The American Society for Bioethics and Humanities is now proposing a process whereby the role and authority of clinical ethics consultants can be legitimated. Without regulation and oversight, the field lacks validity and accountability. ASBH has sought to remedy the lack of uniform standards and accreditation by publishing Core Competencies in Health Care Ethics Consultation and an education guide, and now by proposing a “quality attestation process,” situated between national certification processes and local credentialing practices, to “attest to the skills (...) and ability of properly trained and competent clinical ethicists.” If the process is successful, a cadre of certified clinical ethics consultants will emerge. Before the dawn of this new era, it is worth pausing to consider the adequacy of the quality attestation process itself and how it will affect the current world of clinical ethics consultants. Ethics consultations are often done by a multidisciplinary team, and the consult note is a compilation or synthesis of the work of the team. If the evidence required to attest to one's quality as an ethics consultant is to bear on one's ability to work with a team and present an integrated consult note, then these notes are relevant. If, however, the evidence is to bear on the quality of one's own work, then the evidence is inconclusive at best, fraudulent at worst. The quality attestation process seems to be predicated on the individual ethics consultant model, which may not jibe with the realities of ethics consultation. There may be more than one way to demonstrate one's competence, and there may be more than one competency to demonstrate. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

The work that we have the honour to present here in its first Italian translation is a short essay published by Carl Schmitt in the first half of the ‘10s in the German Journal Die Rheinlande and titled Don Quixote and the public. A very brief but at the same time dense piece of literary criticism in which the future Kronjurist of the Third Reich, in those years still engaged in his legal practice, offers to the readers a juvenile (...) proof of his vastly and heterogeneous interests, trying to determine which is the proper interpretation of the renowned masterpiece of Miguel de Cervantes: Don Quixote of the Mancha. A juvenile work, therefore, in which Schmitt, as we will try to highlight in the introduction that accompanies the translation, offers an interpretation of the novel and particularly of its main character focusing on the contraposition between the level of the simple reading and that of erudite valorisation, applying a methodology similar to that he used in the coeval Law and Judgement that in some ways anticipate the critique of Romanticism that he will develop just a few years later in Political Romanticism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a performative.... (...) There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

The most recent challenge to the covering-law model of explanation charges that the fundamental explanatory laws are not true. In fact explanation and truth are alleged to pull in different directions. We hold that this gets its force from confusing issues about the truth of the laws in the explanation and the precision with which those laws can yield an exact description of the event to be explained. In defending this we look at Cartwright's major case studies and sketch an (...) amended covering-law model of explanation. (shrink)

The covering law model of explanation has a staying power not even to be outdone by Lazarus. For at least forty years, writer after writer has tried to put it in its grave for the last time. The most recent efforts come from Nancy Cartwright (1983). Her slant is at once modern and old fashioned. It is modern in that unlike the familiar charge that the covering law model lets in too much, her charge is that it does not let (...) in enough. It is old fashioned in that the soft spot she presses is one recognized by Hempel and Oppenheim in their classical essay. (1948, p. 248).Cartwright challenges the requirement that the sentences constituting the explanans (in particular the law or laws) must be true. (shrink)

Several years ago, the University of Minnesota hosted a lecture by Alan Milstein, a Philadelphia attorney specializing in clinical trial litigation. Milstein, who does not mince words, insisted on calling research studies “experiments.” “Don't call it a study,” Milstein said. “Don't call it a clinical trial. Call it what it is. It's an experiment.” Milstein's comments made me wonder: when was the last time I heard an ongoing research study described as a “human experiment”? The phrase is now almost always (...) associated with abuses. Asking a prospective subject to sign up for a medical experiment would probably get roughly the same response as asking him or her to sign up for a police interrogation. It wasn't always this way. In the early days of American bioethics, scholars used the word “experimentation” in the same neutral way that they later began to use “research study” and “clinical trial.”. (shrink)

The most recent challenge to the covering-law model of explanation (N. Cartwright, How the laws of Physics Lie) charges that the fundamental explanatory laws are not true. In fact explanation and truth are alleged to pull in different directions. We hold that this gets its force from confusing issues about the truth of the laws in the explanation and the precision with which those laws can yield an exact description of the event to be explained. In defending this we look (...) at Cartwright's major case studies and sketch an amended covering-law model of explanation. (shrink)

Impossible objects are those about which the philosopher, narrowly conceived, can hardly speak: poetry, film, music, humor. Such "objects" do not rely on philosophy for interpretation and understanding; they are already independent practices and sites of sensuous meaning production. As Elvis Costello has said, "writing about music is like dancing about architecture." We don't need literary theory in order to be riveted by the poem, nor a critic's analysis to enjoy a film. How then can philosophy speak about anything outside (...) of itself, namely all of those things which actually matter to us in this world? In Impossible Objects, Simon Critchley - one of the most influential and insightful philosophers writing today - extends his philosophical investigation into non-philosophical territories, including discussions on tragedy, poetry, humor, and music. In a series of engaging and enlightening conversations, Critchley reflects on his early work on the ethics of deconstruction; the recurring themes of mortality and nihilism; his defense of neo-anarchism; and his recent investigation into secular faith, or "a faith of the faithless". Essential reading for artists, academics, and general readers alike, this book explores the relationship between the philosophical world and those complex and fascinating "impossible objects" which give life meaning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wittgenstein on Non-Mediative CausalityJames C. KlaggeIn the late autumn of 1947 Wittgenstein dictated a selection of manuscript material to a typist1 that contains some remarks so striking that they merit extensive quotation:903. No supposition seems to me more natural than that there is no process in the brain correlated with associating or with thinking; so that it would be impossible to read off thought-processes from brain-processes. I mean this: (...) if I talk or write there is, I assume, a system of impulses going out from my brain and correlated with my spoken or written thoughts. But why should the system continue further in the direction of the centre? Why should this order not proceed, so to speak, out of chaos? The case would be like the following—certain kinds of plants multiply by seed, so that a seed always produces a plant of the same kind as that from which it was produced—but nothing in the seed corresponds to the plant which comes from it; so that it is impossible to infer the properties or structure of the plant from those of the seed that it comes out of—this can only be done from the history of the seed. So an organism might come into being even out of something quite amorphous, as it were causelessly; and there is no reason why this should not really hold for our thoughts, and hence for our talking and writing. (Zettel 608)904. It is thus perfectly possible that certain psychological phenomena cannot be investigated physiologically, because physiologically nothing corresponds to them. (Z 609)905. I saw this man years ago; now I have seen him again, I recognize him, I remember his name. And why does there have to be a cause of this remembering in my nervous system? Why must something or other, whatever it may be, be stored-up there in any form? Why must a trace have been left behind? Why should there not be a psychological regularity to which no physiological regularity corresponds? If this upsets our concepts of causality, then it is high time they were upset. (Z 610) [End Page 653]906. The prejudice in favor of psycho-physical parallelism is also a fruit of the primitive conception of grammar. For when one admits a causality between psychological phenomena, which is not mediated physiologically, one fancies that in doing so one is making an admission of the existence of a soul alongside the body, a ghostly soul-nature. (cf. Z 611)909. Why should not the initial and terminal states of a system be connected by a natural law, which does not cover the intermediary state? (Only don’t think of efficacy/influence [Wirkung]!) (Z 613)918. …Well—but now that the structure of the eye is known—how does it come about that we act, react, in this way? But must there be a physiological explanation here? Why don’t we just leave explaining alone?—But you would never talk like that, if you were examining the behavior of a machine!—Well, who says that a living creature, an animal body, is a machine in this sense?— (Z 614)Lest you think, or hope, these ideas were just a passing fancy of Wittgenstein’s, it is worth noting that these passages were among the ones that he cut from this typescript to save in a box and rearrange and perhaps revise for future use. They were published posthumously as Zettel.2What are we to make of these striking ideas? Do they hint at “mystical vitalism”? Is there an intellectual trajectory along which they can be located and appreciated, even if perhaps ultimately rejected? Or is he simply making a “natural” objection to reductionism about memory?3In an earlier publication I briefly offered a motivation for these views,4 but I now have more to say and wish to try again. Earlier I saw these passages primarily in relation to Wittgenstein’s other views about mental phenomena, but I now think something can be gained by seeing them in relation to his views about causality. Unfortunately causality is not a topic about which Wittgenstein had... (shrink)

How might recognizing the literary influences behind political concepts shift our understanding of their meaning? This article explores how Miguel de Cervantes’s Don Quixote shaped political concepts in the thought of the German jurist and Nazi Carl Schmitt. It does so by tracking Schmitt’s reflections on the Quixote throughout his oeuvre, from his early literary writings to his postwar book on Hamlet. Far from a curiosity, Schmitt’s scattered reflections on the Quixote show the extent to which his foundational political (...) concepts of myth and the public have their roots in literary analysis, challenging Schmitt’s own account of the nonpolitical role of aesthetics in The Concept of the Political. (shrink)

ExcerptCarl Schmitt (1888–1985) is known as the most consequential German legal and political mind of the twentieth century.1 Many crimes of the Nazi regime found support in his conceptual justifications, and Schmitt is called the “Crown Jurist” of the Third Reich with good reason. Historians, political scientists, and sociologists must grapple with the author in order to understand the course of totalitarianism in modernity. Whether literary historians should do so is far less settled, though he was fascinated by their object (...) of study. His writings on literary topics are said to reveal much about Schmitt’s person, politics, and period, but little about literature itself.2 This explains why his “Don Quijote und das Publikum” (“Don Quixote and the Public”), published in the arts and cultural journal Die Rheinlande in 1912, was almost unknown in literary studies for a century.3 Schmitt’s text on the novel by Miguel de Cervantes has not been reprinted, and until recently it had not been translated from the original German. Size has a role too. At under two thousand words, the text has probably escaped notice due to its small scale.4 Recent English and Italian translations in major humanistic journals may signal the end of its obscurity though.5 “Don Quixote and the Public” is at the door of literary studies. The question now is not whether to respond, but how. (shrink)

The relationship between metaphysics and psychology has different dimensions. An emblematic example of this relationship is the literary polemics between Martin Buber and Carl Jung about boundaries between the two areas of scientific knowledge. According to Buber, Jung allows himself to cross the border of psychology and psychiatry through metaphysical assertions, while Yung claims he doesn’t go beyond that, and all his speeches, even about transcendent objects, don’t leave the sphere of empiricism. The purpose of this article is to (...) reconstruct this dialogue and critically analyze it in view of the possibilities of thinking of the transcendence. (shrink)

Carl Hempel1 set the tone for subsequent philosophical work on scientific explanation by resolutely locating the problem he wanted to address outside of epistemology. “Hempel’s problem,” as I will call it, was not to say what counts as evidence that X is the explanation of Y. Rather, the question was what it means for X to explain Y. Hempel’s theory of explanation and its successors don’t tell you what to believe; instead, they tell you which of your beliefs (if (...) any) can be said to explain a given target proposition. (shrink)

Carl Menger’s Principles of Economics published in 1871 is usually regarded as the founding document of the Austrian School of economics. Many of the School’s prominent representatives, including Friedrich Wieser, Eugen Böhm-Bawerk, Ludwig Mises, Hans Mayer, Friedrich August Hayek, Fritz Machlup, Oskar Morgenstern, and Gottfried Haberler, as well as Israel Kirzner, Ludwig Lachmann, Murray Rothbard, and Don Lavoie, advanced and modified Menger’s research program in sometimes conflicting ways. Yet, some characteristics of the Austrian School remain (nearly) consensual from its (...) foundation through to contemporary neo-Austrian economists. In eight sections, we will briefly discuss some of the philosophical and methodological characteristics of Austrian economics: Austrian action theory and interpretative understanding, a relatively thoroughgoing subjectivism, methodological individualism, ontological individualism, apriorism, essentialism, an often overstated rejection of formal methods, and alertness to economic semantics. (shrink)

Carl Menger’s Principles of Economics, published in 1871, is usually regarded as the founding document of the Austrian School of economics. Many of the School’s prominent representatives, including Friedrich Wieser, Eugen Böhm-Bawerk, Ludwig Mises, Hans Mayer, Friedrich August Hayek, Fritz Machlup, Oskar Morgenstern, and Gottfried Haberler, as well as Israel Kirzner, Ludwig Lachmann, Murray Rothbard, Don Lavoie, and Peter Boettke, advanced and modified Menger’s research program in sometimes conflicting ways. Yet, some characteristics of the Austrian School remain (nearly) consensual (...) from its foundation through to contemporary neo-Austrian economists. In eight sections, we will briefly discuss some of the philosophical and methodological characteristics of Austrian economics: Austrian action theory and interpretative understanding, a relatively thoroughgoing subjectivism, methodological individualism, ontological individualism, apriorism, essentialism, an often overstated rejection of formal methods, and alertness to economic semantics. (shrink)

The unique role of the second derivative of position with respect to time in classical mechanics is investigated. It is indicated that mechanics might have been developed around other order derivatives. Examples based on $\overset \ldots \to{x}$ and $\overset....\to{x}$ are presented. Kirchhoff's argument for using ẍ is given and generalized.

The culture concept used in the indigenous psychologies is important since these psychologies aim to be rooted in the local culture of the research participants. Culture is an empirical phenomenon. Thus, the extent to which meaning content is shared in a society, and by what categories of people, is an empirical issue. It should not be solved by default by the use of a culture concept that assumes that all cultural content is shared. The philosophical and pragmatic?political reasons suggested by (...) Hwang and Liu are not convincing enough to change this conclusion. Moreover, irrespective of the cultural concept used, it is imperative that the researcher has empirically informed him/herself about the cultural understanding of the participants in the study. Finally, the indigenous psychologies are not intrinsically allied with the nation state and need to be seen as a part of cross?cultural psychology. (shrink)

The clash between religious freedom and equality for lesbians and gay men has become a controversial legal issue in the United Kingdom. Increasingly, claims are made that compliance with anti-discrimination norms impacts upon conscientious, faith-based objectors to same-sex sexual acts. This article explores this issue and draws insights from North American case law, where this question has been considered in the context of competing constitutional rights. It raises far-reaching issues concerning the distinction between belief and practice, as well as the (...) role of identity in the public sphere. The author advocates that courts and tribunals should adopt a fact-specific approach which is sensitive to the rights in a particular context, and which focuses upon the values of accommodation, tolerance and mutual respect. (shrink)

This book approaches ethical and legal issues in medicine from the patient's viewpoint and argues that many patients do not want the full burden of decision making that contemporary bioethics has thrust upon them.

Since the publication of Listening to Prozac there have been many debates about how and why Prozac and other similar drugs are prescribed. The articles that follow take up debates about what conditions such drugs can and should address, questions about authenticity in using drugs for psychic well‐being, and concerns about what means we morally endorse in projects of self‐creation. The contributions from Carl Elliott, Peter Kramer, James Edwards, and David Healy derive from a project supported by the Social (...) Sciences and Humanities Research Council of Canada, “Enhancement Technologies and Human Identity.” Psychiatry, like the Prozac it prescribes, aims to enhance the patient's internal psychic well‐being. Yet what ails many may be not an internal state like depression or anxiety, but alienation. And the experts of the self to whom we turn cannot “cure” our collective form of life in which alienation takes root. (shrink)

In The Rules of Insanity, Carl Elliott draws on philosophy and psychiatry to develop a conceptual framework for judging the moral responsibility of mentally ill offenders. Arguing that there is little useful that can be said about the responsibility of mentally ill offenders in general, Elliott looks at specific mental illnesses in detail; among them schizophrenia, manic-depressive disorders, psychosexual disorders such as exhibitionism and voyeurism, personality disorders, and impulse control disorders such as kleptomania and pyromania. He takes a particularly (...) hard look at the psychopath or sociopath, who many have argued is incapable of understanding morality. Making extensive use of psychiatric case histories, Elliott explores the various ways in which mental illness can affect a person's intentions and thus excuse him or her from moral responsibility. (shrink)

Carl Olson is Professor of Religious Studies at Allegheny College in Pennsylvania. His previous books include The Indian Renouncer and Postmodern Poison: A Cross-Cultural Encounter and The Theology and Philosophy of Eliade: A Search for the Centre.

In this article, I critically respond to Herbert Gintis's criticisms of the behavioral-economic foundations of Ken Binmore 's game-theoretic theory of justice. Gintis, I argue, fails to take full account of the normative requirements Binmore sets for his account, and also ignores what I call the ‘scale-relativity’ considerations built into Binmore 's approach to modeling human evolution. Paul Seabright's criticism of Binmore, I note, repeats these oversights. In the course of answering Gintis's and Seabright's objections, I clarify and extend Binmore (...) 's theory in a number of respects, integrating it with Kim Sterelny's and Don Ross's recent work on the evolution of people as cultural entities. The account also yields a novel basis for choosing between socialism and what Binmore calls ‘whiggery’ as normative political programs. Key Words: theory of justice • bargaining theory • evolutionary game theory • human evolution • Ken Binmore • Herbert Gintis • Kim Sterelny. (shrink)

The neural structures of the brain exist to construct information. They do this by creating concepts that relate internal, personal need to external, environmental reality. Meaning is formed in the brain by neural network patterns that traverse these two structures of experience: the visceral nervous system and the somatic nervous system. How exactly does the brain get from constructing information to creating meaning, and what can this process tell us about the nature of experience? This book addresses both of these (...) questions, making an important contribution to both neuroscience and philosophy. (shrink)

Over two decades ago, Davids et al. (1994) and Handford et al. (1997) raised theoretical concerns associated with traditional, reductionist, mechanistic perspectives of movement coordination and skill acquisition for sport scientists interested in practical applications for training designs. These seminal papers advocated an emerging consciousness grounded in an ecological approach, signalling the need for sports practitioners to appreciate the constraints-led, deeply entangled and non-linear reciprocity between the organism (performer), task and environment subsystems. Over two decades later, the areas of skill (...) acquisition, practice and training design, performance analysis and preparation, and talent development in sport science have never been so vibrant in terms of theoretical modelling, knowledge generation and innovation, and technological deployment. Viewed at an ecological level of analysis, the work of sports practitioners has progressively transitioned toward the facilitation of an evolving relationship between an organism (athlete, team) and its environment (sports competition). This commentary sets out to explore how these original ideas from Davids et al. (1994) and Handford et al. (1997) have been advanced through the theoretical lens of Ecological Dynamics. Concurrently, we provide case study exemplars, from applied practice in high-performance sports organisations, to illustrate how these contemporary perspectives are shaping the work of sports practitioners (sport ecology designers) in practice and performance preparation. (shrink)