liar paradox have the same structure as the Barber paradox, viz., [S ↔ ~S]. The author solves the Liar paradox by pointing out that it does not have a proper reference. Cantor's diagonal argument for the indenumerability [[sic]] of the real numbers is labeled as unsatisfactory. Since the diagonal number is dependent upon the real numbers in the constructed list, the author claims that this makes the diagonal number to be of a different nature and status than the real numbers in the list; thus we have what the author calls the dependence fallacy. The author also refuses to accept Cantor's nested interval proof of the indenumerability [[sic]] of the real numbers. Within the proof, two infinite sequences are constructed, each of which converges to a limit. Because the proof does not give a "definite rule of convergence," the author is not satisfied that the infinite sequences converge. Also rejected is Cantor's theorem. Other paradoxes analyzed are the Berry, Richard, heterological, "Richardian", Russell, Cantor, and Burali-Forti paradoxes.--T. G. N. (shrink)

RésuméCet article démontre qu'un exemple cité par Ernest Adams pour montrer que l'implication matérielle n'est pas l'interprétation correcte de la sémantique de la conjonction de subordination si, n'est rien d'autre qu'un corollaire d'une observation d'jà faite par Lewis Carroll, il y a cent ans, dans l'exposition de son paradoxe du salon de coiffure.

Introduction [Nancy L. Rosenblum] I. Varieties of Liberalism Today 1. The Liberalism of Fear [Judith N. Shklar] 2. Humanist Liberalism [Susan Moller Okin] 3. Liberal Democracy and the Costs of Consent [Benjamin R. Barber] II. Education and the Moral Life 4. Undemocratic Education [Amy Gutmann] 5. Civic Education in the Liberal State [William Galston] III. Moral Conflict 6. Class Conflict and Constitutionalism in J. S. Mill’s Thought [Richard Ashcraft] 7. Making Sense of Moral Conflict [Steven Lukes] 8. Liberal Dialogue (...) Versus a Critical Theory of Discursive Legitimation [Seyla Benhabib] IV. Repairing Individualist and Communitarian Failings 9. Cross-Purposes: The Liberal--Communitarian Debate [Charles Taylor] 10. Democratic Individuality and the Meaning of Rights [George Kateb] 11. Pluralism and Self-Defense [Nancy L. Rosenblum] 12. The Permanent Structure of Antiliberal Thought [Stephen Holmes]. (shrink)

This is the story of the clattering of elevated subways and the cacophony of crowded neighborhoods, the heady optimism of industrial progress and the despair of economic recession, and the vibrancy of ethnic cultures and the resilience of ...

SummaryThe clash between rationalism and humanism presupposes a radical and optimistic view of reason, with science taken as the archetype. Popper's theory of reason as critical of tradition seems to offer a new direction. But Kuhn's discovery that scientists normally are uncritical of some basic ideas makes it vacuous. An improvement upon Duhem's analysis of tests gives us a new epistemology, however where viable alternative views which are not believed nevertheless influence the organization of research. The tacit debate can be (...) regarded as an organized escape rather than as progress towards the Truth.We can thus admit tradition in science, and maintain that it is rational, even if scientists might be agreed on some basic issues during some periods. (shrink)

Paris, 1943. In a flash, a book is published that will shape post-war Europe like none other. Jean-Paul Sartre’s Being and Nothingness discloses utterly new insights about human freedom, about feelings such as shame and desire, and about death. The new edition of the renowned book of commentary on the magnum opus of French existentialism opens access to the work through the latest state of research.

Peterson et al. (2023) identify two potential uses of psychedelic drugs in Alzheimer’s disease and related disorders (AD/ADRD). The first is to treat depression and anxiety that commonly occur afte...

León-Portilla, M. El pensamiento prehispánico.--O'Gorman, E. América.--Gallegos Rocafull, J. M. La filosofía moderna en la Nueva España.--Villoro, L. Las corrientes ideológicas en la época de la Independencia.--Zea, L. El positivismo.--Salmerón, F. Los de filósofos mexicanos del siglo XX.--Villegas, A. El liberalismo mexicano.

Book reviewed in this article: Informed Consent in Medical Therapy and Research. By Bernard Barber.

[...] Rousseau bir yandan çağının yükselen değerlerinden yararlanırken diğer yandan bu değerlerin içeriden eleştirisini yapmayı başarabilen düşünürlerden biri olduğu için fikirleri ölümünden asırlar sonra bile önemini yitirmemiştir. Demokratik devletlerin meşruiyet krizinin giderek derinleştiği ve çoğunlukçu, majoritarian, ideolojilerin etraflıca sorgulanmaya başlandığı çağımızda, demokrasiyi çoğunluk kararına ek olarak “rıza”, “Yurttaşlık”, “sivil özgürlük”, “kamusal uzlaşı” ve “Genel İrade” kavramlarıyla birlikte ele alan Rousseau’yu yeniden okumak önemlidir [...] Rousseau-demokrasi ilişkisinin kazılıp ortaya çıkartılacağı bu metinde uğranılacak olan kavramsal duraklar sırasıyla: Eşitsizlik (doğal ve toplumsal), özgürlük (...) (doğal ve sivil), politik bütün (bodypolitic), Genel İrade, ortak iyi (common good) ve Egemen olmalıdır. Söz konusu kavramlar, Rousseau’nun onlara yüklediği özgün anlamları gözden kaçırılmadan sanki ilk defa karşılaşılıyormuşçasına bir zihin açıklığı ile okundukları zaman, onun demokrasi görüşü de gün ışığına çıkartılabilir. (shrink)