If there is a constitutional right to R, and a law L by its terms prohibits R,L cannot be validly applied to some person P’s exercise of R. For at least two reasons, however, most cases involving claims of constitutional right are substantially more difficult than this schematic example. First, lawmakers rarely act so brashly as to proscribe rights in so many words. 1 Second, even facially invalid laws typically include within their sweep much unprotected activity. 2.

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...) only recently begun to address the range of questions implicated by the Courtand they have generally focused on narrow doctrinal questions about the proper treatment of discrete rights such as abortion, free exercise of religion, and freedom of speech. The papers in this issue of LegalTheory and the next view these issues in a broader jurisprudential context. (shrink)

BioPortal is a Web portal that provides access to a library of biomedical ontologies and terminologies developed in OWL, RDF(S), OBO format, Protégé frames, and Rich Release Format. BioPortal functionality, driven by a service-oriented architecture, includes the ability to browse, search and visualize ontologies (Figure 1). The Web interface also facilitates community-based participation in the evaluation and evolution of ontology content.

In this book, law professors Sherry F. Colb and Michael C. Dorf argue that: -/- many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures; most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2]; later abortions (...) affecting sentient fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and rights of the pregnant woman, which can make these abortions morally permissible. For a book claiming to explore the "connections" between debates about the two issues, just the summary from the book flap -- basically, what's above -- makes it appear that there really isn't much connection between the topics, at least at the core ethical level. Animals are sentient, early fetuses are not, and so the moral arguments about the two issues don't overlap or share premises. While the authors hope to use insights from one issue to shed light on the other, I find that differences in the issues limit these insights. (shrink)

Michael Dorf and Charles Sabel invoke John Dewey’s “pragmatist account of thought and action” as the “backdrop” for their theory of democratic experimentalism, an approach to governance emphasizing judicially monitored local decision making within a system of decentralized administrative authority. Little credit for influence is given to the Austrian economist Friedrich Hayek and his classic liberal ideas. Indeed, Sabel has been highly critical of Hayek’s ideas. Yet, an argument can be made that (i) democratic experimentalism is at least (...) loosely Hayekian and (ii) a combined Deweyan-Hayekian analysis of Dorf and Sabel’s theory reveals some critical mistakes. One implication of my analysis is that Dewey and Hayek’s ideas are more compatible than most democratic theorists and political philosophers will admit. Evidence of this compatibility opens the door for creating and evaluating democratic experiments within a Deweyan-Hayekian theoretical framework, as well as extending the framework to other areas of political inquiry. (shrink)

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

Ramscar, Yarlett, Dye, Denny, and Thorpe (2010) showed how, consistent with the predictions of error‐driven learning models, the order in which stimuli are presented in training can affect category learning. Specifically, learners exposed to artificial language input where objects preceded their labels learned the discriminating features of categories better than learners exposed to input where labels preceded objects. We sought to replicate this finding in two online experiments employing the same tests used originally: A four pictures test (match a label (...) to one of four pictures) and a four labels test (match a picture to one of four labels). In our study, only findings from the four pictures test were consistent with the original result. Additionally, the effect sizes observed were smaller, and participants over‐generalized high‐frequency category labels more than in the original study. We suggest that although Ramscar, Yarlett, Dye, Denny, and Thorpe (2010) feature‐label order predictions were derived from error‐driven learning, they failed to consider that this mechanism also predicts that performance in any training paradigm must inevitably be influenced by participant prior experience. We consider our findings in light of these factors, and discuss implications for the generalizability and replication of training studies. (shrink)

Human need and related concepts such as basic needs have long been part of the implicit conceptual foundation for social work theory, practice, and research. However, while the published literature in social work has long stressed social justice, and has incorporated discussion of human rights, human need has long been both a neglected and contested concept. In recent years, the explicit use of human needs theory has begun to have a significant influence on the literature in social work.

This is a book review of Beating Hearts: Abortion and Animal Rights by Sherry F. Colb and Michael C. Dorf.

The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the application (...) of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

This paper argues that Moore’s principle of organic unities is false. Advocates of the principle have failed to take note of the distinction between actual intrinsic value and virtual intrinsic value. Purported cases of organic unities, where the actual intrinsic value of a part of a whole is allegedly defeated by the actual intrinsic value of the whole itself, are more plausibly seen as cases where the part in question has no actual intrinsic value but instead a plurality of merely (...) virtual intrinsic values. (shrink)

Many writers accept the following thesis about responsibility: (R) For one to be responsible for something is for one to be such that it is fitting that one be the object of some reactive attitude with respect to that thing. This thesis bears a striking resemblance to a thesis about value that is also accepted by many writers: (V) For something to be good (or neutral, or bad) is for it to be such that it is fitting that it be (...) the object of some pro-attitude (or indifference, or some contra-attitude). V has been the subject of intense debate in recent years, in part because of its incorporation into what has come to be called the “buck-passing” account of value. In particular, V is open to three challenges: that it is not necessarily the case that whatever is good is the fitting object of a pro-attitude; that it is not necessarily the case that whatever is the fitting object of a pro-attitude is good; and that, even if there is a strict equivalence between what is good and what is the fitting object of a pro-attitude, still the former is not to be analyzed in terms of the latter. The resemblance between V and R has not been previously commented on, but, once it is recognized, it is clear that R is open to challenges that resemble those to which V is vulnerable. This paper explores both the challenges to V and the parallel challenges to R and discusses responses that may be given to these challenges. The interrelation between V and R is then examined, and a general lesson is drawn concerning how to adjudicate disputes about the nature of moral responsibility. (shrink)

Using relevant encyclicals issued over the last 100 years, the author extracts those principles that constitute the underpinnings of Catholic Social Teaching about the employment relationship and contemplates implications of their incorporation into human resource policy. Respect for worker dignity, for his or her family's economic security, and for the common good of society clearly emerge as the primary guidelines for responsible human resource management. Dovetailing these three Church mandates with the economic objectives of the firm could, in essence, alter (...) the firm's nature because profit motivations would be constrained by consideration for worker and societal welfare. Integration of Church teaching with current corporate goals should therefore impact greatly on a variety of human resource policies. (shrink)

Contemporary "flexible capitalism" requires novel forms of legal regulation. In this vein, Joshua Cohen, Michael Dorf, Archon Fung, and Charles Sabel have developed a provocative set of proposals for a new mode of regulatory law, what they describe as "democratic experimentalism" or, alternately, "directly deliberative polyarchy." Their proposal are criticized: they not only fail to take traditional liberal democratic rule of law virtues seriously enough, but it remains unclear whether they can effectively tame and humanize capitalism. Instead, some (...) evidence suggests that their proposals simply amount to a normatively problematic synchronization of the legal system with contemporary high-speed capitalism. (shrink)

Ce texte a déjà paru dans Temps zéro, nº 1, 2007. Nous remercions Michael Sheringham de nous avoir autorisé à le reproduire ici. Résumé : Si l'expérience de la quotidienneté, qui préoccupe un philosophe comme Henri Lefebvre ou un écrivain comme Georges Perec, semble résister à l'emprise du roman, Michel de Certeau a pu mettre une réflexion sur le récit au cœur de son essai fondamental, L'invention du quotidien. En effet, les notions de « récits délinquants » ou d'« (...) énonciations piétonnières », chez Certeau, (...) - Poétique et Études littéraires – GALERIE – Nouvel article. (shrink)

After a brief introduction and review of recent literature on microaggressions, a theoretical typology of three sources of social injustice (oppression, dehumanization, and exploitation) contributes to the theorization of the sources of microaggressions. A selected compendium of words and affective phrases generated in classroom exercises illustrates the nature of the experience of the moment of microaggression. Future research on microaggressions as well as evaluation of practice should examine the experience of microaggression, including being subjected to microaggression, initiating such acts, and (...) observing such acts. (shrink)

Social work has long been concerned with the respective roles of the social work profession and the social welfare system in addressing human needs. Social workers engage in needs assessment together with client systems. They provide and advocate for the needs of clients, as well enabling and empowering clients and communities to address their needs. They also advocate for social welfare benefits and services and overall social policies that take human needs into account. However, explicit ethical content was not present (...) in earlier Codes of Ethics of the National Association of Social Workers. Furthermore, until very recently, little published literature in peer-reviewed journals has human needs theories to guide models of social work practice or inform social work research. Universalistic assumptions about human needs have long been found within social work’s literature on human development (see Jani and Reisch 2011, under General Overviews). However, these assumptions were often inexplicit. They did not fully utilize theories of human need, which have long recognized that although human needs may be universal, they are addressed in culturally and environmentally specific manners. Also, in practice, social workers have often conflated human needs with the need for the services or benefits available at any one time. This bibliography will explore the history and evolution of the interdisciplinary body of human needs theory and research on which social work has drawn historically, with special attention to the recent surge in interest in human needs theories. In doing so, the entry will discuss a number of key debates that have arisen regarding needs, including whether they are universal or specific to particular cultures; what the relationship is between human needs, human rights, and social justice; and how to reconcile theories of human needs and of human capabilities. (shrink)

In this paper, I defend Husserl against Derrida's critique that Husserl's phenomenology is of a piece with the "the metaphysics of presence." I show much of Derrida's critique can be met by what Husserl calls "genetic phenomenology.".

The author discusses statements such as 'virtue is blue' as proposed by a n prior. He agrees with prior to a point but investigates this type of statement, In the end calling for us to drop them from use altogether. (staff).

Recently several philosophers have argued that environmental reform movements cannot halt humankind’s destruction of the biosphere because they still operate within the anthropocentric humanism that forms the root of the ecological crisis. According to “radical” environmentalists, disaster can be averted only if we adopt a nonanthropocentric understanding of reality that teaches us to live harmoniouslyon the Earth. Martin Heidegger agrees that humanism leads human beings beyond their proper limits while forcing other beings beyond their limits as weIl. The doctrine of (...) the “rights of man” justifies human exploitation of nonhuman beings. Paradoxically, however, the doctrine of rights for nonhuman beings does not escape the orbit of humanism. According to Heidegger, a nonanthropocentric conception of humanity and its relation to nature must go beyond the doctrine of rights. We can dweIl harmoniously on Earth only by submitting to our primary obligation: to be open for the Being of beings. We need a new way of understanding Being, a new ethos, that lets beings manifest themselves not merely as objects for human ends, but as intrinsically important. Heidegger calls this ethos the “fourfold” of earth and sky, gods and mortals. Humanists argue that Heidegger is wrong to abandon the principle of human rights in favor of the notion that we are obligated to “let beings be,” while some radical environmentalists accuse hirn of being a humanist because he supposedly overestimates the importance of humankind’s ability to speak. Heidegger insists, however, that language makes possible culture, without which thereis no human experience of nature. An environmentally sound ethos. can arise, according to Heidegger, only from a shift within the cultural heritage of the West. Richard Rorty agrees that we must become open for a new “conversation” with the West, even if this requires abandoning traditionally important fields such as epistemology. The need to develop a new understanding of Being is so great that thinkers from the analytic and continental traditions of philosophy are finally initiating a long-overdue dialogue. (shrink)

Why does so much famous philosophy come out of classical Greece? Actually, the answer derives from two accidents of geography—1) the smoothness of the Mediterranean Sea, which facilitated ancient trade, and 2) the multitude of mountains and islands in Greece, which made the classical city-states small. From these two geographical accidents flow most of the special features of classical Greek thought. This thesis is also defended in chapter 7 of The Questions of Moral Philosophy and in chapters 1 and 2 (...) of If A, Then B: How the World Discovered Logic. (shrink)

In his lectures at the Collège de France in 1978–1979, Barthes focuses at length on the activity of ‘la notation’ (in English, notation): grabbing a fleeting event or impression as it happens, and registering it in your notebook. This article explores the ramifications of notation, as outlined in the lectures (where it is associated with haiku, Joycean epiphany and Proustian impressionism), linking it to Barthes’s longstanding interest in the ontology of modes of signification. Allied to his concept of the ‘third (...) meaning’, and to later terms such as the incident and the romanesque, notation is seen to be central to the preoccupation with affect, subjectivity and individuality we associate with Barthes’s later work. Linked with the fantasy of writing a novel, notation also chimes with the “fantasmatic pedagogy” of Barthes’s lectures where ideas are explored in a highly personal way through the accumulation of discontinuous traits. Through notation the affect-driven, decentred Barthesian subject finds its voice. (shrink)

In his lectures at the Collège de France in 1978–1979, Barthes focuses at length on the activity of ‘la notation’ (in English, notation): grabbing a fleeting event or impression as it happens, and registering it in your notebook. This article explores the ramifications of notation, as outlined in the lectures (where it is associated with haiku, Joycean epiphany and Proustian impressionism), linking it to Barthes’s longstanding interest in the ontology of modes of signification. Allied to his concept of the ‘third (...) meaning’, and to later terms such as the incident and the romanesque, notation is seen to be central to the preoccupation with affect, subjectivity and individuality we associate with Barthes’s later work. Linked with the fantasy of writing a novel, notation also chimes with the “fantasmatic pedagogy” of Barthes’s lectures where ideas are explored in a highly personal way through the accumulation of discontinuous traits. Through notation the affect-driven, decentred Barthesian subject finds its voice. (shrink)

This book is a survey of Kant's three Critiques that makes use of an "interpretive concept" that Nuzzo calls "transcendental embodiment" . According to Nuzzo, if we think of Kant as holding that there is something like the " a priori of the human body" or body as "the transcendental site of sensibility," which "displays a formal, ideal dimension essential to our experience as human beings" , then our understanding of Kant will be greatly improved. That is because the "notion (...) of transcendental embodiment provides the unifying thread of Kant's epistemology, moral philosophy, aesthetics and teleology of living nature" .The main body of the book is divided into three parts, each corresponding to one of the three Critiques. In turn, each part is divided into three chapters.For some grip on what Nuzzo means by "transcendental embodiment," the first chapter of the first part is the most helpful. What is behind this "interpretive concept" is Kant's argument against Leibnizian nominalism about space from "incongruent counterparts." Kant's argument is that there can be two. (shrink)

In this paper, I show that by “Monade” the later Husserl means roughly what he meant by “das reine Bewußtsein” in the period of Ideas I. Of both consciousness and Monade, Husserl claims that objects of perception are immanent to them. I describe this claim as “quasi-representationalist” just because it bears enough similarity to some versions of contemporary representationalism. Since Husserl also claims that perceptual objects are publicly accessible, the inevitable conclusion seems to be that parts of perceptual consciousness must (...) also be publicly accessible. So strong internalist, Cartesian or idealist, interpretations of Husserl must be wrong. By the same token, if perceptual objects are necessarily physical, it then seems Husserl must agree that the physical can be, in some sense, immanent to consciousness. (shrink)

In this elegant, smoothly written book, David Carr provides nothing less than a defense of both Kantian and Husserlian versions of transcendental philosophy against Heidegger’s critique of metaphysics. Carr’s Paradox of Subjectivity is organized into four parts. In the first part, Carr provides a synopsis of Heidegger’s interpretation of traditional metaphysics. Part two is devoted to a reconstruction of Kant’s transcendental theory of subjectivity. The third part deals with Husserl’s conception of transcendental subjectivity. Finally, in part four, Carr proposes to (...) show that, for both Kant and Husserl, transcendental subjectivity is a purely methodological implement, which cannot in turn be reified into serving the role traditionally reserved for metaphysical substance. Instead, transcendental subjectivity is to be understood as itself a critical regard of traditional metaphysics. Moreover, such a strictly methodological conception of transcendental subjectivity cannot be assimilated into Heidegger’s conception of metaphysics. Consequently, Heidegger’s critique of metaphysics cannot be extended as a critique of either Kant or Husserl. (shrink)

The author would like to thank Jan Golinski for commenting on an earlier version of this paper.

In On Immunity: An Inoculation, essayist and author Eula Biss has given academics and clinicians interested in the public’s skepticism of vaccines, and of science skepticism more generally, a fresh look at what drives these phenomena. Despite public health’s continued success in maintaining high rates of coverage for vaccines across the United States, recent measles, mumps, and rubella outbreaks in the U.S. have harmed lives and indicate cracks in the vaccine uptake façade. From a public health perspective, it’s all hands (...) on deck to make sure vaccine coverage stays high. Biss’s outsiders’ view of these issues offers bioethicists, public health practitioners, and physicians much... (shrink)

Name der Zeitschrift: Klio Jahrgang: 96 Heft: 1 Seiten: 242-246.

This Article explores the success of the new science of statistics in establishing order within the pandemonium of industrial revolution in the nineteenth century. This success was based on the fact that the expanding circulation of both men and goods that characterized capitalism constituted the ontological foundation of statistics as well. In this respect, one can say that statistics turned variety and multiplicity into the basis of system, if not of uniformity. The study focuses on the 1850 federal census of (...) the United States and, more specifically, on the new taxonomy adopted in the census’s manufacturing schedule for enumerating industrial activity. This taxonomy was organized around a single, universal threshold of capital investment applied to each enterprise, a criterion that replaced various systems applied in previous censuses, all of which were based on an a priori definition of what actually constituted production. The innovation of 1850 resulted in a far more extensive account of manufacturing and was consequently perceived to be a most effective means of measuring the dramatic expansion of the economy. In fact, this was accomplished by making money the rule of measure, and so redefining the essence of industry to be financial rather than material. Profit-making consequently achieved a scientific, and even neutral, status. As such, statistics can be said to have made an epistemological contribution to the legitimization of the new capitalist order. (shrink)

The redundant-signals paradigm (RSP) is designed to investigate response behavior in perceptual tasks in which response-relevant targets are defined by either one or two features, or modalities. The common finding is that responses are speeded for redundantly compared to singly defined targets. This redundant-signals effect (RSE) can be accounted for by race models if the response times do not violate the race model inequality (RMI). When there are violations of the RMI, race models are effectively excluded as a viable account (...) of the RSE. The common alternative is provided by co-activation accounts, which assume that redundant target signals are integrated at some processing stage. However, ‘co-activation’ has mostly been only indirectly inferred and the accounts have only rarely been explicitly modeled; if they were modeled, the RSE has typically been assumed to have a decisional locus. Yet, there are also indications in the literature that the RSE might originate, at least in part, at a non-decisional or motor stage. In the present study, using a distribution analysis of sequential-sampling models (ex-Wald and Ratcliff Diffusion model), the locus of the RSE was investigated for two bimodal (audio-visual) detection tasks that strongly violated the RMI, indicative of substantial co-activation. Three model variants assuming different loci of the RSE were fitted to the quantile reaction time proportions: a decision, a non-decision, and a combined variant both to vincentized group as well as individual data. The results suggest that for the two bimodal detection tasks, co-activation has a shared decisional and non-decisional locus. These findings point to the possibility that the mechanisms underlying the RSE depend on the specifics (task, stimulus, conditions, etc.) of the experimental paradigm. (shrink)