The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and (...) applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic. (shrink)

John F. Henry is an eminent economist who has made important contributions to heterodox economics drawing on Adam Smith, Karl Marx, Thorstein Veblen, and John Maynard Keynes. His historical approach offers radical insights into the evolution of ideas (ideologies and theories) giving rise to and/or induced by the changes in capitalist society. Essays collected in this festschrift not only evaluate John Henry's contributions in connection to Marx's and Veblen's theories, but also apply them to the socio-economic issues (...) in the 21st century. In Part I leading heterodox economists in the traditions of Marxism, Post Keynesianism, and Institutionalism critically examine Marx's and Veblen's theoretical frameworks (and their connections to each other) that have become the foundations of heterodox economics. Chapters in Part II showcase alternative theoretical explanations inspired by Marx, Veblen, and Henry. Topics in this Part include financial crisis, financialization, capital accumulation, economics teaching, and the historical relationship between money and class society. Part III is devoted to John Henry's heterodox economics encapsulated in his "farewell" lecture, interview, and bibliography. Essays in this book, individually and collectively, make an important point that the history of economic thought (or historical analysis of economic theory and policy) is an integral part of developing heterodox economics as an alternative theoretical framework. Anyone who is troubled by the recurring failure of capitalism as well as mainstream economics will find this book well worth reading. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

The reason for physics’ failure to find a final theory of the universe is examined. Problems identified are: the lack of unequivocal definitions for its fundamental elements (time, length, mass, electric charge, energy, work, matter-waves); the danger of relying too much on mathematics for solutions; especially as philosophical arguments conclude the universe cannot have a mathematical basis. It does not even need the concept of number to exist. Numbers and mathematics are human inventions arising from the human predilection for measurement. (...) Following Aristotle, a single fundamental cause is proposed to explore the efficacy of using pure non-mathematical philosophy to explain the universe, contrary to current quantum physical views. The cause is taken as Time, which is then defined, surprisingly leading automatically to a definition of a three-dimensional space answering the question into what can a universe be placed (space before space seems non-sensical). This enables the philosophical arguments to derive a universal rule giving clear-cut descriptions (definitions) of force (both gravitational and electromagnetic), motion, energy, and particles. The formation of atomic nuclei and atomic properties together with an unexpected role for neutrinos follow. In particular, a Popper-test can be prepared by introducing the concept of measurement to allow the philosophy arguments to be tested in another discipline - mathematics. The solution agrees with human physical observations to a remarkable degree of accuracy, automatically explaining and predicting values for Planck’s and the fine-structure constants. Although mathematical, it is included as confirming the efficacy of philosophy in attaining a final theory. (shrink)

The chapter explores the sufferingSufferingassociated with MAIDMedical Assistance in Dying (MAID) giving special attention to assessmentAssessment and the psychological responses elicited in caregivers highlighting the need for all MAIDMedical Assistance in Dying (MAID) enquiries to activate a period of intense assessmentAssessment and the provision of detailed treatment alternatives. This chapter calls for a renewed commitment to compassionCompassion (‘sufferingSuffering together with’) as the communal dynamic to relieve and assuage such sufferingSuffering. Using the four domains of ‘total pain’ (Saunders in The management (...) of terminal malignant disease. Edward Arnold, London, UK, 1978), we summarize the evidence for the multiple opportunities available to ‘relieve often and comfort always.’ Finally, we review evidence on the impactImpactof MAIDMedical Assistance in Dying (MAID) suggesting that the overall burden of sufferingSuffering in Canada has increased since legalization. (shrink)

The nature of quantum mechanical probability has often seemed mysterious. To shed some light on this topic, the present paper analyzes the logical form of probability assignment in quantum mechanics. To begin the paper, I set out and criticize several attempts to analyze the form. I go on to propose a new form which utilizes a novel, probabilistic conditional and argue that this proposal is, overall, the best rendering of the quantum mechanical probability assignments. Finally, quantum mechanics aside, the discussion (...) here has consequences for counterfactual logic, conditional probability, and epistemic probability. (shrink)

Brings the thought and theology of Teilhard de Chardin into conversation with other significant religious thinkers, philosophers, and scientists.

A fascinating book demonstrating the influence of alchemy and esoteric traditions on the mature art of Marcel Duchamp.

Whiskey Lao -- Fair warning -- Randomness at large -- We the addicted -- The best possible world -- The importance of being doomed -- Moral responsibility -- The upper limit to the value of possible worlds.

The third collection of Msgr. Wippel's essays on the metaphysical thought of Thomas Aquinas, covering topics such as the discovery of metaphysics by a special form of judgment, the relationship between faith and reason in the preambles of faith, the distinction between essence and "esse," and participation.

Machine generated contents note: ch. 1 The Cry of Rachel -- Maritain's 1942 Marquette Aquinas Lecture -- Maritain's The Person and the Common Good -- Camus's The Plague -- ch. 2 Joy -- Being as the Good and the Eruption of Willing -- Being and Philosophical Psychology -- An Ordinary Knowledge of God and Metaphysics -- Metaphysics as Implicit Knowledge -- Being and the Intellectual Emotions -- ch. 3 Quandoque Evils -- Aquinas's Rationale for the Corruptible Order -- The Corruptible (...) Order and Quandoque Evils -- Bracketing Quandoque Evils between Goods -- A Caveat in Understanding the Subject of the Consequent Good -- The Effect of Human Providence upon the Frequency of Quandoque Evils -- ch. 4 Natural Corruptions -- Death as a Natural Corruption -- Natural Corruption as Nondefinitive -- Ambiguity of "Praeter Intentionem" and "Per Accidens" -- God and the Evil of Punishment (Poena) -- Other Interpretations -- Abraham and Isaac -- Conclusion -- ch. 5 Preliminaries to Aquinas and the Contemporary Discussion -- C.G. III, 71: "If Evil Exists, God Exists" -- William Rowe on Cosmological Reasoning -- De Ver. X, 12, ad 10m: "If not God from Justice, then God from Some Other Effect" -- Summary of Aquinas on the Existence of Evil -- A Strategy -- ch. 6 The Thomist and the Contemporary Discussion: Personalist Theodicies -- Marilyn McCord Adams and "Horrendous Evils" -- William Hasker: Personal Satisfaction and World Approval -- John Hick: Creation as a Gymnasium for the Development of Our Virtues -- David Ray Griffin and the Denial of Genuine Evils -- The Brothers Karamazov -- Thomistic "Natural Desires" of the Human Person -- ch. 7 The Thomist and the Contemporary Discussion: Cosmological Theodicies -- Diogenes Allen and Suffering as an Experience of God -- David Hume and Dialogues concerning Natural Religion, X and XI -- William Rowe and "Pointless Evils" -- J. L. Mackie and Further Objections to a Cosmological Theodicy -- Mackie's Fourth Criticism and Aquinas on the Causality of Human Choices -- Aquinas and Plantinga -- The Avoidance of Determinism -- The Avoidance of Divine Culpability -- A Thomistic Free Will Defense? -- Richard Swinburne: Nature as a Necessary Display Case for Our Knowledge of Good and Evil -- Bruce Reichenbach: Developing Plantinga and Swinburne -- ch. 8 Conclusion and Comparison to Brian Davies and Eleonore Stump -- Brian Davies's Apophatic Treatment of the Evil Problem -- Eleonore Stump and the Love of God -- The Consolation of Rachel. (shrink)

Machine generated contents note: Chapter One: Wrong Question, Right Answer -- Exercise 1: Getting right into it -- Exercise 2: Watching your hand -- Exercise 3: Marking practice -- Chapter Two: Realistic Drawing -- Exercise 4: Picking an object to draw -- Exercise 5: Attentive looking -- Exercise 6: Noticing awareness -- Exercise 7: Marking from the sense of sight -- Exercise 8: Simple rendering -- Exercise 9: Try perspective -- Exercise 10: Working inward -- Chapter Three: Systematic Drawing -- (...) Exercise 11: The circular arrow - a visual mantra -- Exercise 12: Improvising between two points and finding the world in between -- Exercise 13: Thought as art -- Exercise 14: All four pixel images -- Exercise 15: Book of compositions -- Chapter Four: Improvisational Drawing -- Exercise 16: Going outside the box -- Exercise 17: Not-breath awareness -- Exercise 18: Growing improvisation -- Exercise 19: Chasing the Coltrane Effect -- Exercise 20: Drawing to reveal inner conditions -- Exercise 21: Noticing Intuition -- Exercise 22: You are the universe drawing -- Chapter Five: Reading the Drawings -- Exercise 23: An exact physical description -- Exercise 24: Feeling the meaning -- Exercise 25: The story we tell ourselves -- Exercise 26: Connecting our story to a larger story -- Chapter Six: The Search for the Source of Creativity -- Exercise 27: Priming the source -- Exercise 28: Sitting still at the origin -- Exercise 29: Embedded sources -- Exercise 30: Mindful of the path -- Chapter Seven: Meta-Drawing -- Exercise 31: Sharing with yourself -- Exercise 32: Sharing with a trusted friend -- Exercise 33: Sharing with the world. (shrink)

This anthology contains twelve papers on various aspects of Platonism, ranging from Plato's Republic to the Neoplatonism of Plotinus, Iamblichus, Proclus and Hermias, to the use of Platonic philosophy by Cudworth and Schleiermacher. The papers cover topics in ethics, psychology, religion, poetics, art, epistemology, and metaphysics.

Management Ethics: Integrity at Work redefines what it means for a manager to function with integrity in the private and public sectorsùdomestically and globally. It integrates the latest theoretical work in both descriptive and normative ethics, and incorporates legal, communication, quality, and organizational theories into a conceptual framework that improves managerial judgment in the handling of moral complexity at work. The authors use their organizational ethics consulting and academic research experience to provide practical assessment and decision-making tools that convert ethics (...) theories into sound action steps. The book examines three key dimensions of management integrityùjudgment, process, and developmental dimensionsùand applies them to individual chapters devoted to the subprocesses of ethical planning, organizing, leading, and controlling. The authors focus their theories and tools on 28 ethics minicases related to each management function in seven allied management application clusters: accounting, auditing management; finance, investment management; marketing, advertising management; business management, business law, human resource management; technology, quality operations, organizational behavior management; public, nonprofit, health care management; and international, environmental, public policy management. Management Ethics: Integrity at Work builds management integrity by linking and enhancing both ethics and management competence in responsible planning, organizing, leading, and controlling for use by professionals and students in the private and public sectorsùdomestically and globally. (shrink)

John F. Post argues that physicalistic materialism is compatible with a number of views often deemed incompatible with it, such as the objectivity of values, the irreducibility of subjective experience, the power of the metaphor, the normativity of meaning, and even theism.

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

A. Kenny, Frege, an introduction to the founder of modern analytic philosophy. London:Penguin, 1995. viii-h223pp. £7.99 T. Willamson, Vagueness. London:Routledge, 1994. xiii-f-325 pp. £35.00 TOM BU...

In this volume, John Horty brings to bear his work in logic to present a framework that allows for answers to key questions about reasons and reasoning, namely: What are reasons, and how do they support actions or conclusions?

Originally published in 1830, this book can be called the first modern work in the philosophy of science, covering an extraordinary range of philosophical, methodological, and scientific subjects. "Herschel's book . . . brilliantly analyzes both the history and nature of science."—Keith Stewart Thomson, American Scientist.