In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

The purpose of this study is twofold. The first objective is to examine the impact of an individual’s ethical ideology and level of professional commitment on the earnings management decision. The second objective is to observe whether the presence of a personal benefit affects an individual’s ethical orientation or professional commitment within the context of an opportunity to manage earnings. Using a sample of 375 undergraduate business majors, our results suggest a significant relationship between an individual’s ethical orientation and decision-making. (...) Further, participants with higher levels of professional commitment seem to be less likely to engage in earnings management behavior and less likely to behave opportunistically. These results have the potential to add to our understanding of certain behaviors in entry-level personnel and should be of interest to managers, practitioners, academicians, and researchers. (shrink)

Magnetic resonance imaging (MRI) can provide a number of measurements relevant to sport-related concussion (SRC) symptoms; however, most studies to date have used a single MRI modality and whole-brain exploratory analyses in attempts to localize concussion injury. This has resulted in highly variable findings across studies due to wide ranging symptomology, severity and nature of injury within studies. A multimodal MRI, symptom-guided region-of-interest (ROI) approach is likely to yield more consistent results. The functions of the cerebellum and basal ganglia transcend (...) many common concussion symptoms, and thus these regions, plus the white matter tracts that connect or project from them, constitute plausible ROIs for MRI analysis. We performed diffusion tensor imaging (DTI), resting-state functional MRI, quantitative susceptibility mapping (QSM), and cerebral blood flow (CBF) imaging using arterial spin labeling (ASL), in youth aged 12-18 years following SRC, with a focus on the cerebellum, basal ganglia and white matter tracts. Compared to controls similar in age, sex and sport (N = 20), recent SRC youth (N = 29; MRI at 8 ± 3 days post injury) exhibited increased susceptibility in the cerebellum (p = 0.032), decreased functional connectivity between the caudate and each of the pallidum (p = 0.035) and thalamus (p = 0.021), and decreased diffusivity in the mid-posterior corpus callosum (p < 0.038); no changes were observed in recovered asymptomatic youth (N = 16; 41 ± 16 days post injury). For recent symptomatic-only SRC youth (N = 24), symptom severity was associated with increased susceptibility in the superior cerebellar peduncles (p = 0.011) and reduced activity in the cerebellum (p = 0.013). Fewer days between injury and MRI were associated with reduced cerebellar-parietal functional connectivity (p < 0.014), reduced activity of the pallidum (p = 0.002), increased CBF in the caudate (p = 0.005), and reduced diffusivity in the central corpus callosum (p < 0.05). Youth SRC is associated with acute cerebellar inflammation accompanied by reduced cerebellar activity and cerebellar-parietal connectivity, as well as structural changes of the middle regions of the corpus callosum accompanied by functional changes of the caudate, all of which resolve with recovery. Early MRI post-injury is important to establish objective MRI-based indicators for concussion diagnosis, recovery assessment and prediction of outcome. (shrink)

Visionary quests to return to the Garden of Eden have shaped Western culture from Columbus' voyages to today's tropical island retreats. Few narratives are so powerful - and, as Carolyn Merchant shows, so misguided and destructive - as the dream of recapturing a lost paradise. A sweeping account of these quixotic endeavors by one of America's leading environmentalists, Reinventing Eden traces the idea of rebuilding the primeval garden from its origins to its latest incarnations in shopping malls, theme parks (...) and gated communities. With eloquence and insight, Merchant shows how the drive to conquer nature and to explore and settle the globe, springs from this utopian pastoral impulse throughout Western history. Time and again, human manipulation of the environment is our downfall: Eden is achieved by fencing off pristine beauty in national parks and wildlife preserves, while leaving the majority of the earth in ruins. Challenging both narratives, Merchant argues that the green veneer of city-park conservation has become a cover for the corruption of the earth and the neglect of its environment. Reinventing Eden is a bold new way to think about the earth that includes green political parties, sustainable development and a partnership between humans and earth that is nothing short of an ecological revolution. (shrink)

In a penetrating analysis of student unrest, the Dean for Institute Relations at M.I.T (and former chief of the psychiatric services both there and at Wellesley College) isolates a major cause of campus conflict: the overwhelming, nonproductive mass of unstated academic and social norms that divert the student from creative intellectual effort and from the attempt to define and reach his goals as independently as he is able.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1973.

Much recent research has sought to uncover the neural basis of moral judgment. However, it has remained unclear whether "moral judgments" are sufficiently homogenous to be studied scientifically as a unified category. We tested this assumption by using fMRI to examine the neural correlates of moral judgments within three moral areas: (physical) harm, dishonesty, and (sexual) disgust. We found that the judgment ofmoral wrongness was subserved by distinct neural systems for each of the different moral areas and that these differences (...) were much more robust than differences in wrongness judgments within a moral area. Dishonest, disgusting, and harmful moral transgression recruited networks of brain regions associated with mentalizing, affective processing, and action understanding, respectively. Dorsal medial pFC was the only region activated by all scenarios judged to be morally wrong in comparison with neutral scenarios. However, this region was also activated by dishonest and harmful scenarios judged not to be morally wrong, suggestive of a domain-general role that is neither peculiar to nor predictive of moral decisions. These results suggest that moral judgment is not a wholly unified faculty in the human brain, but rather, instantiated in dissociable neural systems that are engaged differentially depending on the type of transgression being judged. (shrink)

An examination of the Scientific Revolution that shows how the mechanistic world view of modern science has sanctioned the exploitation of nature, unrestrained commercial expansion, and a new socioeconomic order that subordinates women.

Indigenous knowledge and work in social science demonstrates the importance for well-being of people’s relationships with places, but western moral theorists have said little on this topic. This paper argues that there is a neo-Aristotelian virtue associated with forming a relationship with a place or places; that is, human beings can form relationships with places that affect their perceptions, emotions, desires and actions, and such dispositions, when properly developed, increase the chance that people will flourish. As well as discussing the (...) virtue, the paper considers related vices and briefly outlines implications of this virtue for dispossession, pro-environmental action, and education. (shrink)

A summary of the philosophical literature on trust.

John Earman and John Norton have argued that substantivalism leads to a radical form of indeterminism within local spacetime theories. I compare their argument to more traditional arguments typical in the Relationist/Substantivalist dispute and show that they all fail for the same reason. All these arguments ascribe to the substantivalist a particular way of talking about possibility. I argue that the substantivalist is not committed to the modal claims required for the arguments to have any force, and show that this (...) naturally leads to an alteration in the way determinism is characterized for local spacetime theories. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Non-human animals are as a matter of routine used as means to human ends. They are killed for food, employed for labour or sport, and experimented on in the pursuit of human health, knowledge, comfort and beauty. Lip-service is paid to the obligation to cause no unnecessary suffering, but human necessity is interpreted so generously that this is a negligible constraint. The dominant traditions of Western thought, religious and secular, have provided legitimation of the low or non-existent moral status of (...) beasts. The rival tradition, which includes the Neo-Platonists, Plutarch and Montaigne, is eccentric and archaic. But the teleologies and hierarchies of orthodoxy are equally incredible now and owe their greater respectability and influence to the inertia of custom. Disregard for beasts is supported partly by the vestigial and unowned belief that they are intended for our use, partly by a more recent piece of lore which is not only thought to be compatible with, but is sometimes held to be integral to, an enlightened scientific outlook, namely that beasts are mere complex stimulus—response mechanisms. The latter is a vexatious obstacle to progress but despite that the state of scientific and philosophical knowledge is now enormously more propitious for a re-appraisal of the moral status of beasts. Two moral philosophers, Peter Singer and Stephen Clark, have recently published books in which such a re-appraisal is attempted. Here I try to compare and assess some of the main features of their very different approaches. (shrink)

The authors of these essays--including Judith Butler, Elizabeth Weed, and Rosi Braidotti--shed new light on the relationship of Irigaray to many of the philosophers she has "romanced," from Aristotle to Deleuze.

Taste, perhaps the most intimate of the five senses, has traditionally been considered beneath the concern of philosophy, too bound to the body, too personal and idiosyncratic. Yet, in addition to providing physical pleasure, eating and drinking bear symbolic and aesthetic value in human experience, and they continually inspire writers and artists. In Making Sense of Taste, Carolyn Korsmeyer explains how taste came to occupy so low a place in the hierarchy of senses and why it is deserving of (...) greater philosophical respect and attention. Korsmeyer begins with the Greek thinkers who classified taste as an inferior, bodily sense; she then traces the parallels between notions of aesthetic and gustatory taste that were explored in the formation of modern aesthetic theories. She presents scientific views of how taste actually works and identifies multiple components of taste experiences. Turning to taste's objects—food and drink—she looks at the different meanings they convey in art and literature as well as in ordinary human life and proposes an approach to the aesthetic value of taste that recognizes the representational and expressive roles of food. Korsmeyer's consideration of art encompasses works that employ food in contexts sacred and profane, that seek to whet the appetite and to keep it at bay; her selection of literary vignettes ranges from narratives of macabre devouring to stories of communities forged by shared eating. (shrink)

In this adventurous contribution to the project of combining philosophy and biology to understand the mind, Carolyn Price investigates what it means to say that mental states--like thoughts, wishes, and perceptual experiences--are about things in the natural world. Her insight into this deep philosophical problem offers a novel teleological account of intentional content, grounded in and shaped by a carefully constructed theory of functions. Along the way she defends her view from recent objections to teleological theories and indicates how (...) it might be applied to notable problems in the philosophy of mind. (shrink)

The present text book is intended as an introduction to elementary logic. Its content, structure, and manner have been determined in large measure - perhaps 'caused' is the better word- by certain desiderata about which the reader should be informed at the outset. The leading idea is that even an introductory treatment of logic may profitably be fashioned around a rigorous framework.

Reveals how the scientific revolution of the sixteenth and seventeenth centuries changed our view of the earth and argues that the advance of science set back the cause of women.

The power of new medical technologies, the cultural authority of physicians, and the gendered power dynamics of many patient-physician relationships can all inhibit women's reproductive freedom. Often these factors interfere with women's ability to trust themselves to choose and act in ways that are consistent with their own goals and values. In this book Carolyn McLeod introduces to the reproductive ethics literature the idea that in reproductive health care women's self-trust can be undermined in ways that threaten their autonomy. (...) Understanding the importance of self-trust for autonomy, McLeod argues, is crucial to understanding the limits on women's reproductive freedom. -/- McLeod brings feminist insights in philosophical moral psychology to reproductive ethics, and to health-care ethics more broadly. She identifies the social environments in which self-trust is formed and encouraged. She also shows how women's experiences of reproductive health care can enrich our understanding of self-trust and autonomy as philosophical concepts. The book's theoretical components are grounded in women's concrete experiences. The cases discussed, which involve miscarriage, infertility treatment, and prenatal diagnosis, show that what many women feel toward themselves in reproductive contexts is analogous to what we feel toward others when we trust or distrust them. -/- McLeod also discusses what health-care providers can do to minimize the barriers to women's self-trust in reproductive health care, and why they have a duty to do so as part of their larger duty to respect patient autonomy. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. I argue that the referral requirement is justifiable, although not in the way that (...) people usually assume that it is. (shrink)

New techniques for the genetic modification of organisms are creating new strategies for addressing persistent public health challenges. For example, the company Oxitec has conducted field trials internationally—and has attempted to conduct field trials in the United States—of a genetically modified mosquito that can be used to control dengue, Zika, and some other mosquito-borne diseases. In 2016, a report commissioned by the National Academies of Sciences, Engineering, and Medicine discussed the potential benefits and risks of another strategy, using gene drives. (...) Driving a desired genotype through a population of wild animals or insects could lead to irreversible genetic modification of an entire species. The NASEM report recommends community, stakeholder, and public engagement about potential uses of the technology, and it argues that the engagement should occur as research advances, well before gene drives are deployed. Yet what “engagement” means in practice is unclear. This article seeks clarity on this problem by offering a justification for community engagement and drawing out implications of this argument for the implementation and desired outcomes of community engagement. Community engagement is essential when it comes to research that would release genetically modified insects or animals into the environment. By contrast, obtaining informed consent from people who live near such a proposed field trial is neither necessary nor sufficient. Drawing on the epistemic and moral arguments for deliberative democracy, I propose two discrete mechanisms of community engagement: community advisory boards and deliberative forums, neither of which has been systematically incorporated into research governance. The proposed mechanisms would engender respect for persons who live near field trials, even when the results of deliberation override some individuals’ preferences. Community engagement foregrounds the community in our thinking about humans’ relationship to nature, and it implies that deciding to release genetically modified insects or animals into the wild ought to be a collective decision, not one made by product developers, policy-makers, private companies, research funders, or scientists alone. (shrink)

As bearers of the divine image, all of us are storytellers and artists. However, few people today believe in truth that is not empirically knowable or verifiable, the sort of truth often trafficked through direct forms of communication. Drawing on the works of Soren Kierkegaard, Benson P. Fraser challenges this penchant for direct forms of knowledge by introducing the indirect approach, which he argues conveys more than mere knowledge, but the capability to live out what one takes to be (...) true. Dr. Fraser suggests that stories aimed at the heart are powerful instruments for personal and social change because they are not focused directly on the individual listener; rather, they give the individual room or distance to reconsider old meanings or ways of understanding. Indirect communication fosters human transformation by awaking an individual to attend to images or words that carry deep symbolic force and that modify or replace one's present ways of knowing, and ultimately make one capable of embodying what he or she believes. Through an examination of the indirect approach in Kierkegaard, Jesus, C. S. Lewis, and Flannery O'Connor, Fraser makes a strong case for the recovery of indirect strategies for communicating truth in our time"--Back cover. (shrink)

In philosophy, the textbook case for the discussion of human motivation is the examination (and almost always, the refutation) of psychological egoism. The arguments have become part of the folklore of our tribe, from their inclusion in countless introductory texts. [...] One of my central aims has been to define the issues empirically, so we do not just settle them by definition. Although I am inclined at present to put my bets on the reward-event theory, with its internalism, monism, and (...) causal primacy of satisfaction, I think we are very far from knowing enough to settle these questions concerning motivation, human or otherwise. The winds of science will blow where they may. In the meantime, we can be a bit more circumspect about what we put in our tribal folklore. (shrink)

This book offers a critical account of the fundamental elements of Leibniz's philosophy, as they manifest themselves in his metaphysics and philosophy of language. Emphasis is placed upon his hitherto neglected doctrine of nominalism, which states that only concrete individuals exist and that there are no such things as abstract entities – no numbers, geometrical figures or other mathematical objects, nor any abstractions such as space, time, heat, light, justice, goodness, or beauty. Using this doctrine as a basis, the book (...) considers the core of Leibniz's metaphysics and philosophy of language, including the well‐known principles of Contradiction, Sufficient Reason, Continuity and Individuation, and the concepts of Possible World, Individual Substance, Truth, and Necessity. (shrink)

A study of Pyrrhonean scepticism, consisting of a new translation of Sextus Empiricus' Outlines of Pyrrhonism, accompanied by an analytic introduction and an in-depth, section-by-section commentary - the first of its kind available.