In this article, we propose a novel account of general jurisprudence by situating it within the broader project of metanormative inquiry. We begin by showing how general jurisprudence is parallel to another well-known part of that project, namely, metaethics. We then argue that these projects all center on the same task: explaining how a certain part of thought, talk, and reality fits into reality overall. Metalegal inquiry aims to explain how legal thought, talk, and reality fit into reality. General jurisprudence (...) is the part of metalegal inquiry that focuses on universal legal thought, talk, and reality. (shrink)

Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics—questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second-order questions about law—questions not in the law, but rather ones about our thought and talk about (...) the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this volume are aimed at changing this state of affairs. The volume collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines. (shrink)

Medical school curricula, although traditionally and historically dominated by science, have generally accepted, appreciated, and welcomed the inclusion of literature over the past several decades. Recent concerns about medical professional formation have led to discussions about the specific role and contribution of literature and stories. In this article, we demonstrate how professionalism and the study of literature can be brought into relationship through critical and interrogative interactions based in the literary skill of close reading. Literature in medicine can question the (...) meaning of “professionalism” itself, thereby resisting standardization in favor of diversity method and of outcome. Literature can also actively engage learners with questions about the human condition, providing a larger context within which to consider professional identity formation. Our fundamental contention is that, within a medical education framework, literature is highly suited to assist learners in questioning conventional thinking and assumptions about various dimensions of professionalism. (shrink)

This book is a compendium of lesson plans for classroom exercises designed to foster philosophical inquiry with young people. It introduces the reader to a wide range of activities for exploring philosophical questions and problems with children from preschool age through high-school.

In the pursuit of a quality and well-rounded education with philosophy, Shapiro conducts an introductory lesson to students and teachers alike in order to develop deeper, more philosophical questions from their students. Academically, the article expands detail on tutoring in philosophy, analytical practices, and metaphysical activities.

Regulation of the cytoplasmic stability of mRNAs has recetly been identified as a major control mechanism which governs mRNA levels in a variety of eukaryotic systems. In this review we discuss what is known about several experimental systems that exhibit regulated mRNA stability, describe the mechanisms that cells may use to achieve control of mRNA degradation, and suggest areas of future investigation likely to provide new insights into this process.

This paper suggests that young people can explore moral philosophy in ways that will help them both think and act in ways that are consistent with good moral reasoning. It describes several games and exercises that allow children to explore various moral principles in their behavior toward others. Participating in activities that give children practice in making moral decisions helps them to appreciate the role of principles in moral reasoning. The author contends that it is important for young people to (...) examine ethical dilemmas from the “inside out”; that is, not by listening to the wisdom of philosophers telling them how to approach these issues, but by facing them head on themselves. (shrink)

Wilkinson's (1) critique of psychoanalysis and psychoanalytically oriented psychotherapy is weakened by inconsistent use of crucial terms, a systematically biased selectivity in reviewing empirical evidence and prior debates, and a failure to address issues crucial for a scientific understanding of psychotherapy.

Arguing and examining the different fundamental rights and constitutional preferences that students obtain like “the right to worship as you choose”.

In this astonishingly rich volume, experts in ethics, epistemology, philosophy of mind, political theory, aesthetics, history, critical theory, and hermeneutics bring to light the best philosophical scholarship on what is arguably Nietzsche's most rewarding but most challenging text. Including essays that were commissioned specifically for the volume as well as essays revised and edited by their authors, this collection showcases definitive works that have shaped Nietzsche studies alongside new works of interest to students and experts alike. A lengthy introduction, annotated (...) bibliography, and index make this an extremely useful guide for the classroom and advanced research. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Too many patients are injured in the course of care. Clinicians may mistakenly cause new harm to a patient or fail to take established steps to improve the presenting condition. Medical institutions within which they work may lack mechanisms to reduce errors or prevent them from harming patients. Many, perhaps even most, injuries are preventable, probably numbering in the hundreds of thousands a year for hospital care alone. Long ignored by medical practitioners and health-care payers and little appreciated by the (...) public, the problem of medical injury is finally receiving high-level policy attention. Much credit goes to the Institute of Medicine for its landmark report of November 1999, which marshaled the evidence about medical injuries and highlighted new approaches to systematic improvement of safety within systems of care. (shrink)

Too many patients are injured in the course of care. Clinicians may mistakenly cause new harm to a patient or fail to take established steps to improve the presenting condition. Medical institutions within which they work may lack mechanisms to reduce errors or prevent them from harming patients. Many, perhaps even most, injuries are preventable, probably numbering in the hundreds of thousands a year for hospital care alone. Long ignored by medical practitioners and health-care payers and little appreciated by the (...) public, the problem of medical injury is finally receiving high-level policy attention. Much credit goes to the Institute of Medicine for its landmark report of November 1999, which marshaled the evidence about medical injuries and highlighted new approaches to systematic improvement of safety within systems of care. (shrink)

There is a parallel between the debate between Gottlob Frege and David Hilbert at the turn of the twentieth century and at least some aspects of the current controversy over whether category theory provides the proper framework for structuralism in the philosophy of mathematics. The main issue, I think, concerns the place and interpretation of meta-mathematics in an algebraic or structuralist approach to mathematics. Can meta-mathematics itself be understood in algebraic or structural terms? Or is it an exception to (...) the slogan that mathematics is the science of structure? (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

Written by Thomas Hobbes and first published in 1651, _Leviathan_ is widely considered the greatest work of political philosophy ever composed in the English language. Hobbes's central argument—that human beings are first and foremost concerned with their own fears and desires, and that they must relinquish basic freedoms in order to maintain a peaceful society—has found new adherents and critics in every generation. This new edition, which uses modern text and relies on large-sheet copies from the 1651 Head version, includes (...) interpretive essays by four leading Hobbes scholars: John Dunn, David Dyzenhaus, Elisabeth Ellis, and Bryan Garsten. Taken together with Ian Shapiro’s wide-ranging introduction, they provide fresh and varied interpretations of _Leviathan_ for our time. (shrink)

Just about every theorist holds that vague terms are context-sensitive to some extent. What counts as ?tall?, ?rich?, and ?bald? depends on the ambient comparison class, paradigm cases, and/or the like. To take a stock example, a given person might be tall with respect to European entrepreneurs and downright short with respect to professional basketball players. It is also generally agreed that vagueness remains even after comparison class, paradigm cases, etc. are fixed, and so this context sensitivity does not solve (...) the problems with vague terms. In this paper, I briefly sketch the main features of my broadly contextualist account of vagueness, that of the late Ruth Manor, and that of Agustín Rayo, showing how the three accounts relate to, and reinforce, each other, noting a seeming difference. A key item used to articulate my own view is David Lewis's notion of conversational score. This is used to track which borderline cases have been called in the course of a conversation. Manor alludes to Lewis's notion of accommodation, a key aspect of the kinematics of conversation, and Rayo invokes Stalnaker's notion of common ground. I'll show how the conversational score could be employed to develop and extend their views, showing how vague terms, as they construe them, are (or can be) deployed in conversation, consistent with both the underlying indeterminacy of the terms and normal communicative goals. To help develop all three views further, I invoke Craige Roberts's notion of Retrievability, a tool developed to show how definites, such as definite descriptions, singular pronouns, and proper names, are deployed in conversation, in a Lewis-style scorekeeping framework. This, I think, is exactly the right way to understand conversations in what Manor calls non-sorities situations and, to invoke my own view, in sorites situations as well. (shrink)

In Legality, Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal (...) order is legally speaking, the better the moral quality of its law, and the more it is a failure morally speaking, the worse the legal quality of its law. It is such moral features of law that Shapiro concedes make it plausible to account for law’s claim to justified authority over its subjects. However, Shapiro cannot, as a legal positivist, accept this entailment. His book thus brings to the surface and illuminates a central dilemma for legal positivism. If legal positivists wish to account for the authority of law they have to abandon legal positivism’s denial that law has such moral features. If they do not, they should revive a form of legal positivism that specifically abjures any claim to account for law’s normative nature. (shrink)

This review concludes that if the authors know what mathematical logic is they have not shared their knowledge with the readers. This highly praised book is replete with errors and incoherency.

According to Scott Shapiro’s Moral Aim Thesis, it is an essential feature of the law that it has a moral aim. In short, for Shapiro, this means that the law has the constitutive aim of providing morally good solutions to morally significant social problems in cases where other, less formal ways of guiding the activity of agents won’t work. In this article, I argue that legal positivists should reject the Moral Aim Thesis. In short, I argue that although (...) there are versions of the Moral Aim Thesis that are arguably compatible with legal positivism, all of the different ways of making it compatible face serious philosophical difficulties. Following a discussion of what these difficulties are, I provide an alternative to the Moral Aim Thesis, a thesis that I call the ‘Represented-as-Moral Thesis’. This thesis avoids the problems that I raise for the Moral Aim Thesis and better resonates with some of the core intuitions behind legal positivism. Furthermore, a version of Shapiro’s Planning Theory of Law that is developed with the Represented-as-Moral Thesis (as opposed to the Moral Aim Thesis) can explain all of the things that Shapiro uses the Moral Aim Thesis to explain. (shrink)