John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged (...) text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

Although they are continually compositionally reconstituted and reconfigured, organisms nonetheless persist as ontologically unified beings over time – but in virtue of what? A common answer is: in virtue of their continued possession of the capacity for morphological invariance which persists through, and in spite of, their mereological alteration. While we acknowledge that organisms‟ capacity for the “stability of form” – homeostasis - is an important aspect of their diachronic unity, we argue that this capacity is derived from, and grounded (...) in a more primitive one – namely, the homeodynamic capacity for the “specified variation of form”. In introducing a novel type of causal power – a „structural power‟ – we claim that it is the persistence of their dynamic potential to produce a specified series of structurally adaptive morphologies which grounds organisms‟ privileged status as metaphysically “one over many” over time. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

Although contemporary metaphysics has recently undergone a neo-Aristotelian revival wherein dispositions, or capacities are now commonplace in empirically grounded ontologies, being routinely utilised in theories of causality and modality, a central Aristotelian concept has yet to be given serious attention – the doctrine of hylomorphism. The reason for this is clear: while the Aristotelian ontological distinction between actuality and potentiality has proven to be a fruitful conceptual framework with which to model the operation of the natural world, the distinction between (...) form and matter has yet to similarly earn its keep. In this chapter, I offer a first step toward showing that the hylomorphic framework is up to that task. To do so, I return to the birthplace of that doctrine - the biological realm. Utilising recent advances in developmental biology, I argue that the hylomorphic framework is an empirically adequate and conceptually rich explanatory schema with which to model the nature of organisms. (shrink)

The aim of this article is to report the results of therapy sessions conducted with survivors of an earthquake that struck Luku Township in Nantou County, central Taiwan, in September 1999. The sessions explored survivors’ feelings, interactions, and interpretations of the crisis, as well as their roles in post-earthquake relief efforts. The participants were teachers and administrators from four primary schools. The results indicated three distinct forms of caring, namely: encumbered caring, connected caring, and reflected caring. The findings were used (...) to construct a framework for caregiver self-monitoring. They also suggest that therapy groups provide an inner space that self-regulates the frustrations arising from this type of experience, for both caregivers and survivors. The intrasubjective and intersubjective dialogues within the groups are essentially reflective practices for improving services and generating new knowledge about medical ethics. (shrink)

A recent development in biology has been the growing acceptance that holobionts, entities comprised of symbiotic microbes and their host organisms, are widespread in nature. There is agreement that holobionts are evolved outcomes, but disagreement on how to characterize the operation of natural selection on them. The aim of this paper is to articulate the contours of the disagreement. I explain how two distinct foundational accounts of the process of natural selection give rise to competing views about evolutionary individuality.

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

The author examines some Confucian-trained Tokugawa Japanese scholars who were concerned about the deleterious impact of Buddhism on native Shinto thought and practice. Several leading Confucian-trained scholars appealed to Zhu Xi’s thought in various ways to reinforce and preserve Shintoism and its original spirit.

Studying the neural correlates of conscious awareness depends on a reliable comparison between activations associated with awareness and unawareness. One particularly difficult confound to remove is task performance capacity, i.e. the difference in performance between the conditions of interest. While ideally task performance capacity should be matched across different conditions, this is difficult to achieve experimentally. However, differences in performance could theoretically be corrected for mathematically. One such proposal is found in a recent paper by Lamy, Salti and Bar-Haim [Lamy (...) D, Salti M, Bar-Haim Y. Neural correlates of subjective awareness and unconscious processing: an ERP study. J Cognitive Neurosci 2009,21:1435-46], who put forward a corrective method for an electroencephalography experiment. We argue that their analysis is essentially grounded in a version of High Threshold Theory, which has been shown to be inferior in general to Signal Detection Theory. We show through a series of computer simulations that their correction method only partially removes the influence of perfor- mance capacity, which can yield misleading results. We present a mathematical correction method based on Signal Detection Theory that is theoretically capable of removing performance capacity confounds. We discuss the limitations of mathemati- cally correcting for performance capacity confounds in imaging studies and its impact for theories about consciousness. (shrink)

Philosophy is presented in a wide range of forms, none of which can be convincingly claimed to be the “genuine” one. Historically speaking, there is not one “proper” way of doing philosophy, evidencing what may be called the social contingency of philosophy. This paper aims to provide a “critical” philosophy of today, in the Kantian sense of a philosophy that reflects on the conditions of its possibility, and thereby acknowledges the limitations they impose. Conceptually, our approach is grounded in Niklas (...) Luhmann’s social systems theory, in which “functional differentiation” and “second-order observation” are two crucial characteristics of modern society. The paper discusses how presentations of philosophy align themselves with the second-order observation mechanisms of the specific social systems in which they are “hosted.” This paper deals in particular with two such systems: academics and social media. These forms of presenting philosophy produce two different kinds of philosophy presenters: the expert and the influencer. (shrink)

Among mycologists, questions persist about what entities should be treated as the fundamental units of fungal populations. This article articulates a coherent view about populations of heterokaryotic fungi and the individuals that comprise them. Using Godfrey-Smith’s minimal concept of a Darwinian population, I argue that entities at two levels of the biological hierarchy satisfy the minimal concept in heterokaryotic fungi: mycelia and nuclei. I provide a preliminary answer to the question of how to understand the relation between these two populations. (...) This article contributes to discussions about the nature of biological individuality, organismality, and evolutionary transitions. (shrink)

Preparative and analytical methods developed by separation scientists have played an important role in the history of molecular biology. One such early method is gel electrophoresis, a technique that uses various types of gel as its supporting medium to separate charged molecules based on size and other properties. Historians of science, however, have only recently begun to pay closer attention to this material epistemological dimension of biomolecular science. This paper substantiates the historiographical thread that explores the relationship between modern laboratory (...) practice and the production of scientific knowledge. It traces the historical development of gel electrophoresis from the mid-1940s to the mid-1960s, with careful attention to the interplay between technical developments and disciplinary shifts, especially the rise of molecular biology in this time-frame. Claiming that the early 1950s marked a decisive shift in the evolution of electrophoretic methods from moving boundary to zone electrophoresis, I reconstruct various trajectories in which scientists such as Oliver Smithies sought out the most desirable solid supporting medium for electrophoretic instrumentation. Biomolecular knowledge, I argue, emerged in part from this process of seeking the most appropriate supporting medium that allowed for discrete molecular separation and visualization. The early 1950s, therefore, marked not only an important turning point in the history of separation science, but also a transformative moment in the history of the life sciences as the growth of molecular biology depended in part on the epistemological access to the molecular realm available through these evolving technologies. (shrink)

The collapse of the Weimar Republic remains central to the history of the 20th century and to contemporary debates on 'classical modernity' and its Europe-wide crisis in the wake of the First World War. The present issue of Thesis Eleven focuses on three dimensions of the Weimar crisis: the experience of fundamental societal crisis and closure and its diagnostic power in relation to the rise of fascist movements; the cognitive and normative resources that sought to work against this crisis-ridden sense (...) of closure; and third, the degree to which these counter tendencies anticipate postmodern interrogations of the premises of classical modernity. (shrink)

Criticism of ‘the West’ and of ‘Western civilization’ in Germany in the early 20th century is generally most familiar today as a conservative force of the age. It is well-known that at the outbreak of war in August 1914 a longstanding German complex of resentment of the Western European powers exploded in a call to arms. Yet it needs to be stressed that not all prominent German bourgeois writers endorsed a wholly militant reading of the motif of German national-cultural ‘protest (...) at the West’. By 1918 an array of voices could come to discern another kind of salient work of contention that refused apology for any kind of violent Kulturkrieg. The thesis defended in this article is that in sophisticated humanistic writing of the era, a German mood of antagonism with the West represents not a regressive ideology but the productive and intelligent outcome of a longstanding preeminence of philosophical questioning in German academic life since the later 19th century about European world pictures and their claims to universal validity on the stage of world history. A range of statements are shown here to anticipate debates of the present day about ‘late’, ‘reflexive’ or ‘post-Eurocentric’ conditions of Western modernity. (shrink)

From his own experience the author has found that searching and finding out that God has created a perfect world/universe relieves him of the stress and pressure of being in a world/universe of total confusion and turmoil while trying to make sense out of his daily struggles of living.

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

The influence of J. L. Austin on contemporary philosophy was substantial during his lifetime, and has grown greatly since his death, at the height of his powers, in 1960. Philosophical Papers, first published in 1961, was the first of three volumes of Austin's work to be edited by J. O. Urmson and G. J. Warnock. Together with Sense and Sensibilia and How to do things with Words, it has extended Austin's influence far beyond the circle who knew (...) him or read the handful of papers he published in journals. (shrink)

Business schools play an instrumental role in laying the foundations for ethical behavior and socially responsible actions in the business community. Drawing on social learning and identity theories and using data collected from undergraduate business students, we found that ethical climate was a significant predictor of unethical behavior, such that students with positive perceptions about their business school’s ethical climate were more likely to refrain from unethical behaviors. Moreover, we found that high moral and institutional identities strengthened the effect of (...) ethical climate on unethical behavior. In addition to novel theoretical contributions to the business ethics and socio-psychology literature, this study offers practical pathways through which business schools can nurture and instill the values and behaviors that ultimately help shape positive organizational ethics. Directions for future research are provided. (shrink)

Side effects are ubiquitous in medicine and they often play a role in treatment decisions for patients and clinicians alike. Philosophers and health researchers often use side effects to illustrate issues with contemporary medical research and practice. However, technical definitions of ‘side effect’ differ among health authorities. Thus, determining the side effects of an intervention can differ depending on whose definition we assume. Here I review some of the common definitions of side effect and highlight their issues. In response, I (...) offer an account of side effects as jointly (i) unintended and (ii) effects due to the causal capacities or invariances of an intervention. I discuss (i) by examining the intentions or reasons behind therapeutic interventions, and I discuss (ii) by appealing to a manipulationist model of causation. The analysis here highlights that side effects are conceptually distinct from related outcomes like adverse events, adverse drug reactions, and placebo effects. The analysis also allows for reflection on the utility of ‘side effect’ as a technical term in medical research and practice. (shrink)

Young migrants have been the major migrant labor force in urban China. But they may be more vulnerable in quality of life and mental health than other groups, due to their personal characteristic and some social/community policies or management measures. It highlights the need to focus on psychological wellbeing and probe driving and reinforcing factors that influence their mental health. This study aimed to investigate the influence of subjective/objective status and possible pathways of young migrants’ life satisfaction and psychological distress. (...) Data on 9838 young migrants in the China Migrants Dynamic Survey were analyzed by LISREL 8.8. A total of 94.03% migrated for jobs or business. Subjective status, including subjective socioeconomic status, social adaptation, and psychological integration, had positive effects on life satisfaction, whereas social adaptation and psychological integration negatively affected psychological distress. Objective status, including objective socioeconomic status and health insurance, had adverse effects on life satisfaction, whereas they positively affected psychological distress. Social participation and city belonging had only significant positive mediating roles on life satisfaction. It is essential to increase social adaptation and decrease integration stress according to younger internal migrants’ practical needs. It is also necessary to enhance community/social resources and activities in the context of developing sustainability in the community to assist in mental health promotion. (shrink)

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that (...) the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. (shrink)

This book is the one to put into the hands of those who have been over-impressed by Austin 's critics....[Warnock's] brilliant editing puts everybody who is concerned with philosophical problems in his debt.

Corporate social responsibility involvement and disclosure has been becoming increasingly popular among US public firms, including those that qualify as real estate investment trusts. This paper aims to discover the relationship between CSR involvement and potential determinants such as growth opportunities, profitability, visibility, and agency costs. Types of CSR involvement are assessed in terms of environmental, community, and governance disclosures and are quantified using word count from the company’s voluntary disclosure. Our results support the hypothesis that CSR has a strategic (...) element and that REITs have greater CSR involvement when they have greater growth and investment opportunities. When the type of disclosure is broken into subcategories, the results show that not all dimensions of CSR are alike: environmental, community, and governance CSR disclosures appear to be motivated by different sets of incentives and reasons. (shrink)

This study considers the role of epistemic turning points in the historiography of sexuality. Disentangling the historical complexity of scientia sexualis, I argue that the late 19th century and the mid-20th century constitute two critical epistemic junctures in the genealogy of sexual liberation, as the notion of free love slowly gave way to the idea of sexual freedom in modern western society. I also explore the value of the Foucauldian approach for the study of the history of sexuality in non-western (...) contexts. Drawing on examples from Republican China (1912—49), I propose that the Foucauldian insight concerning the emergence of a ‘homosexual identity’ in the West can serve as a useful guide for thinking about similar issues in the history of sexuality and the historical epistemology of sexology in modern East Asia. (shrink)

Eukaryogenesis is widely viewed as an improbable evolutionary transition uniquely affecting the evolution of life on this planet. However, scientific and popular rhetoric extolling this event as a singularity lacks rigorous evidential and statistical support. Here, we question several of the usual claims about the specialness of eukaryogenesis, focusing on both eukaryogenesis as a process and its outcome, the eukaryotic cell. We argue in favor of four ideas. First, the criteria by which we judge eukaryogenesis to have required a genuinely (...) unlikely series of events 2 billion years in the making are being eroded by discoveries that fill in the gaps of the prokaryote:eukaryote “discontinuity.” Second, eukaryogenesis confronts evolutionary theory in ways not different from other evolutionary transitions in individuality; parallel systems can be found at several hierarchical levels. Third, identifying which of several complex cellular features confer on eukaryotes a putative richer evolutionary potential remains an area of speculation: various keys to success have been proposed and rejected over the five-decade history of research in this area. Fourth, and perhaps most importantly, it is difficult and may be impossible to eliminate eukaryocentric bias from the measures by which eukaryotes as a whole are judged to have achieved greater success than prokaryotes as a whole. Overall, we question whether premises of existing theories about the uniqueness of eukaryogenesis and the greater evolutionary potential of eukaryotes have been objectively formulated and whether, despite widespread acceptance that eukaryogenesis was “special,” any such notion has more than rhetorical value. (shrink)

McCoy and colleagues (2023) offer a reflective framework for data ethics and governance with several historical bioethics principles as a foundation. Their framework is one among a plethora of othe...

Research on the unrepresentability of death in Samuel Beckett’s oeuvre abound in Beckett scholarship, but little attention has been given to the artist’s representation of caregiving to the dying in his plays. With reference to Martin Heidegger’s concept of _care_ and Albert Camus’s idea of the _absurd_, this article analyzes _Endgame_ (1957) and _Footfalls_ (1976) by attending to Beckett’s dramatic representation of caregiving as undergirded by a sense of its absurdity. The almost 20-year gap between the writing of both plays (...) highlights the development of an understanding that this sense of absurdity is never about the caregiver’s questioning of one’s obligation to the dependent but about how one chooses to respond to caregiving as an absurd predicament. The pertinence of such a representation of caregiving by Beckett lies in its poignant articulation of a complex experience that is often left unexpressed by caregivers who prioritize their dependent loved ones over themselves. (shrink)

Historians and philosophers of science have furnished a wide array of theoretical-historiographical terms to emphasize the discontinuities among different systems of knowledge. Some of the most famous include Thomas Kuhn’s “paradigm”, Michel Foucault’s “episteme”, and the notion of “styles of reasoning” more recently developed by Ian Hacking and Arnold Davidson. This paper takes up this theoretical-historiographical thread by assessing the values and limitations of the notion of “style” for the historical and philosophical study of science. Specifically, reflecting on various methodological (...) and theoretical concerns prompted by sexuality, translation, and East Asian studies, this paper argues that the heretofore ways in which historians and philosophers of science have used the notion of “style” are severely restricted in terms of its mere applicability to the intellectual history of Western science. The particular example of the translation of “homosexuality” into Chinese during the May Fourth era reveals that the notion of “style” has the potential of carrying a much more dynamic conceptual weight, as when used in “styles of argumentation”. The paper also engages briefly with the historiography of scientific “national styles” and ends with some concluding remarks on the limitations of “social histories from below” and the under appreciated importance of “epistemological histories of possibilities”. (shrink)