The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over (...) an extended period. The "moment" may have been under way for decades-or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change. (shrink)

'An excellent commentary on and an insightful contribution to the current debate on constitutional interpretation.'-Walter F. Murphy, Princeton University.

Tells the story of Thomas Paine's creation of the revolutionary pamphlet COMMON SENSE in graphic novel format.

Nanomedicine is yielding new and improved treatments and diagnostics for a range of diseases and disorders. Nanomedicine applications incorporate materials and components with nanoscale dimensions where novel physiochemical properties emerge as a result of size-dependent phenomena and high surface-to-mass ratio. Nanotherapeutics and in vivo nanodiagnostics are a subset of nanomedicine products that enter the human body. These include drugs, biological products, implantable medical devices, and combination products that are designed to function in the body in ways unachievable at larger scales. (...) Nanotherapeutics andin vivonanodiagnostics incorporate materials that are engineered at the nanoscale to express novel properties that are medicinally useful. These nanomedicine applications can also contain nanomaterials that are biologically active, producing interactions that depend on biological triggers. Examples include nanoscale formulations of insoluble drugs to improve bioavailability and pharmacokinetics, drugs encapsulated in hollow nanoparticles with the ability to target and cross cellular and tissue membranes and to release their payload at a specific time or location, imaging agents that demonstrate novel optical properties to aid in locating micrometastases, and antimicrobial and drug-eluting components or coatings of implantable medical devices such as stents. (shrink)

This festschrift collects a number of insightful essays by a group of accomplished Christian scholars, all of who have either worked with or studied under Hendrik Hart during his 35-year tenure as Senior Member in Systematic Philosophy at the Institute for Christian Studies, Toronto, Canada.

Jeffrey King, Scott Soames, and others have recently challenged the familiar identification of a Russellian proposition, such as the proposition that Brutus stabbed Caesar, with an ordered sequence constructed out of objects, properties, and relations. There is, as they point out, a surplus of candidate sequences available that are each equally serviceable. If so, any choice among these candidates will be arbitrary. In this paper, I show that, unless a controversial assumption is made regarding the nature of nonsymmetrical relations, (...) none of the proffered candidate sequences are in fact adequate to the play the role. Moreover, as I argue, the most promising alternative theory of relations—one that avoids the problematic assumption and, in addition, fits most naturally into the sequentialist’s framework—fails to meet a basic requirement: it cannot distinguish between the proposition that Brutus stabbed Caesar and the proposition that Caesar stabbed Brutus. The upshot is that the conspicuously structured entities that are widely assumed to be up to the task of “playing the proposition role” shed no light on the very structure they are invoked to represent. (shrink)

What is it to "value" something, in the semi-technical sense of the term that Gary Watson establishes? I argue that valuing something consists in caring about it. Caring involves not only emotional dispositions of the sort that Agnieszka Jaworska has elaborated, but also a distinctive cognitive disposition – namely, a (defeasible) disposition to believe the object cared about to be a source of agent-relative reasons for action and for emotion. Understood in this way, an agent's carings have a stronger (...) claim to "speak for" her as her values than do other attitudes that have been proposed for this role. In particular, an agent's carings establish more robust psychological continuities and cross-temporal connections than do self-governing policies of the sort that Michael Bratman has described; and they forge diachronic coherence not just in her deliberation and action, as self-governing policies do, but also in her cognitive and emotional life. An agent's carings thus help to constitute her identity as a temporally persisting subject . Self-governing policies are at best ersatz -values, which an agent may choose to adopt when she finds that her proper values – her cares – leave her course underdetermined. (shrink)

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

The idea of a new aestheticism is now explicit in both philosophical aesthetics and cultural theory with the publication of Gary Iseminger's The Aesthetic Function of Art and an anthology of essays edited by John Joughin and Simon Malpas critiquing the anti-aestheticism of literary theory. Both are significant in marking a wider trend reacting to, broadly speaking, intellectualised and historicised accounts of art, refocusing on the idea of appreciation itself, and working away from the emphasis on ideology and disregard (...) for the particularity of works in, especially, literary theory. This broader context also includes renewed debates running within philosophical aesthetics about non-perceptual aesthetic properties and the aesthetic experience of conceptual artworks, and about beauty in art, considerations that have engaged two philosophers normally identified by their commitment to art theoretical and historical (and by extension, non-aesthetic) accounts of artistic making and viewing, namely Noël Carroll and Arthur Danto. So Carroll acknowledges that what's at stake is an aesthetic theory of art that is potentially 'back in business', while Danto's 'surprising' theoretic re-engagement with the concept of beauty has been noted by Diarmuid Costello. (shrink)

This essay is focused upon the question raised by the economic historian Andrei Znamenski: was National Socialism really socialist? I lay out his answer—that indeed it was—and explore it. I introduce the notion of neo-socialism as a way to characterize the Nazi regime, and fascist regimes more generally. I explore the key role played in the development of this ideology a number of thinkers called by Jeffrey Herf “reactionary modernists”: Ferdinand Tonnies; Werner Sombart; Hans Freyer; Martin Heidegger; Ernst Junger; (...) Carl Schmitt; and (to a lesser degree) Oswald Spengler. I conclude the essay by explaining the role of the uniquely virulent Nazi anti-Semitism—as well as the changes of the breakout of the war in 1939—played in the decision to exterminate the Jews. (shrink)

The Bhagavad-Gita, as a multivalent text, has been a source of inspiration for all areas of Indian thought. This paper identifies elements in the Bhagavad-Gita which may have influenced the formation of Nyaya philosophy in the centuries after it was written. Part one of the paper reviews Nyaya epistemology as a whole, focusing on aspects that play an important role in the Bhagavad-Gita: perception (pratyaksa), inference (anumana), ‘syllogism’, verbal utterance (sabda) and the practical orientation of knowledge. The second part shows (...) how those aspects appear in the text of the Bhagavad-Gita. In praticular, Krishna relies on a number of techniques in convincing Arjuna of his obligation as a ksatria which would later be formalized in Nyaya philosophy as pramana or methods of knowing. As a whole, the Bhagavad-Gita also emphasizes the Nyaya view that knowledge is only useful insofar as it helps the knower achieve a particular goal. This paper does not, and has no pretention to prove the existence of a direct line of influence connection the Bhagavad-Gita and Nyaya philosophy; readers will instead gain an appreciation of the shared cultural context which gave rise to both of these forms of Indian thought. Abstrak Bhagavad-Gita, sebagai teks yang multitafsir, telah menjadi sumber inspirasi bagi segala pemikiran India. Makalah ini mengidentifikasikan unsur-unsur dalam Bhagavad-Gita yang mungkin memengaruhi pembentukan filsafat Nyaya selama beberapa abad setelah Bhagavad-Gita ditulis. Bagian pertama makalah meringkas epistemologi Nyaya secara keseluruhan dengan berfokus pada aspek-aspek yang memainkan peran penting dalam Bhagavad-Gita: persepsi (pratyaksa), penyimpulan (anumana), ‘silogisme’, saksi verbal (sabda), dan orientasi praktis pengetahuan. Bagian kedua memperlihatkan bagaimana aspek-aspek tersebut muncul dalam teks Bhagavad-Gita. Secara khusus, Krishna mengandalkan berbagai teknik dalam meyakinkan Arjuna akan kewajibannya sebagai ksatria yang kemudian diformalkan dalam filsafat Nyaya sebagai pramana atau sarana pengetahuan. Secara keseluruhan, Bhagavad-Gita juga menekankan pandangan Nyaya bahwa pengetahuan hanya berguna sejauh dapat membantu si penahu mencapai tujuan tertentu. Makalah ini tidak dapat membuktikan adanya garis pengaruh langsung yang menghubungkan Bhagavad-Gita dengan filsafat Nyaya; namun, kita tetap dapat mengapresiasi suatu ‘kemiripan keluarga’ di antara keduanya yang menunjukkan kekayaan konteks kebudayaan yang menghasilkan kedua buah pemikiran peradaban India ini. (shrink)

[opening paragraph]: Imagine you are a scientist from Mars observing Gary Kasparov playing a tournament with a chess computer. Would you have any reason to postulate consciousness in one player, but not the other? What is consciousness? How does the body produce it, and what is it for? Most people do not realize that there is a problem here because our conscious experience is the thing we know best. We are all familiar with the colours, smells and scenes around (...) us, the pains and itches we feel and the thoughts that are in our heads. Our world consists of conscious experiences. By `conscious experience' I mean anything that you have an awareness of, absolutely anything. I do not mean anything recondite like your capacity to reflect upon your own experiences, something which one might suppose that only we as human beings have and animals do not. I mean the absolute basics, like feeling pain. (shrink)

1 Cognitive Architectures 2 Multilayer Perceptrons 3 Relations between Variables 4 Structured Representations 5 Individuals 6 Where does the Machinery of Symbol Manipulation Come From? 7 Conclusions.

The goal of perceptual systems is to allow organisms to adaptively respond to ecologically relevant stimuli. Because all perceptual inputs are ambiguous, perception needs to rely on prior knowledge accumulated over evolutionary and developmental time to turn sensory energy into information useful for guiding behavior. It remains controversial whether the guidance of perception extends to cognitive states or is locked up in a “cognitively impenetrable” part of perception. I argue that expectations, knowledge, and task demands can shape perception at multiple (...) levels, leaving no part untouched. The position advocated here is broadly consistent with the notion that perceptual systems strive to minimize prediction error en route to globally optimal solutions :181–204, 2013). On this view, penetrability should be expected whenever constraining lower-level processes by higher level knowledge is minimizes global prediction error. Just as Fodor feared cognitive penetration of perception threatens theory-neutral observation and the distinction between observation and inference. However, because theories themselves are constrained by the task of minimizing prediction error, theory-laden observation turns out to be superior to theory-free observation in turning sensory energy into useful information. (shrink)

This book offers a powerful response to what Varner calls the "two dogmas of environmental ethics"--the assumptions that animal rights philosophies and anthropocentric views are each antithetical to sound environmental policy. Allowing that every living organism has interests which ought, other things being equal, to be protected, Varner contends that some interests take priority over others. He defends both a sentientist principle giving priority to the lives of organisms with conscious desires and an anthropocentric principle giving priority to certain very (...) inclusive interests which only humans have. He then shows that these principles not only comport with but provide significant support for environmental goals. (shrink)

My concern in this paper will be to explore and develop a version of nonsocratic skepticism about weakness of will. In my view, socratism is incorrect, but like Socrates, I think that the common understanding of weakness of will raises serious problems. Contrary to socratism, it is possible for a person knowingly to act contrary to his or her better judgment. But this description does not exhaust the common view of weakness. Also implicit in this view is the belief that (...) actions which are contrary to one's better judgment are free in the sense that the agent could have done otherwise. To take seriously the possibility of acting contrary to one's better judgment is at the same time to raise problems about the distinction between weakness and compulsion. I argue that the common view, according to which the differentiating feature is that the weak are able to conform their behavior to their practical judgments, is unjustified. Instead, I have proposed that weakness of will involves the failure to develop certain normal capacities of self-control, whereas compulsion involves desires which even the possession of such capacities would not enable one to resist. (shrink)

Abstract:Previous research has identified multiple approaches to the design and implementation of corporate ethics programs (Paine, 1994; Weaver, Treviño, and Cochran, in press b; Treviño, Weaver, Gibson, and Toffler, in press). This field survey in a large financial services company investigated the relationships of the values and compliance orientations in an ethics program to a diverse set of outcomes. Employees’ perceptions that the company ethics program is oriented toward affirming ethical values were associated with seven outcomes. Perceptions of a compliance (...) orientation were associated with four of these outcomes. The interaction of values and compliance orientations was associated with employees’ willingness to report misconduct. In general, a values orientation makes a greater unique contribution to the measured outcomes when compared to a compliance orientation. (shrink)

Abstract:Organizational justice and injustice are widely noted influences on employees’ ethical behavior. Corporate ethics programs also raise issues of justice; organizations that fail to “follow-through” on their ethics policies may be perceived as violating employees’ expectations of procedural and retributive justice. In this empirical study of four large corporations, we considered employees’ perceptions of general organizational justice, and their perceptions of ethics program follow-through, in relation to unethical behavior that harms the organization, and to employees’ willingness to help the organization (...) by reporting ethical problems and issues to management. Results show that when employees perceive general organizational justice and ethics program follow-through, there is less unethical behavior and greater willingness to report problems. General justice and ethics program follow-through also interact with each other, showing that the impact of ethics initiatives is influenced by the organizational context. (shrink)

In addition to the many easily observable differences between people, there are also differences in people's subjective experiences that are harder to observe, and which, as a consequence, remain hidden. For example, people vary widely in how much visual imagery they experience. But those who cannot see in their mind's eye, tend to assume everyone is like them. Those who can, assume everyone else can as well. We argue that a study of such hidden phenomenal differences has much to teach (...) cognitive science. Uncovering and describing this variation (a search for unknown unknowns) may help predict otherwise puzzling differences in human behavior. The very existence of certain differences can also act as a stress test for some cognitive theories. Finally, studying hidden phenomenal differences is the first step toward understanding what kinds of environments may mask or unmask links between phenomenal experience and observable behavior. (shrink)

This paper delineates the normative and empirical approaches to business ethics based upon five categories: 1) academic horne; 2) language; 3) underlying assumptions; 4) theory purpose and scope; 5) theory grounds and evaluation criteria. The goal of the discussion is to increase understanding of the distinctive contributions of each approach and to encourage further dialogue about the potential for integration of the field.

Health care is transitioning from genetics to genomics, in which single-gene testing for diagnosis is being replaced by multi-gene panels, genome-wide sequencing, and other multi-genic tests for disease diagnosis, prediction, prognosis, and treatment. This health care transition is spurring a new set of increased or novel liability risks for health care providers and test laboratories. This article describes this transition in both medical care and liability, and addresses 11 areas of potential increased or novel liability risk, offering recommendations to both (...) health care and legal actors to address and manage those liability risks. (shrink)

There is no doubt science is currently suffering from a credibility crisis. This thought-provoking book argues that, ironically, science's credibility is being undermined by tools created by scientists themselves. Scientific disinformation and damaging conspiracy theories are rife because of the internet that science created, the scientific demand for empirical evidence and statistical significance leads to data torturing and confirmation bias, and data mining is fuelled by the technological advances in Big Data and the development of ever-increasingly powerfulcomputers. Using a wide (...) range of entertaining examples, this fascinating book examines the impacts of society's growing distrust of science, and ultimately provides constructive suggestions for restoring the credibility of the scientific community. (shrink)

Gary Kemp presents a penetrating investigation of key issues in the philosophy of language, by means of a comparative study of two great figures of late twentieth-century philosophy. He reveals unexplored tensions between the views of Quine and Davidson, and presents a powerful argument in favour of Quine and methodological naturalism.

Like all technologies, nanotechnology will inevitably present risks, whether they result from unintentional effects of otherwise beneficial applications, or from the malevolent misuse of technology. Increasingly, risks from new and emerging technologies are being regulated at the international level, although governments and private experts are only beginning to consider the appropriate international responses to nanotechnology. In this paper, we explore both the potential risks posed by nanotechnology and potential regulatory frameworks that law may impose. In so doing, we also explore (...) the various rationales for international regulation including the potential for cross-boundary harms, sharing of regulatory expertise and resources, controlling protectionism and trade conflicts, avoiding a “race to the bottom” in which governments seek economic advantage through lax regulation, and limiting the “nano divide” between North and South. Finally, we examine some models for international regulation and offer tentative thoughts on the prospects for each. (shrink)

Risk management of nanotechnology is challenged by the enormous uncertainties about the risks, benefits, properties, and future direction of nanotechnology applications. Because of these uncertainties, traditional risk management principles such as acceptable risk, cost–benefit analysis, and feasibility are unworkable, as is the newest risk management principle, the precautionary principle. Yet, simply waiting for these uncertainties to be resolved before undertaking risk management efforts would not be prudent, in part because of the growing public concerns about nanotechnology driven by risk perception (...) heuristics such as affect and availability. A more reflexive, incremental, and cooperative risk management approach is required, which not only will help manage emerging risks from nanotechnology applications, but will also create a new risk management model for managing future emerging technologies. (shrink)

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane''s work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if (...) compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options. (shrink)

The first part of the essay explores the relations between the will and practical reason or judgement. The second part takes up decision in the realm of belief, i.e. deciding that such and such is so. This phenomenon raises two questions. Since we decide that as well as to, should we speak of a doxastic will? Secondly, should we regard ourselves as active in the formation of our judgements as in the formation of our intentions? The author's answer to these (...) two further questions is ‘no’ and ‘yes’, respectively: the boundaries between the active and the passive are not marked by the will. (shrink)

Beyond Consent examines the concept of justice, and its application to human subject research, through the different lenses of various research populations: children, the vulnerable sick, captive and convenient populations, women, people of colour, and subjects in international settings. Separate chapters address the evolution of research policies, implications of the concept of justice for the future of human subject research, and the ramifications of this concept throughout the research enterprise.

There is much we do not know about nanotechnology. Despite its tremendous promise, nanotechnology today is mostly forecast and fervent hope. Predictions that spending on nanotechnology will increase from current levels of $13 billion to more than $1 trillion by 2015 are no more than that – simply predictions. Hopes that nanotechnology will be an essential part of solving the globe's energy, food, and water problems should be tempered by recalling a century of revolutionary technologies that failed to live up (...) to their early promise such as nuclear energy, supersonic airplanes, or gene therapy. Many other questions continue to nip at nanotechnology's heels, not the least of which are debates about what is and is not technically feasible. Despite these uncertainties, we can have complete confidence in one aspect of nanotechnology's future – it will be subject to a host of regulations. (shrink)

The view, in Quine, that all there are are pure sets is presented and endorsed.

In a series of papers over a period of several years Barry Smith andWerner Ceusters have offered a number of cogent criticisms of historical approaches to creating, maintaining, and applying biomedical terminologies and ontologies. And they have urged the adoption of what they refer to as a “realism-based” approach. Indeed, at times they insist that the realism-based approach not only offers clear advantages and a well-founded methodological basis for ontology development and evaluation, but that such a realist perspective is in (...) fact necessary for understanding and using terminologies and ontologies in science. -/- This paper explores a number of questions surrounding such claims, provides a careful characterization of the type of realism recommended by Smith and Ceusters, and evaluates the role that realism plays in the critiques and recommendations that they offer. The conclusion reached is that while Smith’s and Ceusters’ criticisms of prior practice in the treatment of ontologies and terminologies in medical informatics are often both perceptive and well founded, and while at least some of their own proposals demonstrate obvious merit and promise, none of this either follows from or requires the brand of realism that they propose. (shrink)

Is the human tendency toward musicality better thought of as the product of a specific, evolved instinct or an acquired skill? Developmental and evolutionary arguments are considered, along with issues of domain‐specificity. The article also considers the question of why humans might be consistently and intensely drawn to music if musicality is not in fact the product of a specifically evolved instinct.

The apparent very close similarity between the learning of the past tense by Adam and the Plunkett and Marchman model is exaggerated by several misleading comparisons--including arbitrary, unexplained changes in how graphs were plotted. The model's development differs from Adam's in three important ways: Children show a U-shaped sequence of development which does not depend on abrupt changes in input; U-shaped development in the simulation occurs only after an abrupt change in training regimen. Children overregularize vowel-change verbs more than no-change (...) verbs; the simulation overregularizes vowel-change verbs less often than no-change verbs. Children, including Adam, overregularize more than they irregularize; the simulation overregularized less than it irregularized. Interestingly, the RM model--widely criticized as being inadequate--does somewhat better, correctly overregularizing vowel-change verbs more often than no-change verbs, and overregularizing more often than it irregularizes. Although Plunkett and Marchman's (1993) state of the art model incorporated hidden layers and back-propagation, used a more realistic phonological coding scheme, and explored a broader range of parameters than Rumelhart and McClelland's model, their results are farther from psychological reality. It is unknown whether any connectionist model can mimic a child's performance without resorting to unrealistic exogenous changes in the training or input, but it is clear that adding a hidden-layer and back-propagation does not ensure a solution. (shrink)

Given certain standard assumptions-that particular sentences are meaningful, for example, and do genuinely self-attribute their own falsity-the paradoxes appear to show intriguing patterns of generally unstable semantic behavior. In what follows we want to concentrate on those patterns themselves: the pattern of the Liar, for example, which if assumed either true or false appears to oscillate endlessly between truth and falsehood.

Scientific research is subject to a number of regulations which impose incidental (time, place), rather than substantive (type of research), restrictions on scientific research and the knowledge created through such research. In recent years, however, the premise that scientific research and knowledge should be free from substantive regulation has increasingly been called into question. Some have suggested that the law should be used as a tool to substantively restrict research which is dual-use in nature or which raises moral objections. There (...) are, however, some problems with using law to restrict or prohibit certain types of scientific research, including (i) the inherent imprecision of law for regulating complex and rapidly evolving scientific research; (ii) the difficulties of enforcing legal restrictions on an activity that is international in scope; (iii) the limited predictability of the consequences of restricting specific branches of scientific research; (iv) inertia in the legislative process; and (v) the susceptibility of legislators and regulators to inappropriate factors and influence. Rather than using law to restrict scientific research, it may be more appropriate and effective to use a combination of non-traditional legal tools including norms, codes of conduct, restrictions on publication, and scientist-developed voluntary standards to regulate problematic scientific research. (shrink)

In his recent essay on moral pluralism in environmental ethics, J. Baird Callicott exaggerates the advantages of monism, ignoring the environmentally unsound implications of Leopold’s holism. In addition, he fails to see that Leopold’s view requires the same kind of intellectual schitzophrenia for which he criticizes the version of moral pluralism advocated by Christopher D. Stone in Earth and Other Ethics. If itis plausible to say that holistic entities like ecosystems are directly morally considerable-and that is a very big if-it (...) must be for a very different reason than is usually given for saying that individual human beings are directly morally considerable. (shrink)