Law and the Humanities: An Introduction brings together a distinguished group of scholars from law schools and an array of the disciplines in the humanities. Contributors come from the United States and abroad in recognition of the global reach of this field. This book is, at one and the same time, a stock taking both of different national traditions and of the various modes and subjects of law and humanities scholarship. It is also an effort to chart future directions for (...) the field. By reviewing and analyzing existing scholarship and providing thematic content and distinctive arguments, it offers to its readers both a resource and a provocation. Thus, Law and the Humanities marks the maturation of this 'law and' enterprise and will spur its further development. (shrink)
In this memorial essay on Sir Frank Kermode (1919–2010), the author focuses on his own exchange of views with Kermode during the 1970s. In Kermode's book The Sense of an Ending (1966), he had criticized Frank's essay “Spatial Form in Modern Literature” (1945) as part of a larger critique of what the Romantic-Symbolist tradition of English poetry had become in the twentieth century. Yeats, Pound, Eliot, and other late Symbolists had turned artists into advocates of an irrational wisdom (...) superior to reason and common sense, thus isolating—so Kermode argued—the world of art from that of ordinary human concerns. Rejecting their view of art, he turned instead to a pre-Romantic tradition (including Spenser and Milton) that the Symbolists had rejected. Among modern writers, Kermode turned to Wallace Stevens, who became his foil for Yeats, Eliot, and Pound, as well as the most important influence on his own later thinking. Joseph Frank, in this essay, recalls the combination of acerbic intelligence, social concern, gentility, and finally friendship that characterized his debate over these questions with Kermode. Frank recalls as an indication of his respect and admiration for Kermode that he wrote, in 1977, that, even if his own theory of spatial form were to be shown worthless, it would still have value in having provided some of the stimulus for Kermode to write The Sense of an Ending. (shrink)
In its strongest, unqualified form the principle of wholistic reference is that each and every proposition refers to the whole universe of discourse as such, regardless how limited the referents of its non-logical or content terms. Even though Boole changed from a monistic fixed-universe framework in his earlier works of 1847 and 1848 to a pluralistic multiple-universe framework in his mature treatise of 1854, he never wavered in his frank avowal of the principle of wholistic reference, possibly in a (...) slightly weaker form. Indeed, he took it as an essential accompaniment to his theory of concept formation and proposition formation. Similar views are found in later logicians, and some of the most recent formulations of standard, one-sorted first-order logic seem to be in accord with a form of it, if they do not actually imply the principle itself.Em sua forma mais forte e geral, o princípio da referência universalista afirma que toda proposição refere-se ao universo completo do discurso propriamente dito, independentemente de quão limitados sejam os referentes de seus termos não-lógicos ou com conteúdo. Embora Boole mudasse de um modelo monístico de universo-fixo nos seus trabalhos iniciais de 1847 e 1848 para um modelo pluralista de universo-múltiplo no seu tratado maduro de 1854, ele nunca hesitou em sua aceitação franca do princípio da referência universalista, possivelmente em uma forma ligeiramente mais fraca. De fato, ele considerou este princípio como um acompanhamento essencial para a sua teoria de formação de conceitos e de proposições. Visões semelhantes são encontradas em lógicos posteriores, e algumas das mais recentes formulações da lógica clássica de primeira ordem parecem estar de acordo com uma forma deste, se é que elas não implicam, de fato, o próprio princípio. (shrink)
Frank Sautter’s questions are directed at the precise senses of the words ‘invention’ and ‘creation’ used in my remarks on the origin of language, and at the connection between Jørgensen’s and my views on the development of language. In my response I clarify my use of the words ‘invention’ and ‘creation’ vis-à-vis Frank’s suggested interpretations, and examine Jørgensen’s distinction of stages in the development of language in relation to imperatives and the “directive use of language”.As perguntas de (...) class='Hi'>Frank Sautter estão direcionadas ao sentido mais preciso das palavras ‘invenção’ e ‘criação’ utilizadas em minhas observações sobre a origem da linguagem, e à relação de meu ponto de vista sobre o desenvolvimento da linguagem ao de Jørgensen. Em minha réplica esclareço meu uso das palavras ‘invenção’ e ‘criação’ comparativamente às diversas interpretações sugeridas por Frank, e examino a distinção de estágios no desenvolvimento da linguagem proposta por Jørgensen em relação aos imperativos e ao “uso direcionado da linguagem”. (shrink)
For the third time in forty-five years, America is talking about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers (...) intended impeachment to be a flexible tool, adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump. It is an indispensable work for the present moment. (shrink)
A structure (M, $ ,...) is called quasi-o-minimal if in any structure elementarily equivalent to it the definable subsets are exactly the Boolean combinations of 0-definable subsets and intervals. We give a series of natural examples of quasi-o-minimal structures which are not o-minimal; one of them is the ordered group of integers. We develop a technique to investigate quasi-o-minimality and use it to study quasi-o-minimal ordered groups (possibly with extra structure). Main results: any quasi-o-minimal ordered group is abelian; any quasi-o-minimal (...) ordered ring is a real closed field, or has zero multiplication; every quasi-o-minimal divisible ordered group is o-minimal; every quasi-o-minimal archimedian densely ordered group is divisible. We show that a counterpart of quasi-o-minimality in stability theory is the notion of theory of U-rank 1. (shrink)
Resenha : PASSOS, João Décio; USARSKI, Frank. (Org.). Compêndio de Ciência da Religião . São Paulo: Paulinas: Paulus, 2013. 703p. Esta resenha apresenta o Compêndio da religião como facilitador de conceitos para professores e alunos de Ciências da religião.
O'Loughlin, Frank In this article I want to look at the priesthood specifically as a sacrament of the church. Much of what is presented here would also apply, mutatis mutandis, to the episcopate and some of it to the diaconate, the other two forms of the sacrament of orders.
O'Keeffe, Frank A recent report tabled in the Victorian Parliament has proposed that the Victorian Crimes Act 1958 be amended, allowing Victoria to become the only Australian state where euthanasia would be legal. Against this proposed legislation, this article contends the suggested amendments pose a threat to the fiduciary obligations that medical professionals owe to their patients. Moreover, that the parliamentary recommendation poses a considerable risk to the sick and dying, while creating tension within existing, currently overburdened, palliative care (...) services. Any reforms that seek to treat dying patients in a more holistic manner, incorporating their emotional equilibrium, will instead make further provision for expanding the provision of palliative care services. (shrink)
O'Loughlin, Frank Over recent years there has been a great deal of discussion and disagreement about the nature of marriage and family both in the public sphere and within the church. Almost every aspect of human relationships and sexuality has come up for discussion. The two synods on marriage and the family that took place in Rome in 2014 and 2015 have been a watershed for Catholics in these discussions. Similar discussions will need to continue for some time yet (...) if we are to come to greater clarity and depth in our understanding of the many issues involved. In this article I am seeking to put forward elements of the Christian tradition concerning marriage that, I hope, may be helpful background in these current discussions. (shrink)
Book review: SENNA, Ronaldo de Salles; AGUIAR, Itamar Pereira de. Remanso: uma comunidade mágico-religiosa. O fantástico apoiado em uma mundividência afrodescendente – aspectos das ambivalências sociais, geográficas e históricas. Feira de Santa: UEFS Editora, 2016.
[What It’s Like, or What It’s About? The Place of Consciousness in the Material World] Summary: The book is both a survey of the contemporary debate and a defense of a distinctive position. Most philosophers nowadays assume that the focus of the philosophy of consciousness, its shared explanandum, is a certain property of experience variously called “phenomenal character,” “qualitative character,” “qualia” or “phenomenology,” understood in terms of what it is like to undergo the experience in question. Consciousness as defined in (...) terms of its phenomenal aspect is often called “phenomenal consciousness.” The major issue that occupies most thinkers is whether this phenomenal character happens to be a physical property, or whether it is rather sui generis. Those who believe the former are materialists; those who conclude the latter are dualists. As the currently dominant metaphysic is materialism – also sometimes called physicalism – the challenge appears to be to slot phenomenal properties among the physical properties that ultimately make up the world. David Chalmers argued powerfully that we can go very far in situating many mental properties in the physical world – namely, the properties that can be understood in functional terms – but that phenomenal properties resist such a treatment. Chalmers calls this “the hard problem” of consciousness. But there are also some quite powerful positive arguments for dualism. The two most influential ones are the modal argument, also offered by Chalmers, and the knowledge argument invented by Frank Jackson. Chalmers invites us to conceive of creatures that are exactly like human beings – physically, functionally, behaviorally – only bereft of phenomenal consciousness. If such creatures are conceivable, says Chalmers, they are metaphysically possible. And if they are metaphysically possible, materialism is false. Jackson, for his part, suggests we imagine Mary who has spent her entire life inside a black-and-white room and has seen the world through a black-and-white TV screen. But she also happens to know everything there is to know about the physics of color. And yet, Jackson suggests that once Mary is finally released from her room and sees a lawn outside, she learns something new: that this is what it is like to experience green color. The current work on consciousness is by and large characterized by attempts to answer these two dualistic arguments. I try to make sense of the positions within the domain of philosophy of consciousness by means of two major distinctions that mutually intersect. First, there is a distinction between dualism and materialism. An apparent third alternative currently on offer, the so-called Russellian monism, is unstable, collapsing into either dualism (panpsychism) or materialism (Russellian physicalism). Materialism comes in two main flavors: either the a posteriori physicalism, which detects an epistemic gap between phenomenal and physical truths, hence denying that the former could be derived from the latter; or the a priori physicalism, which does not acknowledge any such obstacle. The second major distinction is between phenomenism and representationalism. It’s true that Ned Block, who introduced this contrast, meant to distinguish between two kinds of materialism. But I believe that the distinction actually intersects the one between materialism and dualism. We thus arrive at a table with six slots, representing six main positions in the philosophy of consciousness: (1) dualist phenomenism (Chalmers, the early Jackson, and Tyler Burge); (2) dualist representationalism (René Descartes); (3) aposteriori materialist phenomenism (Block); (4) a posteriori materialist representationalism (Michael Tye, Fred Dretske, David Rosenthal); (5) a priori materialist phenomenism (David Lewis); and (6) a priori materialist representationalism (Daniel Dennett, Derk Pereboom). However, this scheme is in fact somewhat misleading. It is true that Dennett is usually classified as an apriori materialist (or, more precisely an apriori materialist representationalist), but I believe that needs to be corrected. In order to understand why, I first analyze varieties of materialist representationalism in detail, in particular various construals of phenomenal character in terms of representation, or intentionality, which includes a discussion of the identity of its content (the issue of externalism). By contrast, Dennett rejects the concept of phenomenal character. Consciousness has no intrinsic, publicly inaccessible properties. On that ground, Dennett builds an empirical, fully functionalist theory of consciousness, which he also tries to integrate within a general Darwinian framework. From that point of view, one can contrast Dennettian and representationalist views on the issue of animal consciousness. In addition to his rejection of phenomenal character, Dennett also abstains from the regular metaphysical departure point of regular materialism. He does not so much ask how an enigmatic property of consciousness fits an antecedently characterized world, but rather how far we can investigate all aspects of the world, including consciousness, using the scientific method. He is thus a methodological naturalist, rather than a metaphysical materialist. While this approach removes obstacles to the science of consciousness, it does not solve what might be called “the hardest problem” – of intentionality, not phenomenal consciousness. The hardest problem consists in the fact that our intentional discourse involves conflicting commitments that prevent a coherent metaphysic of representational states. However, it does not follow that we should give up on this discourse as a theoretical means of reduction as well as a practical tool of explanation. But it might be that intentional discourse is a somewhat pseudo one. (shrink)