This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist in (...) the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

In Memoriam for Professor Michael Scriven.

Self-harm is a potentially lethal symptom of borderline personality disorder (BPD) that often improves with dialectical behavior therapy (DBT). While DBT is effective for reducing self-harm in many patients with BPD, a small but significant number of patients either does not improve in treatment or ends treatment prematurely. Accordingly, it is crucial to identify factors that may prospectively predict which patients are most likely to benefit from and remain in treatment. In the present preliminary study, twenty-nine actively self-harming patients with (...) BPD completed brain-imaging procedures probing activation of the prefrontal cortex during impulse control prior to beginning DBT and after seven months of treatment. Patients that reduced their frequency of self-harm the most over treatment displayed lower levels of neural activation in the bilateral dorsolateral prefrontal cortex prior to beginning treatment, and they showed the greatest increases in activity within this region after seven months of treatment. Prior to starting DBT, treatment non-completers demonstrated greater activation than treatment-completers in the medial prefrontal cortex and right inferior frontal gyrus. Reductions in self-harm over the treatment period were associated with increases in activity in right dorsolateral prefrontal cortex even after accounting for improvements in depression, mania, and BPD symptom severity. These findings suggest that pre-treatment patterns of activation in the prefrontal cortex underlying impulse control may be prospectively associated with improvements in self-harm and treatment attrition for patients with BPD treated with DBT. (shrink)

Empathy is a topic of continuous debate in the nursing literature. Many argue that empathy is indispensable to effective nursing practice. Yet others argue that nurses should rather rely on sympathy, compassion, or consolation. However, a more troubling disagreement underlies these debates: There’s no consensus on how to define empathy. This lack of consensus is the primary obstacle to a constructive debate over the role and import of empathy in nursing practice. The solution to this problem seems obvious: Nurses need (...) to reach a consensus on the meaning and definition of empathy. But this is easier said than done. Concept analyses, for instance, reveal a profound ambiguity and heterogeneity of the concept of empathy across the nursing literature. Since the term “empathy” is used to refer to a range of perceptual, cognitive, emotional, and behavioral phenomena, the presence of a conceptual ambiguity and heterogeneity is hardly surprising. Our proposal is simple. To move forward, we need to return to the basics. We should develop the concept from the ground up. That is, we should begin by identifying and describing the most fundamental form of empathic experience. Once we identify the most fundamental form of empathy, we will be able to distinguish among the more derivative experiences and behaviors that are addressed by the same name and, ideally, determine the place of these phenomena in the field of nursing. The aim of this article is, consequently, to lay the groundwork for a more coherent concept of empathy and thereby for a more fruitful debate over the role of empathy in nursing. In Part 1, we outline the history of the concept of empathy within nursing, explain why nurses are sometimes warry of adapting concepts from other disciplines, and argue that nurses should distinguish between adapting concepts from applied disciplines and from more theoretical disciplines. In Part 2, we show that the distinction between emotional and cognitive empathy—borrowed from theoretical psychology—has been a major factor in nurses’ negative attitudes toward emotional empathy. We argue, however, that both concepts fail to capture the most fundamental form of empathy. In Part 3, we draw on and present some of the seminal studies of empathy that can be found in the work of phenomenological philosophers including Max Scheler, Edmund Husserl, and Edith Stein. In Part 4, we outline how their understanding of empathy may facilitate current debates about empathy’s role in nursing. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

In this essay I address the question, “What is the subject matter of phenomenological research?” I argue that in spite of the increasing popularity of phenomenology, the answers to this question have been brief and cursory. As a result, contemporary phenomenologists lack a clear framework within which to articulate the aims and results of their research, and cannot easily engage each other in constructive and critical discourse. Examining the literature on phenomenology’s identity, I show how the question of phenomenology’s subject (...) matter has been systematically neglected. It has been overshadowed by an unending concern with phenomenology’s methodological identity. However, an examination of recent contributions to this literature reveals that a concern with articulating phenomenology’s subject matter has gradually increased, although such articulations remain preliminary. In light of this, I delineate, define, and illustrate three layers of phenomenological research, which I term “existentials,” “modes,” and “prejudices.” While the delineation of these layers is drawn primarily from classical phenomenological texts, they are defined and illustrated through the use of more contemporary literature. Following the articulation of this subject matter, I briefly consider some of the debates—both foundational and applied—that can be facilitated by the adoption of this framework. (shrink)

The role of knowledge has long been seen as problematic in the sensorimotor approach to experience. I offer an amended version of the sensorimotor approach, which replaces knowledge with what I call 'sensorimotor empathy'. Sensorimotor empathy is implicit, sometimes unintentional, skilful perceptual and motor coordination with objects and other people. I argue that sensorimotor empathy is the foundation of social coordination, and the key to understanding our conscious experience. I also explain how sensorimotor empathy can be operationalized and studied in (...) the lab, in terms of interpersonal synergies. (shrink)

Musing for Puncta special issue "Critically Sick: New Phenomenologies Of Illness, Madness, And Disability.".

Aims and Objectives. This article uses the concept of embodiment to demonstrate a conceptual approach to applied phenomenology. -/- Background. Traditionally, qualitative researchers and healthcare professionals have been taught phenomenological methods, such as the epoché, reduction, or bracketing. These methods are typically construed as a way of avoiding biases so that one may attend to the phenomena in an open and unprejudiced way. However, it has also been argued that qualitative researchers and healthcare professionals can benefit from phenomenology’s well-articulated theoretical (...) framework, which consists of core concepts, such as selfhood, empathy, temporality, spatiality, affectivity, and embodiment. -/- Design. This is a discursive article that demonstrates a conceptual approach to applied phenomenology. -/- Method. To outline and explain this approach to applied phenomenology, the Discussion section walks the reader through four stages of phenomenology, which progress incrementally from the most theoretical to the most practical. -/- Discussion. Part one introduces the philosophical concept of embodiment, which can be applied broadly to any human subject. Part two shows how philosophically trained phenomenologists use the concept of embodiment to describe general features of illness and disability. Part three illustrates how the phenomenological concept of embodiment can inform empirical qualitative studies and reflects on the challenges of integrating philosophy and qualitative research. Part four turns to phenomenology’s application in clinical practice and outlines a workshop model that guides clinicians through the process of using phenomenological concepts to better understand patient experience. -/- Conclusion and Relevance to Clinical Practice. A conceptual approach to applied phenomenology provides a valuable alternative to traditional methodological approaches. Phenomenological concepts provide a foundation for better understanding patient experience in both qualitative health research and clinical practice, and therefore provide resources for enhancing patient care. (shrink)

“On the Subject Matter of Phenomenological Psychopathology” provides a framework for the phenomenological study of mental disorders. The framework relies on a distinction between (ontological) existentials and (ontic) modes. Existentials are the categorial structures of human existence, such as intentionality, temporality, selfhood, and affective situatedness. Modes are the particular, concrete phenomena that belong to these categorial structures, with each existential having its own set of modes. In the first section, we articulate this distinction by drawing primarily on the work of (...) Martin Heidegger—especially his study of the ontological structure of affective situatedness (Befindlichkeit) and its particular, ontic modes, which he calls moods (Stimmungen). In the second section, we draw on a study of grief to demonstrate how this framework can be used when conducting phenomenological interviews and analyses. In the concluding section, we explain how this framework can be guide phenomenological studies across a broad range of existential structures. (shrink)

Introspective evidence is still treated with great suspicion in cognitive science. This work is designed to encourage cognitive scientists to take more account of the subject's unique perspective.

This chapter provides an overview of how existential phenomenology has influenced qualitative research methods across a range of disciplines across the social, health, educational, and psychological sciences. It focuses specifically on how the concepts of “existential structures,” or “existentials”—such as selfhood, temporality, spatiality, affectivity, and embodiment—have been used in qualitative research. After providing a brief introduction to what qualitative research is and why philosophers should be interested in it, the chapter provides clear, straightforward examples of how qualitative researchers have used (...) existentials to analyze qualitative data and design qualitative studies. The chapter is intended to introduce philosophers to existential approaches to phenomenological qualitative research, with the aim of facilitating interdisciplinary dialogue and collaboration. (shrink)

In this article, I argue that phenomenological psychopathologists, despite their critical attitude toward mainstream psychiatry, still hold problematic prejudices about the nature of psychiatric conditions as illness or disorder. I suggest that phenomenological psychopathologists turn to resources in the neurodiversity and mad pride movements to critically reflect upon these prejudices and appreciate the methodological problems that they pose.

In this essay I propose an environmental ethic in the pragmatic vein. I begin by suggesting that the contemporary debate in environmental ethics is forced into a familiar but highly restrictive set of distinctions and problems by the traditional notion of intrinsic value, particularly by its demands that intrinsic values be self-sufficient, abstract, and justified in special ways. I criticize this notion and develop an alternativewhich stresses the interdependent structure of values, a structure which at once roots them deeply in (...) our selves and at the same time opens them to critical challenge and change. Finally, I apply this alternative view back to environmental ethics. It becomes easy to justify respect for other life forms and concern for the natural environment, and indeed many of the standard arguments only become stronger, once the demand to establish intrinsic values is removed. (shrink)

This research work examines Heidegger's (1889-1976) contention that phenomenology can inspire, illuminate, motivate, reinforce and guide (human) individual's actions. It achieves this by adapting Heidegger's phenomenological approach to analyze and interpret representative everyday factical experiences of nepotism, selfishness and mass mentality in the (Nigerian) society. Doing this helps to ascertain whether these experiences have any phenomenological link with inauthenticity. Also, it provides a close reading and interpretation of Heidegger's treatment of authentic existence, and explores the possibility of complimenting it with (...) the phenomenology of Commensality, as a mode of care and a way to authenticity. In this manner, it strategically explores possible ways of inspiring individual Daseins to authenticity, and with it engendering a positive transformation of the (Nigerian) society. Presenting and elaborating the phenomenology of Commensality, the work highlights the relationship and the differences between the phenomenology of Commensality and the ontical or sociological understanding of commensality as obtained in African traditional societies. Phenomenology of Commensality argues for the 'renaissance' of Commensality, concretely expressed as Onyenkeanyi, and not just for its 'revival'. The research work further develops the phenomenology of education for Commensality, discussing the possible content and focus of its curriculum, while differentiating it from ethics. The proper implementation of phenomenology of education for Commensality could inspire and illuminate individual Daseins to authenticity, and thereby becomes an improvement strategy for the positive transformation of the (Nigerian) society. As a phenomenology, it is appropriate that the people and places analyzed take on a definite character, which is why the Nigerian society is used. However, it is expected that the implications of the findings presented here will be general and accurate enough to allow application to any number of similar situations. (shrink)

A phenomenological account of the forms of life characteristic of late capitalism--including television, celebrity culture, and personal electronics--culminating in an ontology of the gadget-commodity that brings together Marxist theories of commodity fetishism and ideology with Heidegger's attempt to think truth as unconcealment.

The following paper seeks to show, through a close reading of lines 604-612 from the second book of the Aeneid, that Virgil develops an understanding of truth opposed to the dominant understanding of truth of the philosophical tradition. Whereas philosophy (as exemplified in the “cave analogy” of Plato’s Republic)regards truth as a power over deception, Virgil comes to understand truth instead as the effect of a deception that cannot be “disillusioned,” and that in turn summons us towards an obedience to (...) a power that deceives us. This way of understanding the truth, I further suggest, stands in a close relation to literature, and suggests a way to think of the possibilities of literature outside the perspective of philosophy. (shrink)

This paper attempts a philosophically rigorous interpretation of H.C. Andersen’s tales. Through a radically conceived sentimentality – the unmediated juxtaposition of the abjection of things, conceived as a paradoxical “desire for desire” having no place in the world, with a cruel, apathetic gaze – Andersen challenges the existence of the soul or subjectivity as what, by combining the theoretical gaze with contemplative pleasure, grants coherence to experience. Thus undermining not only Romantic self-reflection, and its suturing of philosophy to criticism, but (...) Plato’s erotic psychology, Andersen inaugurates a new philosophical literature: a writing for children cultivating an openness. (shrink)

The fourteen award-winning essays in this volume discuss a range of novel ideas and controversial topics that could decisively influence the course of human life on Earth. Their authors address, in accessible language, issues as diverse as: enabling our social systems to learn; research in biological engineering and artificial intelligence; mending and enhancing minds; improving the way we do, and teach, science; living in the here and now; and the value of play. The essays are enhanced versions of the prize-winning (...) entries submitted to the Foundational Questions Institute (FQXi) essay competition in 2014. FQXi, catalyzes, supports, and disseminates research on questions at the foundations of physics and cosmology, particularly new frontiers and innovative ideas integral to a deep understanding of reality, but unlikely to be supported by conventional funding sources. (shrink)

Introduction : Fanon now -- Reading fanon anti-piously : on the need to appropriate -- The struggle within humanism : Fanon and Said -- The humanism effect : Fanon, Foucault, and ethics without subjects -- The futures of postcolonial criticism : Fanon and Kincaid -- "Enough of this scandal" : reading Gilroy through Fanon, or who comes after "race"? -- "Any decolonization is a success" : Fanon and the African spring -- Conclusion : singularity and solidarity : Fanonian futures.

Life and works -- Cartesian doubt -- Cogito ergo sum -- Sum res cogitans -- Ideas -- The idea of God -- The ontological argument -- Reason and intuition -- Matter and motion -- Mind and body.

Recently, there have been calls to develop a more contextual approach to phenomenological psychopathology—an approach that attends to the socio-cultural as well as personal and biographical factors that shape experiences of mental illness. In this Perspective article, we argue that to develop this contextual approach, phenomenological psychopathology should adopt a new paradigm case. For decades, schizophrenia has served as the paradigmatic example of a condition that can be better understood through phenomenological investigation. And recent calls for a contextual approach continue (...) to use schizophrenia as their primary example. We argue, in contrast, that substance misuse provides a better paradigm case around which to develop a contextually sensitive phenomenological psychopathology. After providing a brief vignette and analysis of a case of substance misuse, we explain why this kind of condition requires considerable sensitivity and attention to context, better motivating the incorporation and development of new contextually sensitive approaches. (shrink)

In this chapter, we explain how Karl Jaspers’ concept of empathy can be expanded by drawing upon the tradition of philosophical phenomenology. In the first section, we offer an account of Jaspers' concepts of empathy and incomprehensibility as he develops them in General Psychopathology and “The Phenomenological Approach in Psychopathology.” In the second section, we survey the recent literature on overcoming Jaspers' notion of incomprehensibility and expanding his concept of empathy. In the third section, we outline the levels of investigation (...) at which phenomenological inquiries into psychopathology may proceed. These levels of human existence are, in descending order of depth, (1) phenomenal experiences, (2) interpretive frameworks, (3) modes of existence, and (4) existentials. In the fourth and final section, we argue that to fully empathically comprehend patients with schizophrenia and other mental disorders, the possibility of alterations at all four levels of existence must be acknowledged. (shrink)

Fallibilism about knowledge and justification is a widely held view in epistemology. In this paper. I will try to arrive at a proper formulation of fallibilism. Fallibilists often hold that Cartesian skepticism is a view that deserves to be taken seriously and dealt with somehow. I argue that it turns out that a canonical form of skeptical argument depends upon the denial of fallibilism. I conclude by considering a response on behalf of the skeptic.

Contemporary psychiatry finds itself in the midst of a crisis of classification. The developments begun in the 1980s—with the third edition of the Diagnostic and Statistical Manual of Mental Disorders —successfully increased inter-rater reliability. However, these developments have done little to increase the predictive validity of our categories of disorder. A diagnosis based on DSM categories and criteria often fails to accurately anticipate course of illness or treatment response. In addition, there is little evidence that the DSM categories link up (...) with genetic findings, and even less evidence that they... (shrink)

Most theories of learning would predict a gradual acquisition and refinement of skills as learning progresses, and while some highlight exponential growth, this fails to explain why natural cognitive development typically progresses in stages. Models that do span multiple developmental stages typically have parameters to “switch” between stages. We argue that by taking an embodied view, the interaction between learning mechanisms, the resulting behavior of the agent, and the opportunities for learning that the environment provides can account for the stage-wise (...) development of cognitive abilities. We summarize work relevant to this hypothesis and suggest two simple mechanisms that account for some developmental transitions: neural readiness focuses on changes in the neural substrate resulting from ongoing learning, and perceptual readiness focuses on the perceptual requirements for learning new tasks. Previous work has demonstrated these mechanisms in replications of a wide variety of infant language experiments, spanning multiple developmental stages. Here we piece this work together as a single model of ongoing learning with no parameter changes at all. The model, an instance of the Epigenetic Robotics Architecture embodied on the iCub humanoid robot, exhibits ongoing multi-stage development while learning pre-linguistic and then basic language skills. (shrink)

In this chapter, I provide an overview of phenomenological approaches to psychiatric classification. My aim is to encourage and facilitate philosophical debate over the best ways to classify psychiatric disorders. First, I articulate phenomenological critiques of the dominant approach to classification and diagnosis—i.e., the operational approach employed in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and the International Classification of Diseases (ICD-10). Second, I describe the type or typification approach to psychiatric classification, which I distinguish into three different (...) versions: ideal types, essential types, and prototypes. I argue that despite their occasional conflation in the contemporary literature, there are important distinctions among these approaches. Third, I outline a new phenomenological-dimensional approach. I show how this approach, which starts from basic dimensions of human existence, allows us to investigate the full range of psychopathological conditions without accepting the validity of current diagnostic categories. (shrink)

This second edition covers the history of Greek philosophy through a chronology, an introductory essay, a glossary, and an extensive bibliography. The dictionary section has over 1500 cross-referenced entries on important philosophers, concepts, issues, and events.

Is it possible to train empathy? We suggest a new way, based on insights from phenomenology.

According to Timothy Williamson, where 'E' stands for evidence and 'K' stands for knowledge, E=K. He argues for the following theses, which jointly imply E=K.

The aim of the article is to introduce a new concept of “pain-related bodily doubt,” which complements current concepts currently in use, such as pain-related fear, pain catastrophizing, and pain self-efficacy. This new concept, adapted from recent philosophical work on illness experience, has the potential to positively contribute to pain research and clinical practice by providing a vocabulary for clinicians and patients to discuss implicit or tacit dimensions of pain-related experiences.

In this chapter, I introduce phenomenology and phenomenological psychopathology by clarifying the kind of implicit experiences that phenomenologists are concerned with. In section one, I introduce the phenomenological concept of pre-reflective experience, focusing especially on its relation to the concept of implicit experience. In section two, I introduce the structure of pre-reflective self-consciousness, which has been studied extensively by both classical phenomenologists and contemporary phenomenological psychopathologists. In section three, I show how phenomenological psychopathologists rely on an account of pre-reflective self-consciousness (...) to better understand the experience of schizophrenia and I outline some of the methodological challenges that arise in this field of research. This introduction should facilitate critical engagement and collaboration between phenomenologists and researchers working across a variety of disciplines, including psychology, psychiatry, the cognitive sciences, and analytic philosophy of mind. (shrink)

In recent years, an increasing number of contemporary artists have incorporated live animals into their work. Although this development has attracted a great deal of attention in the artworld and among animal rights activists, it has not been much discussed in the philosophy of art—which is quite remarkable, given the serious ethical and artistic questions that these artworks prompt. I focus on answering two such questions. First, is the use of animals in these artworks ethically objectionable? Or are such artworks (...) instead morally permissible or even laudable? Second, what might be the distinctive value or good of incorporating animals into artworks in this way? In response to both questions, I argue that one distinctive value of some of the artworks I discuss is their ability to facilitate a relationship of moral concern and respect on the part of an audience toward the animals that are a part of the artwork. Insofar as artworks facilitate such relationships, they are not simply artistically important; they are also, to that extent, morally good. (shrink)