A major barrier to recombination between bacterial species lies in the mismatch repair system, a complex of proteins that has evolved to proof‐read freshly replicated DNA. It now appears that a second system, involving an inducible DNA recombination, repair and mutagenesis pathway, also regulates interspecies recombination, but in a positive way, being required for recombination between Escherichia coli and Salmonella typhimurium(1). Thus the rate at which newly emerging species of bacteria diverge can be seen as a balance between a permissive (...) state associated with inducible repair and recombination, and the proof‐reading of intermediates in the recombination pathway by the mismatch correction system. (shrink)

Post-foundational politics and democracy -- Agonism and democracy -- A typology of agonistic democracy -- Agonistic democracy and the question of institutions -- Agonistic democracy and the limits of popular participation -- Populism, representation, and the popular will -- Political liberalism, contingency and agonistic pluralism -- Liberalism, agonism, and democracy.

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

This book discusses American pragmatism as it is found in the writings of its three major advocates: Charles S. Peirce, William James, and John Dewey. This book discusses each man's definition of pragmatism and shows how each of them applied it to one basic concept: Peirce to a theory of reality; James to a notion of truth; and Dewey to the concept of God.

Today most of us are awash with choices. The cornucopia of material goods available to those of us in the developed world can turn each of us into a kid in a candy store; but our delight at picking the prize is undercut by our regret at lost opportunities. And what's the criterion for choosing anything -- material, spiritual, the path taken or not taken -- when we have lost our faith in everything? In The Era of Choice Edward (...) Rosenthal argues that choice, and having to make choices, has become the most important influence in both our personal lives and our cultural expression. Choice, he claims, has transformed how we live, how we think, and who we are.This transformation began in the nineteenth century, catalyzed by the growing prosperity of the Industrial Age and a diminishing faith in moral and scientific absolutes. The multiplicity of choices forces us to form oppositions; this, says Rosenthal, has spawned a keen interest in dualism, dilemmas, contradictions, and paradoxes. In response, we have developed mechanisms to hedge, compromise, and to synthesize. Rosenthal looks at the scientific and philosophical theories and cultural movements that choice has influenced -- from physics to postmodernism, from Disney trailers to multiculturalism. He also reveals the effect of choice on the personal level, where we grapple with decisions that range from which wine to have with dinner to whether to marry or divorce, as we hurtle through lives of instant gratification, accelerated consumption, trend, change, and speed. But we have discovered, writes Rosenthal, that sometimes, we can have our cake and eat it, too. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

A compilation of selected papers presented at the 1989 Charles S. Pierce International Congress Interest in Charles Sanders Peirce (1839-1914) is today worldwide. Ernest Nagel of Columbia University wrote in 1959 that "there is a fair consensus among historians of ideas that Charles Sanders Peirce remains the most original, versatile, and comprehensive philosophical mind this country has yet produced." The breadth of topics discussed in the present volume suggests that this is as true today as it was in 1959. Papers (...) concerning Peirce's philosophy of science were given at the Harvard Congress by representatives from Italy, France, Sweden, Finland, Korea, India, Denmark, Greece, Brazil, Belgium, Spain, Germany, and the United States. The Charles S. Peirce Sesquicentennial International Congress opened at Harvard University on September 5, 1989, and concluded on the 10th—Peirce's birthday. The Congress was host to approximately 450 scholars from 26 different nations. The present volume is a compilation of selected papers presented at that Congress. The philosophy of science and its logic are themes in the work of Charles Peirce that have been of greatest interest to scholars. Peirce was himself a physical scientist. He worked as an assistant at the Harvard Astronomical Observatory from 1869 to 1872 and made a series of astronomical observations there from 1872 to 1875. Solon I. Bailey says of these observations, "The first attempt at the Harvard Observatory to determine the form of the Milky Way, or the galactic system, was made by Charles S. Peirce....The investigation was of a pioneer nature, founded on scant data." Peirce also made major contributions in fields as diverse as mathematical logic and psychology. C. I. Lewis has remarked that "the head and font of mathematical logic are found in the calculus of propositional functions as developed by Peirce and Schroeder." Peirce subsequently invented, almost from whole cloth, semiotics - the science of the meaning of signs. Ogden and Richards, the British critics, say that "by far the most elaborate and determined attempt to give an account of signs and their meanings is that of the American logician C. S. Peirce, from whom William James took the idea and the term Pragmatism, and whose Algebra of Dyadic Relations was developed by Schroeder.". (shrink)

The problem of the one and the many is central to ancient Greek philosophy, but surprisingly little attention has been paid to Aristotle's treatment of it in the Metaphysics. The Central Books of the Metaphysics are widely recognised as the most difficult portion of a most difficult work. This title aims to examine the Central Books.

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

A discussion of American pragmatism through the writings of its three major advocates: Charles S. Peirce, William James, and John Dewey. Examines how each applied pragmatism to, respectively, the theory of reality, the notion of truth, and the concept of the good.

Policy making is not only about the cut and thrust of politics. It is also a bureaucratic activity. In this ground-breaking work, two leading authorities come together to examine the world of the policy bureaucrat for the first time. The volume draws in crucial debates over accountability and democratic ideology, hierarchy and expertise, and should establish itself as a central point of reference for scholars and practitioners alike.

Mendler contends that many of the beliefs, tenets, conclusions, and understandings that are widely accepted as “truths” are, in fact, not valid at all. He asserts that we should challenge them all — from Plato on to contemporary theorists in all of those fields — and analyze every element of their conclusions.