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.

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)

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)

PREFACE Alexius Meinong (1853–1920) wrote an array of books and articles, broad in subject matter and rich in ideas. My book does not pretend to uncover the ...

Doctoral graduates in philosophy are an excellent source of information about the discipline: they are at the cutting edge of research trends, have an inside view of researchfocused departments, and their employment prospects provide early insights on the future health of the discipline. We report on the results of a survey sent to recent PhD graduates and current students, as well as data gathering efforts by Academic Placement Data and Analysis that have taken place over the past ten years. In (...) this report we especially focus on demographic representation, program ratings, academic job placement, and non-academic careers. (shrink)

Introduction:Can nature be controlled?. Autonomous nature -- Greco-Roman concepts of nature -- Christianity and nature -- Nature personified : Renaissance ideas of nature -- Controlling nature. Vexing nature : Francis Bacon and the origins of experimentation -- Natural law : Spinoza on natura naturans and natura naturata -- Laws of nature :Lleibniz and Newton -- Epilogue : rambunctious nature in the twenty-first century.

Although we tend to associate social transformation with major events, historical turning points, or revolutionary upheaval, Revolutionary Routines argues that seemingly minor everyday habits are the key to meaningful change. Through its account of influential socio-political processes – such as the resurgence of fascism and white supremacy, the crafting of new technologies of governance, and the operation of digital media and algorithms – this book rethinks not only how change works, but also what counts as change. Drawing examples from the (...) affective politics of Trumpism and Brexit, nudge theory and behaviour change, social media and the international refugee crisis, and the networked activism of Occupy and Black Lives Matter, Carolyn Pedwell argues that minor gestures may be as significant as major happenings, revealing the powerful potential in our ability to remake shared habits and imaginatively reinhabit everyday life. Revolutionary Routines offers a new understanding of the logics of habit and the nature of social change, power, and progressive politics, illustrating diverse forms of consciousness and co-operation through which political solidarities might take shape. (shrink)

Emotion is at the centre of our personal and social lives. To love or to hate, to be frightened or grateful is not just a matter of how we feel on the inside: our emotional responses direct our thoughts and actions, unleash our imaginations, and structure our relationships with others. Yet the role of emotion in human life has long been disputed. Is emotion reason?s friend or its foe? From where do the emotions really arise? Why do we need them (...) at all? In this accessible and carefully argued introduction, Carolyn Price focuses on some central questions about the nature and function of emotion. She explores the ways in which emotion contrasts with belief and considers how our emotional responses relate to our values, our likes and our needs. And she investigates some of the different ways in which emotional responses can be judged as fitting or misplaced, rational or irrational, authentic or inauthentic, sentimental or profound. Throughout, she develops a particular view of emotion as a complex and diverse phenomenon, which reflects both our common evolutionary past and our different cultural and personal histories. Engagingly written with lots of examples to illuminate our understanding, this book provides the ideal introduction to the topic for students and scholars and anyone interested in delving further into the intricate web of human emotion. (shrink)

Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...) forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (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.

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.

How can head teachers live up to expectations? What makes them fail? What keeps the profession in good standing in the taxpayer's eye, and what undermines it? This book sets out a new vision for school leadership, moving beyond leadership styles and best practice to reflect on the intrinsic motivation in becoming a leader within a school setting, and proposing a way for the profession to develop and maintain ethical standards. Chapters explore the 2017-18 Commission on Ethical Leadership in Schools, (...) considering the core principles and behaviours we should expect from our school leaders, and providing a clear, ethical code for thinking about and reinforcing ethical standards in schools. (shrink)

Fundamental terms in the field of ecology are ambiguous, with multiple meanings associated with them. While this could lead to confusion, discord, or even tests that violate core assumptions of a given theory or model, this ambiguity could also be a feature that allows for new knowledge creation through the interconnected nature of concepts. We approached this debate from a quantitative perspective, and investigated the cost of ambiguity related to definitions of ecological units in ecology related to the general term (...) “community.” We did a meta-analysis of tests associated with two bodies of literature, Hubbell’s unified neutral theory of biodiversity and biogeography and Diamond’s assembly rules, that rely on a specific ecological unit that assumes that species are existing within a local area and that they have overlapping resource needs. We predicted that if ambiguous terminology is widespread, then researchers will have tested them with many different ecological units, that in addition some of these ecological units will violate the core assumptions of the theory, and finally that the overall level of support for a theory will be stronger if appropriate ecological units were used. We found that indeed multiple different ecological units were used in the literature to test both theories, with 65 percent appropriate ecological units for neutral theory tests, and only 6 percent for assembly rule tests. Finally, there was some evidence that the support for a theory depended on whether appropriate ecological units were used for neutral tests, but there was not enough data for the assembly rule tests. These results thus show that ambiguous terminology in ecology is having measurable effects on research and is not of solely philosophical concern. We advocate that authors be explicit in their writing and outline core assumptions of theories, that researchers apply these consistently in their tests, and that readers be attentive to what is written and cognizant of their potential biases. (shrink)

There are two attitudes regarding the historical situation of understanding commonly held today. On the one hand, we believe that we only achieve a real, worthwhile understanding of a topic when our thinking manages to break free from the dogmas of the past. We believe that this transcendence of the historical situation of thought is both possible and desirable. We applaud those whose thought appears to us to proceed unhinged by traditional dogmas, whether those dogmas be old habits of scientific (...) thought or traditional ideas about social life. We celebrate as epistemic heroes those who discover their own way of thinking. On the other hand, many are quick to accept as a general rule that one’s understanding is inevitably bound to one’s particular historical and cultural situation. Nobody understands things in a historical vacuum. Accordingly, we believe that there is no transcending the historicity of the understanding and thus no epistemic heroes to applaud. This chapter examines Gadamer's argument in “The Elevation of the Historicity of Understanding" (a central section in "Truth and Method") as a critique of both of these alternatives -- alternatives that can be traced back to the historical epochs of the Enlightenment and Romanticism. I argue that, for Gadamer, both of these historical models of understanding misconstrue the way that understanding is grounded in historical consciousness. (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)

Some of the oldest and deepest questions in philosophy fall under the umbrella of consciousness and mind: What is the mind and how is it related to the body? What provides our thoughts with content? How is consciousness related to the natural world? Do we have distinctive causal powers? Analytic philosophers have made significant progress on these and related problems in the last century. Given the high volume of work on such topics, this chapter is necessarily selective. It offers major (...) touchstones but is slanted in favor of work that touches base with the sciences. The chapter starts by describing the progression of thought on the mind-body problem, from dualism and behaviorism to non-reductive materialism. It then describes the problem of intentionality, with a focus on partial solutions from Dretske and Millikan, ending with a brief discussion of 4E theories of mental content. The section on the problem of consciousness starts with the well-known knowledge and modal arguments before describing some attempted initial solutions, such as eliminative materialism and panpsychism. Finally, there is a brief section on agency and free will, which focuses on the link between free will and consciousness. (shrink)

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)

A summary of the philosophical literature on trust.

Things: In Touch with the Past explores the value of artifacts that have survived from the past and that can be said to "embody" their histories. Such genuine or "real" things afford a particular kind of aesthetic experience-an encounter with the past-despite the fact that genuineness is not a perceptually detectable property.

Although we experience many cultural artifacts by way of reproductions, there remains a particular thrill in experiencing genuine objects—‘real things’. I argue that genuineness is a property that possesses many dimensions of value, including aesthetic value. Typically, aesthetic qualities are perceptual, but genuineness is not a perceptual property. I investigate the aesthetic dimensions of genuineness by considering the role of touch in encounters with old things, using the example of an ancient bronze figurine whose reputation as genuine has waxed and (...) waned, along with its aesthetic assessment. (shrink)

Attention is essential to the life of the mind, a central topic in cognitive science, neuroscience, and psychology. Traditional debates in philosophy stand to benefit from greater understanding of the phenomenon, whether on the nature of the self, the foundation of knowledge, the natural basis of consciousness, or the origins of action and responsibility. This book is at the crossroads of philosophy of mind and cognitive science, offering a new theoretical stance on the concept of attention and how it intersects (...) with other functions of the mind, such as perception, consciousness, and action. It presents attention as directed by a subject, essential for perception, but not consciousness or action. By taking seriously the existence of a subject it stands against current trends in philosophy and cognitive science. This book offers an account of the subject and its role in attention that will both help motivate a subject-centered account and avoid some of the common criticisms regarding its existence. It engages with work by many philosophers, psychologists, and neuroscientists, including Block, Campbell, Dickie, Husserl, James, Koch, Mack and Rock, Merleau-Ponty, Treisman, and Wu. (shrink)

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)

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)

This article explores the implications of adopting decolonial love as a theoretical and practical model for healing the wounds of coloniality by contrasting its revolutionary potential to the damaging effects of its opposite, colonial love. The latter, based in an imperialist, dualist logic, dangerously fetishizes the beloved object and participates in the oppression and subjugation of difference. Decolonial feminist theorist Chela Sandoval's concept of decolonial love, by contrast, originates “from below” and operates between those rendered other by hegemonic forces. In (...) its acceptance of fluid identities and a redefined but shared humanity, decolonial love promotes loving as an active, intersubjective process, and in so doing articulates an anti-hegemonic, anti-imperialist affect and attitude that can guide the actions that work to dismantle oppressive regimes. Literature that makes central the lived experiences of female subaltern figures works to theorize new ways of being and offers feminist philosophy a different way to understand intersubjective relation that challenges hegemonic thinking. To this end I offer a close reading of Gabriel García Márquez's underexplored Of Love and Other Demons, a novel in which the subversive power of decolonial love challenges Christian, imperialist love to foreground black lived experience and knowledge over and against the Eurocentric. (shrink)

Explores Gadamer's hermeneutic theory of understanding and puts this theory into conversation with a number of social epistemologies, including feminist epistemology.

The Strange Genius of Mr. O is at once the biography of a remarkably odd celebrity--a gaunt, opium-addicted Scottish orator who lectured in a toga--and a tour of the fledgling United States. James Ogilvie arrived in the United States in 1793 as an educated, impoverished, and deeply ambitious teacher. By the time he returned to Britain in 1819, he was a celebrity known simply as "Mr. O" who counted the nation's leading politicians, writers, and intellectuals among his admirers. Following Ogilvie (...) on lecture tours from the Atlantic coast as far west as frontier Kentucky, Eastman reconstructs his path to renown, explaining how and why Ogilvie mattered to the citizens of the early republic. His example inspired countless men and more than a few women to become amateur orators and helped inaugurate America's golden age of oratory. At a time when Americans were eager for national unity, Ogilvie and his audiences hoped that eloquence might knit a divided public together--that educated, elevated oratory might provide a bedrock for citizenship and civic belonging. In Eastman's hands, Ogilvie's remarkable life story has as much to tell us about a fascinating man as it has to reveal about the nation he helped fashion. (shrink)

Subjunctive Aesthetics argues for the importance of ecocritical approaches within Mexican Studies. This monograph engages with established and up-and-coming Latin American ecocritical scholars who argue that Latin America offers an important corrective to Anglocentric approaches to the Anthropocene by foregrounding colonialism and empire.

Attention has a long history in philosophy, despite its near absence in the twentieth century. This chapter provides an overview of philosophical research on attention. It begins by explaining the concept of "selection from limitation," contrasting it with the more recent "selection for action." It reviews historical texts that discuss attention, focusing on those in the Western canon whose understanding of "attention" aligns with contemporary usage. It then describes the differential treatment of attention in phenomenology and behaviorism in the last (...) century. Finally, it discusses contemporary research by topic: attention, perception, and knowledge; attention and consciousness; attention and action; and attention and the self. It includes work by Allport,Aristotle, Astell, Augustine, Bergson, Berkeley, Block, Bradley, Buddhaghosa, Campbell, Cherry, De Brigard, Dehaene and Naccache, Descartes, Dickie, Du Bois, Ganeri, Hegel, Heidegger, James, Kant, Koch and Tsuchiya, LaBerge, Locke, Mack and Rock, Malebranche, Merleau-Ponty, Mole, Montemayor and Haladjian, Neumann, Pashler, Posner, Prinz, Reid, Rensink, Reynolds and Heeger, Treisman, Watzl, Wittgenstein, Wollstonecraft, and Wu. (shrink)