Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

In this article, I look at the role of appeals to the emotions in criminal law defences. A position commonly held is that appeals to the emotions can excuse but cannot justify. However, we should be careful that this view does not rest on too simple and non-cognitive a view of the emotions. I contrast a simple picture, according to which action from emotion involves loss of rational control, with the more Aristotelian picture recently offered by RA Duff. I then (...) look at John Gardner’s theory of excuses, which seeks to avoid the non-cognitive account of action from emotion as loss of rational control, but nevertheless denies that reference to the emotions can even partially justify. I argue that what is at issue between Gardner and Duff is what Gardner calls the ‘no-difference’ thesis, namely that the reasons that count in favour of an emotion count also in favour of action done from that emotion. I conclude that Gardner has not yet explained why we should reject the no-difference thesis. (shrink)

It has recently been suggested that Merleau-Ponty’s position in Phenomenology of Perception is a unique form of transcendental idealism. The general claim is that in spite of his critique of “Kantianism,” Merleau-Ponty’s position comes out as a form of transcendental idealism that takes the perceptual processes of the lived body as the transcendental constituting condition for the possibility of experience. In this article I critically appraise this claim. I argue that if the term “idealist” is intended in a sufficiently similar (...) sense to Kant’s usage of the term in naming his position as a “transcendental idealism” then it is a misrepresentation to subsume Merleau-Ponty’s position under that term. This is because Merleau-Ponty rejects the transcendental metaphysics of the reflecting subject that underpins transcendental idealism. In its place he advocates a methodological transcendentalism that, whilst being anti-realist, is not idealist. Thus to call his position “a new kind of transcendental idealism,” as Sebastian Gardner has, is to misunderstand the significance of his existentialist break with what he sees as the “intellectualism” of this position. (shrink)

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

In an age where issues like climate change and the unintended consequences of technological innovation are high on the ethical and political agenda, questions about the nature and extent of our responsibilities to future generations have never been more important, yet simultaneously so difficult to answer. This book takes a unique approach to the problem by drawing on diverse traditions of thinking about care (including developmental psychology, phenomenology and feminist ethics) to explore the nature and meaning of our relationship with (...) the future. Demonstrating that many influential perspectives on intergenerational ethics, including positions advanced by John Rawls, Brian Barry, and Ulrich Beck are undermined by problems relating to uncertainty, it shows that an approach based on care ethics can confront the uncertain future successfully and give a viable account of the nature and scope of future-oriented responsibilities. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

The _Analects_ is a compendium of the sayings of Confucius (551-479 b.c.e.), transcribed and passed down by his disciples. How it came to be transformed by Zhu Xi (1130-1200) into one of the most philosophically significant texts in the Confucian tradition is the subject of this book. Scholarly attention in China had long been devoted to the _Analects._ By the time of Zhu Xi, a rich history of commentary had grown up around it. But Zhu, claiming that the _Analects_ was (...) one of the authoritative texts in the canon and should be read before all others, gave it a still more privileged status in the tradition. He spent decades preparing an extended interlinear commentary on it. Sustained by a newer, more elaborate language of metaphysics, Zhu's commentary on the _Analects_ marked a significant shift in the philosophical orientation of Confucianism--a shift that redefined the Confucian tradition for the next eight centuries, not only in China, but in Japan and Korea well. Gardner's translations and analysis of Zhu Xi's commentary on the _Analects_ show one of China's great thinkers in an interesting and complex act of philosophical negotiation. Through an interlinear, line-by-line "dialogue" with Confucius, Zhu effected a reconciliation of the teachings of the Master, commentary by later exegetes, and contemporary philosophical concerns of Song-dynasty scholars. By comparing Zhu's reading of the _Analects_ with the earlier standard reading by He Yan (190-249), Gardner illuminates what is dramatically new in Zhu Xi's interpretation of the _Analects._ A pioneering study of Zhu Xi's reading of the _Analects,_ this book demonstrates how commentary is both informed by a text and informs future readings, and highlights the importance of interlinear commentary as a genre in Chinese philosophy. (shrink)

This chapter defends a deontological approach to both the non-identity problem and what is referred to as the “inconsequentiality problem.” Both problems arise in cases where, although the actions of presently living people appear to have harmful consequences for future people, it is difficult to explain why there are moral reasons against such actions. The deontological response to both problems appeals to a distinction between causal and non-causal consequences. By acknowledging the moral importance of such a distinction, deontologists can vindicate (...) the judgment that, collectively and individually, we have harm-based reasons against bringing about bad consequences for future people. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

Suppose we believe that God created the world. Then surely we want it to be the case that he intended, in some sense at least, to create THIS world. Moreover, most theists want to hold that God didn't just guess or hope that the world would take one course or another; rather, he KNEW precisely what was going to take place in the world he planned to create. In particular, of each person P, God knew that P was to exist. (...) Call this the "standard" conception. Most theists find the standard conception appealing. Unfortunately, the view seems to conflict with the equally appealing idea — call it "temporal actualism" — that there are no "future" individuals beyond those that already exist in the present moment. For, on this view, for any historical person P, prior to creation, there was no such person as P and hence nothing about P for God to know. Hence, in particular, God couldn't have known that P was to exist. This is of course not a new problem. But past solutions to it are highly problematic. In this paper, after canvassing previous approaches, I will propose a solution that seems to preserve both temporal actualism and a suitably robust form of the standard conception while avoiding the pitfalls of the past. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

Aristotle attaches particular significance to the homonymy of many central concepts in philosophy and science: that is, to the diversity of ways of being common to a single general concept. His preoccupation with homonymy influences his approach to almost every subject that he considers, and it clearly structures the philosophical methodology that he employs both when criticizing others and when advancing his own positive theories. Where there is homonymy there is multiplicity: Aristotle aims to find the order within this multiplicity, (...) and believes that doing so is crucial to scientific inquiry and philosophical progress.Christopher Shields investigates and evaluates Aristotle's approach to questions about homonymy, characterizing the metaphysical and semantic commitments necessary to establish the homonymy of a given concept. Then, in a series of case-studies, Shields examines in detail some of Aristotle's principal applications of homonymy--to the body, sameness and oneness, life, goodness, and being. Shields's aim is not only to give a fuller understanding of Aristotle's methodology and to illuminate his specific doctrines in a variety of areas, but to show that this methodology remains fruitful today. (shrink)

Moral error theories are often rejected by appeal to ‘companions in guilt’ arguments. The most popular form of companions in guilt argument takes epistemic reasons for belief as a ‘companion’ and proceeds by analogy. I show that this strategy fails. I claim that the companions in guilt theorist must understand epistemic reasons as evidential support relations if her argument is to be dialectically effective. I then present a dilemma. Either epistemic reasons are evidential support relations or they are not. If (...) they are not, then the companions in guilt argument fails. If they are, then a reduction of epistemic reasons to evidential support relations becomes available and, consequently, epistemic reasons cease to be a viable ‘companion’ for moral reasons. I recommend this structure of argument over existing strategies within the literature and defend my claims against recent objections from companions in guilt theorists. (shrink)

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)

The paper provides a systematic overview of recent debates in epistemology and philosophy of science on the nature of understanding. We explain why philosophers have turned their attention to understanding and discuss conditions for “explanatory” understanding of why something is the case and for “objectual” understanding of a whole subject matter. The most debated conditions for these types of understanding roughly resemble the three traditional conditions for knowledge: truth, justification and belief. We discuss prominent views about how to construe these (...) conditions for understanding, whether understanding indeed requires conditions of all three types and whether additional conditions are needed. (shrink)

Miranda Fricker's important study of epistemic injustice is focussed primarily on testimonial injustice and hermeneutic injustice. It explores how agents' capacities to make assertions and provide testimony can be impaired in ways that can involve forms of distinctively epistemic injustice. My paper identifies a wider range of forms of epistemic injustice that do not all involve the ability to make assertions or offer testimony. The paper considers some examples of some other ways in which injustice can prevent someone from participating (...) in inquiry. (shrink)

The literature on the nature of understanding can be divided into two broad camps. Explanationists believe that it is knowledge of explanations that is key to understanding. In contrast, their manipulationist rivals maintain that understanding essentially involves an ability to manipulate certain representations. The aim of this paper is to provide a novel knowledge based account of understanding. More specifically, it proposes an account of maximal understanding of a given phenomenon in terms of fully comprehensive and maximally well-connected knowledge of (...) it and of degrees of understanding in terms of approximations to such knowledge. It is completed by a contextualist semantics for outright attributions of understanding according to which an attribution of understanding is true of one just in case one knows enough about it to perform some contextually determined task. It is argued that this account has an edge over both its explanationist and manipulationist competitors. (shrink)

There is a moment when every child leaves color-blindness behind & enters the world of race consciousness. At that moment, there are two roads parents, educators, & therapists can take: they can follow the status quo, internalizing racial expectations, & become-consciously or unconciously-part of the problem. Or, they can question stereotypes, &, actively work against racism to become part of the solution. This book provides the tools we all need to become part of the solution. Beginning with racial segregation in (...) an integrated school situation, this book explores race relations & the development of racial identity from many different viewpoints. (shrink)

DMet 10: Prime matter is the origin of all quantities. Hence it is the origin of every dimension of continuous quantity whatever. ...

Do famous athletes have special obligations to act virtuously? A number of philosophers have investigated this question by examining whether famous athletes are subject to special role model obligations (Wellman 2003; Feezel 2005; Spurgin 2012). In this paper we will take a different approach and give a positive response to this question by arguing for the position that sport and gaming celebrities are ‘ambassadors of the game’: moral agents whose vocations as rule-followers have unique implications for their non-lusory lives. According (...) to this idea, the actions of a game’s players and other stakeholders—especially the actions of its stars—directly affect the value of the game itself, a fact which generates additional moral reasons to behave in a virtuous manner. We will begin by explaining the three main positions one may take with respect to the question: moral exceptionalism, moral generalism, and moral exemplarism. We will argue that no convincing case for moral exemplarism has thus far been made, which gives us reason to look for new ways to defend this position. We then provide our own ‘ambassadors of the game’ account and argue that it gives us good reason to think that sport and game celebrities are subject to special obligations to act virtuously. (shrink)

With the rise of place-based models of education, credence needs to be given to epistemological traditions that curate individual understandings of and relations to the social world (i.e., places). The epistemological traditions that have been shared across generations of North American settler colonialists are at the center of this article. The dominant epistemology of settler society provides racialized, anthropocentric, and capitalistic understandings of places. Relations to place are cultivated through particular conceptions of nature, private property, and personhood, which remain at (...) the epistemic foundation of Western society. These conceptions are concomitant to modes of domination like white supremacy and settler colonialism, and ultimately constitute an ideal white male settler actor. This article suggests that place-based education carries the potential to offer epistemic resistance to domination, but first needs to engage in a more comprehensive understanding of settler traditions of place. (shrink)