The aim of this paper is to try to clarify the nature and justification of respect for the law. In section I, I try to clarify the nature of respect for a legal system and distinguish it from related concepts. In the next section, I consider problems justifying the attitude of respect toward a legal system. In section III, I discuss the extent to which one has duties to behave respectfully toward and to try to adopt an attitude of respect (...) toward a reasonably just legal system. One consequence is that it is difficult to show that one has a duty to obey the law because it is respect-worthy. In the last section, I sketch further consequences of preceding sections and suggest that respect for the law properly understood is neither the boon of oppression nor the bane of conscientious moral agents. (shrink)

Planned home birth has been considered by some to be consistent with professional responsibility in patient care. This article critically assesses the ethical and scientific justification for this view and shows it to be unjustified. We critically assess recent statements by professional associations of obstetricians, one that sanctions and one that endorses planned home birth. We base our critical appraisal on the professional responsibility model of obstetric ethics, which is based on the ethical concept of medicine from the Scottish and (...) English Enlightenments of the 18th century. Our critical assessment supports the following conclusions. Because of its significantly increased, preventable perinatal risks, planned home birth in the United States is not clinically or ethically benign. Attending planned home birth, no matter one’s training or experience, is not acting in a professional capacity, because this role preventably results in clinically unnecessary and therefore clinically unacceptable perinatal risk. It is therefore not consistent with the ethical concept of medicine as a profession for any attendant to planned home birth to represent himself or herself as a “professional.” Obstetric healthcare associations should neither sanction nor endorse planned home birth. Instead, these associations should recommend against planned home birth. Obstetric healthcare professionals should respond to expressions of interest in planned home birth by pregnant women by informing them that it incurs significantly increased, preventable perinatal risks, by recommending strongly against planned home birth, and by recommending strongly for planned hospital birth. Obstetric healthcare professionals should routinely provide excellent obstetric care to all women transferred to the hospital from a planned home birth. The professional responsibility model of obstetric ethics requires obstetricians to address and remedy legitimate dissatisfaction with some hospital settings and address patients’ concerns about excessive interventions. Creating a sustained culture of comprehensive safety, which cannot be achieved in planned home birth, informed by compassionate and respectful treatment of pregnant women, should be a primary focus of professional obstetric responsibility. (shrink)

What is colour vision for? In the popular imagination colour vision is for “seeing the colours” — adding hue to the achromatic world of shape, depth and motion. On this view colour vision plays little more than an ornamental role, lending glamour to an otherwise monochrome world. This idea has guided much theorising about colour within vision science and philosophy. However, we argue that a broader approach is needed. Recent research in the psychology of colour demonstrates that colour vision is (...) integral to a variety of visual processes, helping us to perform many types of visual tasks. We discuss some of this research and consider its implications for philosophical theories of colour. (shrink)

We maximally extend the quantum‐mechanical results of Muller and Saunders ( 2008 ) establishing the ‘weak discernibility’ of an arbitrary number of similar fermions in finite‐dimensional Hilbert spaces. This confutes the currently dominant view that ( A ) the quantum‐mechanical description of similar particles conflicts with Leibniz’s Principle of the Identity of Indiscernibles (PII); and that ( B ) the only way to save PII is by adopting some heavy metaphysical notion such as Scotusian haecceitas or Adamsian primitive thisness. We (...) take sides with Muller and Saunders ( 2008 ) against this currently dominant view, which has been expounded and defended by many. *Received July 2008; revised May 2009. †To contact the authors, please write to: F. A. Muller, Faculty of Philosophy, Erasmus University Rotterdam, Burg. Oudlaan 50, H5–16, 3062 PA Rotterdam, The Netherlands; e‐mail: [email protected] , and Institute for the History and Foundations of Science, Utrecht University, Budapestlaan 6, IGG–3.08, 3584 CD Utrecht, The Netherlands; e‐mail: [email protected] . M. P. Seevinck, Institute for the History and Foundations of Science, Utrecht University, Budapestlaan 6, IGG–3.08, 3584 CD Utrecht, The Netherlands; e‐mail: [email protected]. (shrink)

Alan Musgrave, Michael Friedman, Jeffrey Foss, and Richard Creath raised different objections against the Distinction between observables and unobservables when drawn within the confines of Bas C. van Fraassen's Constructive Empiricism, to the effect that the Distinction cannot be drawn there coherently. Van Fraassen has only responded to Musgrave but Musgrave claimed not to understand van Fraassen's succinct response. I argue that van Fraassen's response is not enough. What remains in the end is an unsolved problem which CE cannot afford (...) to leave unsolved, or so I argue; I then strengthen Musgrave's criticism and indicate that an extension of the epistemic policy of CE is mandatory to solve the problem. I also argue that Friedman's and Foss' objection against the Distinction in CE misses the mark on closer inspection. An objection due to Creath does hit the mark but can be taken care of without too much ado. All these objections seem alive and kicking until the present day; I try to put them all to rest. (shrink)

One of the reasons provided for the shift away from an ontology for physical reality of material objects & properties towards one of physical structures & relations (Ontological Structural Realism: OntSR) is that the quantum-mechanical description of composite physical systems of similar elementary particles entails they are indiscernible. As material objects, they 'whither away', and when they wither away, structures emerge in their stead. We inquire into the question whether recent results establishing the weak discernibility of elementary particles pose a (...) threat for this quantum-mechanical reason for OntSR, because precisely their newly discovered discernibility prevents them from 'whithering away'. We argue there is a straightforward manner to consider the recent results as a reason in favour of OntSR rather than against it. (shrink)

I begin by criticizing an elaboration of an argument in this journal due to Hawley , who argued that, where Leibniz’s Principle of the Identity of Indiscernibles faces counterexamples, invoking relations to save PII fails. I argue that insufficient attention has been paid to a particular distinction. I proceed by demonstrating that in most putative counterexamples to PII , the so-called Discerning Defence trumps the Summing Defence of PII. The general kind of objects that do the discerning in all cases (...) form a category that has received little if any attention in metaphysics. This category of objects lies between indiscernibles and individuals and is called relationals: objects that can be discerned by means of relations only and not by properties. Remarkably, relationals turn out to populate the universe. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

In a recent issue of this journal, M. Frisch claims to have proven that classical electrodynamics is an inconsistent physical theory. We argue that he has applied classical electrodynamics inconsistently. Frisch also claims that all other classical theories of electromagnetic phenomena, when consistent and in some sense an approximation of classical electrodynamics, are haunted by “serious conceptual problems” that defy resolution. We argue that this claim is based on a partisan if not misleading presentation of theoretical research in classical electrodynamics.

The use of biotechnology in food productiongives rise to consumer concerns. The term ``consumerconcern'' is often used as a container notion. Itincludes concerns about food safety, environmental andanimal welfare consequences of food productionsystems, and intrinsic moral objections againstgenetic modification. In order to create clarity adistinction between three different kinds of consumerconcern is proposed. Consumer concerns can be seen assigns of loss of trust. Maintaining consumer trustasks for governmental action. Towards consumerconcerns, governments seem to have limitedpossibilities for public policy. Under current (...) WTOregulations designed to prevent trade disputes,governments can only limit their policies to 1) safetyregulation based upon sound scientific evidence and 2)the stimulation of a system of product labeling. Ananalysis of trust, however, can show that ifgovernments limit their efforts in this way, they willnot do enough to avoid the types of consumer concernsthat diminish trust. The establishment of a technicalbody for food safety – although perhaps necessary –is in itself not enough, because concerns that relatedirectly to food safety cannot be solved by ``pure''science alone. And labeling can only be a good way totake consumer concerns seriously if these concerns arerelated to consumer autonomy. For consumer concernsthat are linked to ideas about a good society,labeling can only provide a solution if it is seen asan addition to political action rather than as itssubstitution. Labeling can help consumers take uptheir political responsibility. As citizens, consumershave certain reasonable concerns that can justifiableinfluence the market. In a free-market society, theyare, as buyers, co-creators of the market, andsocietal steering is partly done by the market.Therefore, they need the information to co-create thatmarket. The basis of labeling in these cases, however,is not the good life of the individual but thepolitical responsibility people have in their role asparticipants in a free-market. Then, public concernsare taken seriously. Labeling in that case does nottake away the possibilities of reaching politicalgoals, but it adds a possibility. (shrink)

This article is a translation into english of a lecture given by paneth in 1931. The content of the work is described by the section titles: (1) the need for epistemological clarification of the fundamental concepts of chemistry, (2) the concept of substance in chemistry, (3) the epistemological standpoint of the ancient atomists, (4) the epistemological position of the concept of element introduced by lavoisier, (5) the double meaning of the chemical concept of element: 'basic substance' and 'simple substance', And (...) (6) the double meaning of other chemical concepts. Sections (4)-(6) are published in the following number of this journal. (staff). (shrink)

This article is a translation into english of a lecture given by paneth in 1931. The content of the work is described by the section titles: (1) the need for epistemological clarification of the fundamental concepts of chemistry, (2) the concept of substance in chemistry, (3) the epistemological standpoint of the ancient atomists, (4) the epistemological position of the concept of element introduced by lavoisier, (5) the double meaning of the chemical concept of element: 'basic substance' and 'simple substance', And (...) (6) the double meaning of other chemical concepts. Sections (4)-(6) are published in the following number of this journal. (staff). (shrink)

In his 2009 PSA Recent Ph.D. Award winning contribution to the bi-annual PSA Conference at Pittsburgh in 2008, C. Wu ̈thrich mounted an argument against struc- turalism about space-time in the context of the General Theory of Relativity, to the effect that structuralists cannot discern space-time points. An “abysmal embarrass- ment” for the structuralist, Wu ̈thrich judged. Wu ̈thrich’s characterisation of space-time structuralism is however incorrect. We demonstrate how, on the basis of a correct char- acterisation of space-time structuralism, it (...) is possible to discern space-time points in the GTR-structures under consideration. Thus Wu ̈thrich’s argument crumbles. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy (...) and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

Originally published under the title: Tsong Khapa's Speech of gold in the Essence of true eloquence.

The defining principle of evolutionary biology is that all species, extant and extinct, evolved from ancient prokaryotic cells. Their initial appearance and adaptive evolution are proposed to have been accompanied by a cellular sentience, by feelings, subjectivity or, in a word, 'consciousness'. Prokaryotic cells, such as archaea and bacteria, have natural unitary, valence-marked 'mental' representations. They process and evaluate sensory information in a context-dependent manner. They learn, establish memories, and communicate using biophysical fields acting on excitable membranes. Symbiotic eukaryotic cells, (...) which evolved much later, initiated a compound cellular subjectivity utilizing 'senomic' and 'ephaptic' principles that evolved into the varieties of consciousness seen in multicellular species. This Cellular Basis of Consciousness (CBC) model provides a novel framework within which to approach fundamental issues such as the origins of life and the emergence of mind. (shrink)

Over the past years, in books and journals (this journal included), N. Maxwell launched a ferocious attack on B. C. van Fraassen’s view of science called Constructive Empiricism (CE). This attack has been totally ignored. Must we conclude from this silence that no defence is possible and that a fortiori Maxwell has buried CE once and for all? Or is the attack too obviously flawed as not to merit exposure? A careful dissection of Maxwell’s reasoning will make it clear that (...) neither is the case. This dissection includes an analysis of Maxwell’s ‘aberrance–argument’ (omnipresent in his many writings) for the claim that science implicitly and permanently accepts a substantial, metaphysical thesis about the universe, which then paves the way for his own metaphysical-realist hierarchy-view of science. This aberrance-claim, which Maxwell directs against a widely shared and harmful ideology of science called ‘Standard Empiricism’, generally has been ignored too, for more than a quarter of a century. Our conclusions will be that (i) Maxwell’s attacks on CE can be beaten off, and (ii) his ‘aberrance–arguments’ do not establish what Maxwell believes they establish, but (iii) we can draw a number of valuable lessons from these attacks about the nature of science and of the libertarian nature of CE. (shrink)

In his newly updated version of The Anatomy of a Constitutional Law Case, Alan F. Westin provides a documentary portrait of historically important constitutional law case, 'Youngstown Sheet & Tube Co. v. Sawyer, ' from its rise in a bargaining dispute in the steel industry during 1952 to the aftermath of its decision by the United States Supreme Court. Westin has added to his classic book additional materials and personal commentaries collected since the work was first published. The new information (...) covers what went on within the Truman administration, what went on within the Supreme Court when analyzing and resolving issues that come before it. Westin includes selections from transcripts, briefs and other official proceedings, adds notes describing each phase of the constitutional process, and a section of commentary and questions relating this case to others. (shrink)