Kant’s philosophy is often treated as a closed system, without reference to how it was written or how Kant arrived at its familiar form, the critique. In fact, the style of the critique seems so artless that readers think of it as an unfortunate by-product—a style of stylelessness. In _Constituting Critique_, Willi Goetschel shows how this apparent gracelessness was deliberately achieved by Kant through a series of writing experiments. By providing an account of the process that culminated in his three (...) _Critiques_, this book offers a new perspective on Kant’s philosophical thought and practice. _Constituting Critique_ traces the stages in Kant’s development to reveal how he redefined philosophy as a critical task. Following the philosopher through the experiments of his early essays, Goetschel demonstrates how Kant tests, challenges, and transforms the philosophical essay in his pursuit of a new self-reflective literary genre. From these experiments, critique emerges as the philosophical form for the critical project of the Enlightenment. The imperatives of its transcendental style, Goetschel contends, not only constitute and inform the critical moment of Kant’s philosophical praxis, but also have an enduring place in post-Kantian philosophy and literature. By situating the _Critiques_ within the context of Kant’s early essays, this work will redirect the attention of Kant scholars to the origins of their form. It will also encourage contemporary critical theorists to reconsider their own practice through an engagement with its source in Kant. (shrink)

Game of Thrones is a popular, award-winning television series with an eight-season run on Home Box Office, based on the Song of Fire and Ice series of books by George R.R. Martin. It depicts a morally complex political situation in a fantasy environment that has some similarities to medieval Europe. In the midst of this setting, the series advocates a cynical attitude towards politics, social structures, and religion. Most notably, the series suggests that there is no such thing as political (...) legitimacy. This chapter identifies a pattern of cynicism throughout Game of Thrones but points towards the thoughts of John Locke and Thomas Aquinas as possible alternatives to the story’s cynicism. (shrink)

To the student of the recent history of theological ideas in the West, it sometimes seems as though, of all the ‘new’ subjects that have been intro duced into theological discussion during the last hundred or so years, only two have proved to be of permanent significance. One is, of course, biblical criticism, and the other, the subject which in my University is still called ‘comparative religion’—the dispassionate study of the religions of the world as phenomena in their own right.

Here is a thoroughly updated edition of a classic in palliative medicine. Two new chapters have been added to the 1991 edition, along with a new preface summarizing where progress has been made and where it has not in the area of pain management. This book addresses the timely issue of doctor-patient relationships arguing that the patient, not the disease, should be the central focus of medicine. Included are a number of compelling patient narratives. Praise for the first edition "Well (...) written. . .should be read by everyone in medical practice or considering a career in medicine."---JAMA. "Memorable passages, important ideas, and critical analysis. This is a book that clinicians and educators should read."---New England Journal of Medicine. (shrink)

Felony disenfranchisement is best understood as a means of vote suppression. Quite apart from its significance as a form of criminal stigma, disenfranchisement is most properly characterized as one of the ways in which the American voting system reserves political participation for a privileged social and intellectual class. Thus understood, felony disenfranchisement reveals the theoretical underpinnings of an exclusionary version of American democracy in which more or less widespread disenfranchisement is an acceptable or necessary political tactic. Felony disenfranchisement should not (...) be characterized as a sanction for criminal conduct: It fits none of the usual justifications for punishment. Most commentators agree that felony disenfranchisement as a collateral sanction for criminal conduct stigmatizes alike a disparate collection of individuals convicted of crimes carrying a penalty of one year or more - everything from drug possession to murder - and extends, in many instances, long after former felons have completed their sentences. Justifications for refusing the vote to felons, and to former felons who are no longer incarcerated, are surprisingly weak and clearly related to larger issues of democratic participation. Accordingly, it is under the framework of democratic participation that the most persuasive justifications of disenfranchisement might be found. Under the framework of democratic participation, the disenfranchisement debate implicates competing theories of democracy, each of which has profound consequences for the constitution of the American polity. I contend that there are currently three models for the right to vote in American society: (1) a membership model premised upon popular participation in the democratic process as an expression of citizenship; (2) a deliberative model in which popular participation is conditioned upon the duty to be an informed and reflective citizen; and (3) an elite model entrenching political office in a political class that competes for votes among the electoral masses. The continuing vitality of these three models at the level of political debate and constitutional doctrine unsettles the dominant history of the franchise as one of progress from an exclusionary to an inclusionary extension of the mandate, and requires us to acknowledge felony disenfranchisement as part of a larger process of voter exclusion and suppression. (shrink)

" Dr. Cassell discusses the world of the sick, the healing connection and healer's battle, the role of omnipotence in the healer's art, illness and disease, and ...

Medicine and ethics alike must learn properly to attend to suffering. We can never truly experience another's distress. We can, however, learn to recognize the particular purposes, values, and aesthetic responses that shape the sense of self whose integrity is threatened by pain, disease, and the mischances of life.

The theory and practice of history and its relevance to the modern world, by Britains greatest radical historian.

Like the broom in “The Sorcerer's Apprentice,” technologies take on a life of their own. To bring them under control, doctors must learn to tolerate ambiguity, resist the lure of the immediate, cease fearing uncertainty, and rechannel their response to wonder.

Extracorporeal membrane oxygenation (ECMO) is currently reserved predominantly for bridging patients to a different destination therapy, but the use of ECMO as a destination therapy itself (ECMO-DT...

It has become increasingly evident that gene content of the sex chromosomes is markedly different from that of the autosomes. Both sex chromosomes appear enriched for genes related to sexual differentiation and reproduction; but curiously, the human X chromosome also seems to bear a preponderance of genes linked to brain and muscle functions. In this review, we will synthesize several evolutionary theories that may account for this nonrandom assortment of genes on the sex chromosomes, including 1) asexual degeneration, 2) sexual (...) antagonism, 3) constant selection, and 4) hemizygous exposure. Additionally, we will speculate on how the evolution of sex‐chromosome gene content might have impacted on the phenotypic evolution of mammals and particularly humans. Our discussion will focus on the mammalian sex chromosomes, but will cross reference other species where appropriate. BioEssays 26:159–169, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. (...) The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith. (shrink)

The legal and ethical asymmetry between honoring positive claims of conscience versus negative claims of conscience was recently analyzed by several articles in this journal. The first author of this article (ALB) identified unique but defeasible reasons against honoring positive claims of conscience, such as the greater threat they post to institutional values and institutional resources than negative claims of conscience. However, ALB wrote, when these reasons can be overcome, positive claims of conscience should enjoy the same ethical and legal (...) respect as negative claims of conscience. This article argues that the prescription of birth control by non-Roman Catholic physicians in Roman Catholic institutions is an example of a positive claim of conscience that can overcome concerns of institutional values and resources, and therefore ought to receive the same ethical respect and legal protection as negative claims of conscience. In making this argument, this article also responds to several of the thoughtful comments raised by Alberto Giubilini and Dominic Wilkinson. (shrink)

Although written primarily for medical research, the Belmont principles have permeated clinical medicine as well. In fact, they are part of a broad cultural shift that has dramatically reworked the relationship between doctor and patient. In the early 1950s, medicine was about making the patient better and maintaining optimism when the patient could not get better. By the 1990s, medicine was about the treatment of specific physiological systems, as directed by the patient, but as limited by the society's concern for (...) justice. (shrink)

William Lawrence Tower’s work on the evolution of the Colorado Potato Beetle (_Leptinotarsa decemlineata_), documenting the environmental induction of mutation and speciation, made him a leading figure in experimental genetics during the first decade of the 20th century. His research program served as a model for other experimental evolution studies seeking to demonstrate the environmental modification of inheritance. Tower enjoyed the support of influential figures in the field, despite well-known problems that plagued Tower’s earlier academic career. The validity of his (...) genetic work, and other findings reported by Tower, were later challenged. The Tower affair illustrates how questionable and possibly fraudulent scientific practices can be tolerated to explore certain experimental directions and theoretical frameworks, particularly at the frontier of expanding disciplines. When needed, those explorations can be forestalled or extinguished by exploiting conspicuous vulnerabilities of rogue practitioners. In Tower’s case, both unrefuted allegations of scientific misconduct and personal problems dissolved his institutional support, leading to a swift ouster from academic science. Tower’s downfall discredited soft inheritance and neo-Lamarckian conceptions in the field of experimental genetics, facilitating the discipline’s embrace of a hard inheritance model that featured a hereditary material resistant to environmental modification. (shrink)

The Prudence of Love focuses upon the intersection of philosophical, theological, and psychological issues related to love. Eric Silverman defends an account of love derived from the views of Thomas Aquinas and argues that love provides numerous psychological and relational benefits that increase the lover's happiness. Furthermore, he argues that love is beneficial according to all major contemporary accounts of happiness.

It is well known that Max Scheler framed his ethics in opposition to Kant’s “formalistic” ethical framework. However, it is a lesser-known fact that Scheler offered a critique of the ancient Greek moral vision. Although this critique was less developed than the one of Kant, the critique of the ancients was no less significant. First explicated in 1912 in Ressentiment, its central theme is reprised in nearly all of Scheler’s main texts even up until his death. Scheler’s contention is with (...) what he calls the “love of goodness,” which he also happens to think Aristotle’s ethics represents. This paper will primarily examine the love of goodness, first, as one side of the “categorial form” of "Pharisaism"—that is, as it represents a “moral illusion”—then as the other side—namely, as it corresponds to “epistemological error." Finally, I consider the specific moral context in light of where it naturally leads Scheler: to the principle of solidarity. (shrink)

Joseph Schear provides us with a much-needed compilation of this whole “battle of myths” that began when Hubert Dreyfus presented a challenge to John McDowell’s theory of perception with his 2005 Presidential Address to the American Philosophical Association. Although, back then, the terms of the debate were presented in the context of McDowell’s reading of Aristotle and phronēsis, they have since been taken up in their own right. Dreyfus claims that conceptual capacities cannot be pervasive in perceptual experience as McDowell (...) maintains because, if so, conceptual content will crowd out those areas in which skillful embodied coping betrays a nonconceptual interaction with the world.Schear not only collects essays from highly distinguished scholars on this issue, but also manages to include never-before-published essays from both McDowell and Dreyfus. These essays are, to be sure, essentially restatements of what the two philosophers already maintain and have written. However, I find th .. (shrink)

I explore the critical significance of the phenomenological notion of intuition. I argue that there is no meaning that is originally formal-conceptual. The meanings of concepts function as symbolic approximations to original nonconceptual, intuitive givens. However, the meaning content originally intuitively given in lived experience has a tendency to be lost in pursuit of universalizability and communicability of conceptual content. Over time, conceptual approximations lose their reference to the experience that had given them their meaning in the first place. The (...) loss of an experiential reference makes for a vacuous set of concepts, giving way to ideologies, by which I mean the conscious prejudicial support for a set of ideas without the experiential, intuitive context that is necessary to see the value of those ideas. A critical phenomenology is a critique of ideological views by descriptively recovering the intuitive content whereby concepts can be adequately reevaluated. -/- This main aim of this work is to establish the methodological features of critical phenomenology by responding to the objections made against phenomenology and intuition by Frankfurt School critical theorists. Scheler’s phenomenology is used as a way forward due to his far-reaching critique of reason and emphasis on the phenomenological intuition of value. -/- Chapter 1 considers three Frankfurt School objections of Husserlian phenomenology, as (1) immanentist (Adorno), (2) idealist (Adorno), and (3) normatively empty (Habermas). Each fail to discern the subtle features of nonidentity with respect to Husserl’s notions of apperception and adumbrated phenomena. -/- Chapter 2 shows how Scheler’s original view of the phenomenological attitude makes more explicit Husserl’s subtle dialectical elements. Adequate and inadequate givenness is interpreted with respect to one’s intentional orientation and the moral attitudes carried within the world, influencing the content of the given. -/- Chapter 3 confronts the popular charge of idealism. Reality is a problem for phenomenology only to conscious modes of givenness. But through ecstatic modes of givenness (in resistances) Scheler’s phenomenology achieves an existential ground that is crucial for phenomenology to engage actually existing social structures and factors. -/- Chapter 4 concerns the charge that phenomenology is normatively empty. That Scheler had developed a theory of value is not enough to rebut the charge but his view of value-givenness as an attitude informed by the act of loving, opens an awareness of the values disclosed by that attitude. -/- Chapter 5 shows that Scheler’s sociology of knowledge, in contrast to Karl Mannheim’s interpretation, provides a unified picture of the interdependency of spirit and life needed for the realization of values in the world and society. -/- Chapter 6 suggests a way of framing a phenomenological critique of ideology. Scheler points to the attitudinal factors of loving and hating to disclose systemic devaluation and overvaluation. This awareness arises (1) from noticing how individual valuation reflects social valuation, and (2) by being attuned to how one’s own intuitions contradict prevailing social valuation and thought, thereby opening a space for a critique of those patterns. (shrink)

Scheler subjects Husserl’s categorial intuition to a critique, which calls into question the very methodological procedure of phenomenology. Scheler’s divergence from Husserl with respect to whether sensory or categorial contents furnish the foundation of the act of intuition leads into a more significant divergence with respect to whether phenomenology should, primarily, be considered a form of science to which a specific methodology applies. Philosophical methods, according to Scheler, must presuppose, and not distract from, important preconditions of knowledge that pertain more (...) to the philosopher than to logical procedure. Accordingly, the phenomenological attitude serves as a foundation for, and is not the result of, the phenomenological method. (shrink)

Sound is key to our lives, and is the most accessible portal to the vibratory universe. This book takes you there.

Scheler subjects Husserl’s categorial intuition to a critique, which calls into question the very methodological procedure of phenomenology. Scheler’s divergence from Husserl with respect to whether sensory or categorial contents furnish the foundation of the act of intuition leads into a more significant divergence with respect to whether phenomenology should, primarily, be considered a form of science to which a specific methodology applies. Philosophical methods, according to Scheler, must presuppose, and not distract from, important preconditions of knowledge that pertain more (...) to the philosopher than to logical procedure. Accordingly, the phenomenological attitude serves as a foundation for, and is not the result of, the phenomenological method. (shrink)

Aristotle's theory of moral character focuses on developing virtues, the deep internal dispositional traits from which external actions naturally flow. Aristotle describes moral virtue as a human excellence that can be developed through practice. The morally worst person is the vicious person who does the wrong thing, desires the wrong thing, and doesn't even know the right thing to do—perhaps even mistaking the wrong thing to do for the right thing. This was the sort of person Eleanor was when she (...) entered The Good Place. One objection to the possibility of moral development is called situationism: the claim that people don't really live according to moral character but are overwhelmingly shaped by the situations around them. As Eleanor learns in The Good Place, the road to being a better person starts with caring about those close to us. (shrink)

Quality-of-life policing, responsive to the concerns of urban communities, presents a profound paradox. On the one hand, the collateral effects of drug use, especially in public and in racially fragmented, low-income communities, result in levels of crime and fear of crime that renders the communities almost uninhabitable; on the other, the collateral effects of policing drug crime, for these same communities, destroy the community's human fabric. A "new" generation of legal scholars have embraced and transformed the Broken Windows model of (...) policing urban communities. These theorists share a "social norms"perspective: they suggest that law's direct threat of imposing sanctions is not the sole means of constraining conduct. A variety of other devices, including non-legal, "social" norms, may supplement the law's coercive power. The social norms "take" on the Broken Windows argument is that public low-level crime undermines the social structures of local communities. Inner city blight sends a distinct message: that community members reject or ignore norms supporting law-abiding behavior in favor of norms supporting law-breaking. Accordingly, social norms theorists advocate empowering police and local communities through a variety of traditional and newly minted public order offenses (such as anti-loitering statutes and youth curfews) as means of attacking high crime in urban and predominantly minority neighborhoods. In this article, I take up the challenge of public order policing. My claim is that the sort of preventative policing social norms theorists advocate can and should be separated from reactive "investigative" policing directed at apprehending criminals. Separating preventative and investigative policing means that the police, as currently constituted, are the wrong people to engage in preventative policing. Instead, the appropriate people include municipal officials with no power to engage in investigation but who have the authority to enforce norms of public order. My proposal is to radically restructure the manner in which we think about the legitimacy of various policing practices and the type of authority the police wield. Our current focus on constitutional remedies for low-level police abuses has failed to ameliorate the justified resentment expressed by individuals and local communities subject to heightened amounts of increasingly invasive policing.The attempt to limit police authority through prospective constitutional (and other) norms that control their ability to search, seize, and interrogate suspects is properly confined to the police's investigative role. Limits do not work to constrain their ability to police public order and engage in crime prevention. Yet even at the investigative stage, the Court has already replaced the rule-based due-process model of authority with a series of role-based exceptions to the Fourth, Fifth, and Sixth Amendments' constitutional requirements. Both role- and rule-based concepts of authority concern the proper scope of legitimate authority. Rule-based authority has its basis in adherence to the content of particular rules; role-based authority is based in the powers afforded individuals in particular roles of public authority. Whereas rule-based authority derives its legitimacy primarily from the government's right to promulgate norms, role-based authority gains legitimacy from the degree to which the official's role is matched to the circumstances triggering authority. (shrink)

Prevailing accounts of the relationship between rights and identity impose a false choice between conceptions of rights as the instrument of self-invention or the foil to collective virtue. This article proposes an alternative conception of rights as constitutive of social relations and aspects of individual identity. To do so, it draws on H. L. A. Hart's famous distinction between special and general rights, and it describes the exclusionary and inclusionary conditions under which these forms of right constitute social groups and (...) self-meaning. Further, it specifies a pure form of «constitutive right», overlooked in Hart's typology, but extant in modern liberal, pluralistic societies, that inherently differentiates among persons and so directly constitutes aspects of human identity. (shrink)

Political theorists, increasingly, are realizing the virtues of contextuality to conceptual analysis. Just as theory may provide useful standards for the assessment of political practices, so may application of theoretical constructs within particular contexts provide a critical corrective to theory. This essay relates work undertaken within sociolegal studies applying a constitutive methodology to such efforts to contextualize political theorizing. The essay describes how the emphasis placed by constitutive theory on locality and meaning entails a contextual analysis. The essay then demonstrates (...) how a constitutive and contextual approach can enhance our understanding of the moral issues surrounding differentiated citizenship policy. While the most obvious cost associated with differentiated citizenship policy is a loss in formal equality, a contextual assessment demonstrates the prospect of an even deeper, though ultimately contingent, moral loss in self-invention. (shrink)

Bioethics, Volume 36, Issue 1, Page 63-70, January 2022.

During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper argues that the moralized account (...) of international law we might have expected is conspicuously missing from this posthumous article; with Dworkin advancing an argument based on a form of political realism instead. (shrink)