Henry Home (1696-1782) has been called "perhaps the most complete 'Enlightenment man' among the eighteenth-century Scottish thinkers." Kinsman and friend of David Hume, mentor and patron of Adam Smith, John Millar, and Thomas Reid, he was a key figure in that circle of luminaries. He read law, was called to the bar in 1723, was raised to the Bench of the Court of Session in 1752, with the title Lord Kames (the name of his family estate), and joined the (...) High Court of the Justiciary in 1763. Publishing broadly in law, history, philosophy, and criticism, Kames made significant contributions to the Enlightenment's science of human nature. The Essays is commonly considered Kames's most important philosophical work. In the first part, he sets forth the principles and foundations of morality and justice, attacking Hume's moral skepticism and addressing the controversial issue of the freedom of human will. In the second part, Kames focuses on questions of metaphysics and epistemology to offer a natural theology in which the authority of the external senses is an important basis for belief in the Deity. The text of this volume is based on the third edition of 1779, while the appendix presents substantial variant readings in the first and second editions. (shrink)

Penser l'homme et la folie : dans ce recueil d'études où s'est condensée, au fil des dernières années, sa réflexion, Henri Maldiney se propose de penser ensemble l'énigme de l'humanité et l'énigme de la " catastrophe " qui survient à certains d'entre nous. Double décentrement de la pensée, qui la met à la fois hors de l'anthropologie, fût-elle philosophique, et de son envers dans les théories psycho-pathologiques. Double décentrement où s'éprouvent donc au mieux la tradition philosophique - et en particulier (...) celle qui est issue de Heidegger - et la tradition de la Daseinsanalyse et de la Schicksalsanalyse, telle qu'elle est représentée par Binswanger, Straus, Minkiwski, Von Weizsäcker et Szondi. Dans une démarche authentiquement phénoménologique, où il s'agit de retourner à la " chose même " de l'humain et de la folie, de penser en va-et-vient de l'énigme à penser à ce qui en a été dit, Henri Maldiney dégage, par sa conception toute nouvelle de la transpossibilité et de la transpassibilité, une " compréhension " globale du phénomène humain qui le rend moins intraitable que par le passé. Le " séisme " de la folie, montre-t-il, vient d'un énigmatique court-circuit de la transpossibilité et de la transpassibilité, qui est seul propre à les mettre véritablement en relief comme la dimension profonde et cachée de notre expérience : celle de l' "événement " ou de l'émergence du nouveau, de la surprise de l'inattendu. La transpassiblité est une " possibilité " qui nous excède, en ce qu'elle fonde toute possibilité pour nous d'exister, parce qu'elle est en deçà de tout projet, transpossiblité de l'accueil - et de l'accueil transpassible -, y compris de l'accueil par nous-mêmes, de nous-mêmes. " Le réel -répète Henri Maldiney comme un leitmotiv qui traverse tout l'ouvrage -, est toujours ce qu'on n'attendait pas". (shrink)

In this article the argumentation structure of the court’s decision in the Popov v. Hayashi case is formalised in Prakken’s (Argument Comput 1:93–124; 2010) abstract framework for argument-based inference with structured arguments. In this framework, arguments are inference trees formed by applying two kinds of inference rules, strict and defeasible rules. Arguments can be attacked in three ways: attacking a premise, attacking a conclusion and attacking an inference. To resolve such conflicts, preferences may be used, which leads to three corresponding (...) kinds of defeat, after which Dung’s (Artif Intell 77:321–357; 1995) abstract acceptability semantics can be used to evaluate the arguments. In the present paper the abstract framework is instantiated with strict inference rules corresponding to first-order logic and with defeasible inference rules for defeasible modus ponens and various argument schemes. The main techniques used in the formal reconstruction of the case are rule-exception structures and arguments about rule validity. Arguments about socio-legal values and the use of precedent cases are reduced to arguments about rule validity. The tree structure of arguments, with explicit subargument relations between arguments, is used to capture the dependency relations between the elements of the court’s decision. (shrink)

Universal jurisdiction has entered upon a dramatic and turbulent period of its long and generally stable history. Once associated primarily with prosecution for piracy or slave trading, it now figures in state-court prosecution of persons accused of international crimes that have been incorporated into state law, particularly genocide, crimes against humanity and war crimes. This new direction has generated serious interstate conflicts, particularly when the acts for which defendants are charged are viewed by some states or regions as criminal and (...) by others as heroic and when the actual or proposed defendants are citizens of a major power. The critical current task is to engage in broad public discussion of these issues in order to build some consensus among many states about the legitimate uses and potential abuses of universal jurisdiction. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 465-468 [Access article in PDF] Cogito Ergo Sum: The Life of René Descartes, by Richard Watson; vii & 375 pp. Boston: David R. Godine, 2002, $35.00. Scholarly in what it delivers, but delightful in how it delivers what it delivers, Cogito Ergo Sum is highly informative and fun to read. Touching on all the key places, players and events in the philosopher's life, Watson (...) tells us (at least) everything we wanted to know about Descartes as he cuts through the myths that have been passed down to us about him. Cutting through the myths meant dissociating his biography ("the first biography of Descartes since 1920 that is based on substantial new research, and the only one ever written for general readers"; p. 23) from the two still-operative hagiographic traditions: the French Catholic apologetic tradition and the scientific apologetic tradition. The result is a skeptical biography, full of distrust toward tradition and authority, written very much in the spirit of methodical doubt practiced by its subject.Descartes emerged from a powerful family tradition of law and medicine but mentions his childhood only six times. With good reason. He didn't like either his father or his brother and his mother died thirteen months after he was born. He was considered the family failure, not only wasting time in philosophy but squandering his share of the family fortune. He received an excellent eight-year education at the outstanding Jesuit school at La Flèche where he was immediately attracted to the certitude that mathematics offered him. He earned a law degree in Poitiers, spent time in the Army, though not in battle, and refused a judgeship.It was Isaac Beeckman who radically influenced Descartes's future when he awakened him to the possibility of applying mathematics to the problems of natural science. Watson examines sympathetically Descartes's eventual revolt against this father figure. Watson humanizes Descartes greatly when he examines both his relationship with his daughter, Francina, who died of scarlatina at the age of five, and his relationship with the child's mother, Helena Jans. He also rehabilitates the reputation of Helena who has been traditionally maligned by biographers of the philosopher. Here, and elsewhere, he speaks out loudly and clearly against "the denizens of the Saint Descartes Protection Society" who purport that Descartes broke his celibacy just this once. "Actually," writes Watson, "I think Descartes was enough of a scientist that he would have repeated the experiment several times, if only to see if the experience was the same the second and a third time" (pp. 181; 182).In 1628, totally unwilling to get involved in religious squabbles in France and desiring to live in "joyful anonymity," Descartes takes off for Friesland. This constituted a flight from family, social responsibility, and royalist Catholic totalitarian oppression. He moved around often to situate himself at universities where he wanted to do research and to avoid the plague. This great mathematical genius and father of modern philosophy wanted to replace [End Page 465] Aristotelian philosophy and science and thought correctly that it would be easier to get his ideas accepted here. He became friendly with Princess Elizabeth of Bohemia who spoke five languages and astutely critiqued his metaphysics. Despite the myths, neither was in love with the other. She inspired him to write The Passions of the Soul, which, oddly enough, he dedicated to Queen Christina of Sweden. He did, however, dedicate his Principles to Elizabeth. Christina was a bookish intellectual who loved the theater. In 1649, even though he had exhibited a clear dislike of court life, he agreed to be her tutor. He died in Sweden in 1650 during one of the coldest winters ever recorded in Europe.Why did he go to Sweden? He was broke and had little chance for a pension in France. In addition, while he knew the value of his work, he began to think his life might have been a failure. Perhaps he might really enjoy being a courtier after all. Certainly he feared that he would end... (shrink)

In this paper a new use case for legal argumentation support tools is considered: supporting discussions about analyses of complex criminal cases with the help of Bayesian probability theory. By way of a case study, two actual discussions between experts in court cases are analysed on their argumentation structure. In this study the usefulness of several recognised argument schemes is confirmed, a new argument scheme for arguments from statistics are proposed, and an analysis is given of debates between experts about (...) the validity of their arguments. From a practical point of view the case study yields insights into the design of support software for discussions about Bayesian analyses of complex criminal cases. (shrink)

State universities have grown to become monumental enterprises generating revenues of more than $124 billion a year in the sale and delivery of education and other services. They compete in a marketplace composed of private secular, nonsecular and for-profit higher education institutions. In addition, state universities in their own right engage in a number of traditionally for-profit "business" enterprises competing with the private sector. However, as the enterprise aspect of state universities grows; so too does the impact of a unique (...) competitive advantage enjoyed solely by state universities--that is, the ability of state universities to immune themselves from lawsuit in federal court under the guise of "sovereign immunity" for disputes arising under federal employment laws. Indeed, as a consequence of recent Supreme Court rulings, state agencies, including universities, are the only entities in the United States that are effectively exempt from the enforcement of federal employment laws in federal or state courts. This article reviews the condition of the "two faces" of the state university regarding federal employment law and the apparent new barriers to federal court access of employees to judicial review of employment disputes. (shrink)

There is a close coincidence in time between the appearance of psychology as a science and the rise of evolutionary theory. The first laboratory of experimental psychology was established in Germany by Wilhelm Wundt just as Darwin's writings were beginning to have their enormous impact, especially as they might be applied to understanding the human mind . Psychology is an important discipline because it straddles the boundary between the biological sciences and the social or human sciences of anthropology, sociology and (...) economics. Given that importance, and given that new sciences lack the conceptual history within which older, established sciences might be mired, it might have been expected that psychology would have embraced in a way that established sciences did not the equally new, sensational and central theorem of biology which spoke to the origins of species as well as the origins of their traits and, crucially, the functions of those traits. Yet for over a century evolutionary theory had virtually no presence in psychology, despite having powerful friends like William James at court. (shrink)

There is a close coincidence in time between the appearance of psychology as a science and the rise of evolutionary theory. The first laboratory of experimental psychology was established in Germany by Wilhelm Wundt just as Darwin's writings were beginning to have their enormous impact, especially as they might be applied to understanding the human mind (Darwin, 1871). Psychology is an important discipline because it straddles the boundary between the biological sciences and the social or human sciences (defined as those (...) sciences that study exclusively human characteristics) of anthropology, sociology and economics. Given that importance, and given that new sciences lack the conceptual history within which older, established sciences might be mired, it might have been expected that psychology would have embraced in a way that established sciences did not the equally new, sensational and central theorem of biology which spoke to the origins of species as well as the origins of their traits and, crucially, the functions of those traits. Yet for over a century evolutionary theory had virtually no presence in psychology, despite having powerful friends like William James at court (James, 1880). (shrink)

ABSTRACT. This paper considers two sets ethical obligations owed by a firm and its management to stockholders and employees with respect to layoffs. Literature and research from ethics and agency are used to frame ethical issues that pertain to age discrimination in layoffs. An actual court case provides an example for focus, analysis, and discussion. Points of discussion include management''s obligations to employees and factors of injustice related to prejudice against age.

This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. (...) The result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Citizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789Patrick HenryCitizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789, by Daniel Gordon; viii & 270 pp. Princeton: Princeton University Press, 1994, $39.50.Under examination here is the early modern period in France from Louis XIV to the French Revolution when kings ruled absolutely and citizens were without sovereignty. Discarding the traditional image of the Enlightenment as the absolute (...) enemy of absolutism, Gordon, in this sense, follows Norbert Elias and Robert Darnton who treat the Enlightenment as part of an elitist and hierarchical establishment. More specifically, as his subtitle indicates, Gordon portrays the invention of a “nonpolitical polis” (p. 6), an ideological social space where, despite political inequality, citizens could practice social equality in a hierarchical régime. The rise of this “nondemocratic egalitarian ethos” (p. 7) brought with it a new cult of sociabilité, a term invented in the eighteenth century to describe the idealization of the private sphere and the practice of social equality.The first chapter, then, ties sociability not to democracy, as in the Habermasian model, but to the absolutism that stimulated it and coexisted with it. A series of five ideal types of sociability depict how men and women, members of the bourgeoisie and the aristocracy, came together—in commerce, public welfare, scientific academies, salons, cafés, public libraries, and various other social situations not protorevolutionary in character—to create a bond among equals [End Page 279] under the ancien régime. In this framework, progress and modernity are born during the absolute monarchy where sociability suggests conviviality rather than class warfare. Every major French novel of the eighteenth century supports Gordon’s refutation of De Toqueville’s surprising statement that “noblemen and bourgeois never met except by chance in private life “in prerevolutionary France” (p. 27).In chapters two and three, Gordon examines the nature of the rules of sociability found in courtesy literature and their functioning as the imagined basis of the newly invented idealized space called société. In addition to analyzing in great detail the nature and frequency of the vocabulary invented to define and describe sociabilité, Gordon discusses sociabilité in the context of natural law theory in Hobbes, Bossuet, and among others, Pufendorf, who wanted to refute Hobbes by showing that self-interest leads humans to establish stable social relations even before government orders them to do so. Holbach surfaces here too for having amalgamated the older language of politeness and the newer language of natural law. In Holbach, as in the Encyclopédie, sociability, based on egalitarian premises of natural law, is nonetheless fully compatible with the hierarchical regime. Among other things, this shows clearly that the philosophes never preached the French Revolution. Striving to eliminate the abuses of despotism and establish equality in private life was not tantamount to working for political equality and the abolition of all rank. In this same vein, Gordon paints the apolitical essence of the private sphere and, by a rigorous study of the seventeenth-century manuals of polite living, shows convincingly (this time against Elias who saw the court as a model of refined behavior) that the salon was indeed a world unto itself, independent of preexisting social hierarchies. Rejecting Paul Hazard’s conception of absolute rupture between seventeenth-century culture and eighteenth-century thought, Gordon destroys the facile dichotomy between seventeenth-century hierarchy and eighteenth-century equality and, once again, admirably depicts the compatibility of Enlightenment and absolutism.If chapters one to three underscore a certain continuity between the seventeenth and eighteenth centuries, chapters four and five explain important changes. It is not, for example, the mere preservation of the idea of sociable communication but rather its new use that is germane in understanding the Enlightenment. Now “conversation” and “civility” no longer had meaning only for an urban elite but had in fact become ideals in all philosophical endeavors including the writing of universal history. Sociable communication had become the defining characteristic of modern nations. In the fourth chapter, by analyzing in detail the works of Jean-Baptiste Suard, Gordon demonstrates the meaning that the writing of universal history in Scotland acquired within the French... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Citizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789Patrick HenryCitizens Without Sovereignty: Equality and Sociability in French Thought, 1670–1789, by Daniel Gordon; viii & 270 pp. Princeton: Princeton University Press, 1994, $39.50.Under examination here is the early modern period in France from Louis XIV to the French Revolution when kings ruled absolutely and citizens were without sovereignty. Discarding the traditional image of the Enlightenment as the absolute (...) enemy of absolutism, Gordon, in this sense, follows Norbert Elias and Robert Darnton who treat the Enlightenment as part of an elitist and hierarchical establishment. More specifically, as his subtitle indicates, Gordon portrays the invention of a “nonpolitical polis” (p. 6), an ideological social space where, despite political inequality, citizens could practice social equality in a hierarchical régime. The rise of this “nondemocratic egalitarian ethos” (p. 7) brought with it a new cult of sociabilité, a term invented in the eighteenth century to describe the idealization of the private sphere and the practice of social equality.The first chapter, then, ties sociability not to democracy, as in the Habermasian model, but to the absolutism that stimulated it and coexisted with it. A series of five ideal types of sociability depict how men and women, members of the bourgeoisie and the aristocracy, came together—in commerce, public welfare, scientific academies, salons, cafés, public libraries, and various other social situations not protorevolutionary in character—to create a bond among equals [End Page 279] under the ancien régime. In this framework, progress and modernity are born during the absolute monarchy where sociability suggests conviviality rather than class warfare. Every major French novel of the eighteenth century supports Gordon’s refutation of De Toqueville’s surprising statement that “noblemen and bourgeois never met except by chance in private life “in prerevolutionary France” (p. 27).In chapters two and three, Gordon examines the nature of the rules of sociability found in courtesy literature and their functioning as the imagined basis of the newly invented idealized space called société. In addition to analyzing in great detail the nature and frequency of the vocabulary invented to define and describe sociabilité, Gordon discusses sociabilité in the context of natural law theory in Hobbes, Bossuet, and among others, Pufendorf, who wanted to refute Hobbes by showing that self-interest leads humans to establish stable social relations even before government orders them to do so. Holbach surfaces here too for having amalgamated the older language of politeness and the newer language of natural law. In Holbach, as in the Encyclopédie, sociability, based on egalitarian premises of natural law, is nonetheless fully compatible with the hierarchical regime. Among other things, this shows clearly that the philosophes never preached the French Revolution. Striving to eliminate the abuses of despotism and establish equality in private life was not tantamount to working for political equality and the abolition of all rank. In this same vein, Gordon paints the apolitical essence of the private sphere and, by a rigorous study of the seventeenth-century manuals of polite living, shows convincingly (this time against Elias who saw the court as a model of refined behavior) that the salon was indeed a world unto itself, independent of preexisting social hierarchies. Rejecting Paul Hazard’s conception of absolute rupture between seventeenth-century culture and eighteenth-century thought, Gordon destroys the facile dichotomy between seventeenth-century hierarchy and eighteenth-century equality and, once again, admirably depicts the compatibility of Enlightenment and absolutism.If chapters one to three underscore a certain continuity between the seventeenth and eighteenth centuries, chapters four and five explain important changes. It is not, for example, the mere preservation of the idea of sociable communication but rather its new use that is germane in understanding the Enlightenment. Now “conversation” and “civility” no longer had meaning only for an urban elite but had in fact become ideals in all philosophical endeavors including the writing of universal history. Sociable communication had become the defining characteristic of modern nations. In the fourth chapter, by analyzing in detail the works of Jean-Baptiste Suard, Gordon demonstrates the meaning that the writing of universal history in Scotland acquired within the French... (shrink)

Nous reproduisons ici, avec l’aimable autorisation de la Hofbibliothek Aschaffenburg (Allemagne), la courte correspondance inédite entre Dingler et Henri Poincaré. Cette correspondance, conservée aux Archives Dingler dans la Hofbibliothek Aschaffenburg (et mentionnée dans le catalogue du Nachlass de Dingler [Wolters & Schroeder-Heister 1979]), consiste en trois documents : un brouillon en allemand de la main de Dingler, sa traduction française par une autre plume, mais avec des corrections ef...

Henry More est le plus connu des Platoniciens de Cambridge et l’Enchiridion Metaphysicum, son dernier ouvrage, représente l’accomplissement de sa pensée. Il s’agit d’une enquête métaphysique dont le principal objectif est d’établir l’existence d’une substance immatérielle, d’une âme du monde, sorte d’intermédiaire entre Dieu et le monde par laquelle les choses agissent. More nous invite ainsi à découvrir la vraie métaphysique qui consiste en la découverte de la nature véritable de l’étendue des êtres spirituels comme Dieu, les anges et (...) les démons, l’espace, les âmes individuelles des hommes ou des bêtes. Ce manuel de métaphysique prend appui sur le mécanisme cartésien pour mieux le contredire et démontre que l’extension spirituelle est la principale qualité des esprits. Cette doctrine conduira More à re-diviniser l’espace pour l’instituer à l’instar des kabbalistes de l’école de Safed, comme lieu de la possibilité de l’existence du monde. More montre ainsi les limites des mécanismes d’Hobbes et de Descartes tout en essayant de composer avec d’autres savants mécanistes tels que Robert Boyle et Robert Hooke. Quelques années plus tard, à Cambridge, Newton, sur les pas d’Henry More, pensera la nature de son espace physique comme un espace de nature divine, comme un Sensorium Dei. ---------------------------------------------------------------------------------------------------- ------------- Biographie de l'auteur: Françoise Monnoyeur est Docent en philosophie (Associate Professor). Elle enseigne la philosophie et l’histoire des sciences en France, aux États-Unis et en Suède. Elle est chercheur associée au centre Jean Pépin, Paris, France. Ses principaux ouvrages portent sur Descartes, l’infini, la matière, la vie. (shrink)

A prolonged confrontation between Yahoo! Inc. and French activists who demand the removal of Nazi items from auction sites as well as restricted access to neo-Nazis sites is described and analyzed. We present the case up to the decision of Yahoo! Inc. to remove the items from yahoo.com following a French court's verdict against the firm. Using a business ethics approach, we distinguish legal, technical, philosophical and managerial issues involved in the case and their management by Yahoo! We conclude on (...) the difficulty of governing relations with society from corporate and legal affairs departments at the headquarters level, and on the clash of two visions over the regulation of social freedom. (shrink)

A prolonged confrontation between Yahoo! Inc. and French activists who demand the removal of Nazi items from auction sites as well as restricted access to neo-Nazis sites is described and analyzed. We present the case up to the decision of Yahoo! Inc. to remove the items from yahoo.com following a French court's verdict against the firm. Using a business ethics approach, we distinguish legal, technical, philosophical and managerial issues involved in the case and their management by Yahoo! We conclude on (...) the difficulty of governing relations with society from corporate and legal affairs departments at the headquarters level, and on the clash of two visions over the regulation of social freedom. (shrink)

Between 1234 and 1258 King Henry III, having emerged from the tutelage of ministers inherited from his father, controlled the government of England himself. Looking at this period of personal rule, it would be easy to gain the impression that Henry's kingship, in its theory, and also to some extent its practice, challenged the position of the magnates. M. T. Clanchy, for example, in a justly famous article has suggested that in the 1240s and 1250s Henry III (...) evolved a theory of royal absolutism, a theory which had threatening implications for the magnates. He has also stressed the extent to which Henry was “the initiator both of the methods and of the theory” behind Edward I's quo warranto campaign, which questioned the liberties possessed by the magnates in the field of local government. As for Henry's court, the impression has been given by R. F. Treharne that few English barons were present there, and that the king was largely surrounded by officials and foreign relatives — the latter being his wife's Savoyard uncles and his own Poitevin half-brothers of the house of Lusignan. G. W. S. Barrow has written that Henry “appeared to be excluding the barons as a class from membership of his royal council.” The question whether Henry, like his father John, was pressing magnates to pay their debts has never been investigated; but Matthew Paris's picture of the king as a “vigilant and indefatigable searcher after money” might indicate that the revolution of 1258, like that of 1215, was a “rebellion of the king's debtors.”. (shrink)

This paper argues that Henry Sidgwick’s account of the relationship between the right and the good, as well as his theory of the good are still undervalued in many respects. An applied section illustrates the practical significance of this finding. In cases in which shooting down a passenger plane can save a greater number of people on the ground, and no other relevant considerations apply, the passengers should desire their own destruction—not only to promote the general good, but also (...) in order to reach the only good they can still secure for themselves: giving their inevitable deaths a positive meaning. This utilitarian position regarding some one-versus-the-many cases has been overlooked in the German Supreme Court ruling on the destruction of 9/11 airplanes in 2006. (shrink)

Plato's confrontation with Dionysius I, the so-called “tyrant of Sicily,” became famous as a cautionary tale of the perils of offering unwelcome advice to a powerful prince. Within early modern England, this tale took on added currency in the context of humanists' ambitions to serve as counselors in the court of Henry VIII. The humanist scholar Thomas Elyot (1490–1546), who briefly and unsuccessfully served at Henry's court, re-created Plato's exchange with Dionysius I in his dramatic dialogue The Knowledge (...) Whiche Maketh a Wise Man (1533). In his dialogue, Elyot imagines Plato returning to Athens after his brief period of enslavement, where he meets the philosopher/rhetorician Aristippus. Aristippus challenges Plato by positing that Plato's dangerous words to Dionysius violated rhetorical tenets of propriety and timing. In the course of their extended exchange, two different versions of the rhetoric of counsel surface—one based on principles of philosophy and one based on strategic rhetoric. (shrink)

In a recent article, Henri Wijsbek discusses the 1991 Chabot “psychiatric euthanasia” case in the Netherlands, and argues that Chabot was justified in helping his patient to die. Dutch legislation at the time permitted physician assisted suicide when the patient’s condition is severe, hopeless, and unbearable. The Dutch Supreme Court agreed with Chabot that the patient met these criteria because of her justified depression, even though she was somatically healthy. Wijsbek argues that in this case, the patient’s integrity had been (...) undermined by recent events, and that this is the basis for taking her request seriously; it was unreasonable to expect that she could start again. In this paper, I do not challenge the Dutch euthanasia criteria in the case of somatic illness, but I argue that both Chabot and Wijsbek are wrong because we can never be sufficiently confident in cases of severe exogenous depression to assist the patient in her irreversible act. This is partly because of the essential difference between somatic and mental illness, and because of the possibility of therapy and other help. In addition, I argue that Wijsbek’s concept of integrity cannot do the work that he expects of it. Finally, I consider a 2011 position paper from the Royal Dutch Medical Association on euthanasia, and the implications it might have for Chabot-style cases in the future. (shrink)

Do children have a theory of mind? If they do, at what age is it acquired? What is the content of the theory, and how does it differ from that of adults? The Child's Theory of Mind integrates the diverse strands of this rapidly expanding field of study. It charts children's knowledge about a fundamental topic - the mind - and characterizes that developing knowledge as a coherent commonsense theory, strongly advancing the understanding of everyday theories as well as the (...) commonsense theory of mind. Wellman presents evidence that children as young as age three do possess a commonsense theory of mind - that they grasp the distinction between mental constructs and physical entities and that they have an understanding of the relationship between individuals' mental states and their overt actions. He delves in detail into questions about the nature of adults' commonsense theories of mind and about the nature of commonsense theories. Wellman then examines the content of the three-year-old's theory of mind, the nature of children's notions of mind before age three, the changes in the theory during subsequent development from ages three to six, and the young child's conception of mind in comparison with those of older children and adults. Henry M. Wellman is a Professor in the Department of Psychology and the Center for Human Growth and Development at the University of Michigan at Ann Arbor. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"A Woman's Thought Runs Before Her Actions":Vows as Speech Acts in As You Like ItWilliam O. ScottAbout a decade ago Susanne Wofford discussed As You Like It from the viewpoint that Rosalind uses a "proxy," her guise as Ganymede, in uttering "the performative language necessary to accomplish deeds such as marriage." 1 Thus Wofford complicated and qualified the success-oriented assumptions about performative usage of language as envisioned in Austin's (...) speech-act theories. 2 Her starting point was that (as Austin himself said) these performative usages don't have the same kind of force if they are included in a play; and so she proposed to take Rosalind's uses of vows as playful, both theatrically and personally. Her notion of the proxy, which raises questions too about the binding force of the speech act through the identity and tactics of the speaker, is especially apt in describing exactly what Rosalind does. Understandably Rosalind's performative manqué may be a prelude to the perfected form. Another complication suggests itself if one is going to attend to niceties of language usage: given that for Austin a performative procedure is founded on conventions of language, shouldn't one also examine such linguistic forms historically? For this play the most relevant form to consider historically is the vow.The precise formulation of vows, in espousal or marriage (both legally enforceable in church courts), was very important in early-modern England. One may wonder, then, what the formal requirements of [End Page 528] vows were, how much the analysis of them resembled and diverged from modern speech-act philosophy, and how the vows functioned. And one might ask such questions both about this play and about real-life practice. A more exact notion of vows may enrich our notions of Rosalind's playfulness with them and broaden our sense of the uses and tactics of performatives; and to the extent that this playfulness contrasts with Rosalind's serious (re)iteration of vows at the end of the play, we should give due weight to Carol Neely's suggestion that much of the pleasure for early-modern audiences lay in the body of the play rather than its conclusion. 3The actual vows between lovers would indeed lend themselves to historicized analysis of the speech acts that constitute them. The early-modern ecclesiastical court judge Henry Swinburne made something like that in his Treatise of Spousals, with his section "By what Form of Words Spousals de futuro are contracted," and similarly on the form of words in "Spousals de praesenti." 4 The implied time of effectiveness in the commitment to marriage is crucial in church law of the time, because it determines whether the vows are, respectively, a betrothal that promises a future marriage, or a present binding (whether inside or outside church) that becomes an instant marriage upon carnal consummation. Both these declarations of commitment are performatives (once reciprocated), and they are normally established by social convention, what Swinburne calls "the Common use of Speech or Custom" (p. 83). Swinburne also concerns himself with what amount to the conditions of "felicity" that are requisite to make the speech valid—for instance, who is allowed to contract spousals (cp. Austin, pp. 14–24).Both of these issues of timing and eligibility are important to Rosalind in the pretense of wedding in Act 4, Scene 1. As it is for Swinburne, the context is important: when Celia as priest asks, "Will you, Orlando, have to wife this Rosalind?" his answer "I will" is not good enough for Rosalind until he adds at her direction, "I take thee, Rosalind, for wife." 5 Likewise Swinburne considers at length the arguments whether there is a distinction between "I will" and "I do," and whether the future-sounding verb refers only to the beginning of a process and not its completion (pp. 8–9, 57–61). Though in general he allows the distinction (so that "I will" makes a spousal and "I do" a marriage), one of his exceptions sounds like the question that Celia first puts: "The Man demanding of the Woman whether she will take him to her Husband, she answereth [I will... (shrink)

Excerpt from The Appeal to Immediate Experience: Philosophic Method in Bradley Whitehead and Dewey The insight and guidance of Professor John Herman Randall, Jr. have made this book possible. Rather than merely acknowledge my debt to him I would like to express my gratitude here for his unfailing kindness, his penetrating criticism of my efforts, and the help he has given me in clarifying the complex problems of this subject-matter. I wish also to acknowledge the kindness of the following publishers (...) in permitting me to quote from their publications: F. H. Bradley, Appearance and Reality, by Allen and Unwin Ltd.; J. H. Randall, Jr. and J. Buchler, Philosophy: An Introduction, by Barnes Noble, Inc.; F. H. Bradley, Appearance and Reality and Essays on Truth and Reality, by Clarendon Press, Oxford; F. J. E. Woodbridge, Nature and Mind, by Columbia University Press; R. W. Church, Bradley's Dialectic, by Cornell University Press; John Dewey, The Man and His Philosophy, by Harvard University Press; J. Dewey, Logic and Influence of Darwin on Philosophy, by Henry Holt Company; R. Kagey, F. H. Bradley's Logic, by R. Kagey; J. Dewey, Nature in Experience and Whitehead's Philosophy, by Longmans, Green & Co.; A. N. Whitehead, Symbolism, Modes of Thought, Adventures of Ideas, Process and Reality, T. M. Forsyth, English Philosophy, and J. H. Muirhead, Bradley's Place in Philosophy, by the Macmillan Company; A. N. Whitehead, The Concept of Nature-and An Equiry Concerning the Principles of Natural Knowledge, by the Macmillan Company and the Cambridge University Press; H. B. Haldane, Human Experience, by John Murray Ltd.; J. Goheen, Whitehead's Theory of Value, by Northwestern University Press; J. Dewey, Experience and Nature, by Open Court Publishing Co.; G. Santayana, Realm of Essence and Scepticism and Animal Faith, by Charles Scribner's Sons; and J. Dewey, "How is Mind to be Known?" The Objectivism-Subjectivism of Modern Philosophy," M. Gross, The Philosophy of A. N. Whitehead," and M. C. Otto, The Journal of Philosophy. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Bringing together evolutionary biology, psychology, and philosophy, Henry Plotkin presents a new science of knowledge, one that traces an unbreakable link between instinct and our ability to know.

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

cognitive, neuropsychological, and neurophysiological studies of both memory and consciousness. Before proceeding further, some discussion of terminology is necessary. It comes as no surprise to state that "consciousness" is one of the ...

This paper argues that Henry Sidgwick's theory of the good is a form of enlightened preference hedonism. In order to support this conclusion, the paper argues that the correct interpretation of his notorious passage about the 'ideal element' of the good should get tied to his views about weakness of the will. Sidgwick believes that reaching your own good requires overcoming weakness of the will. An applied section illustrates the practical significance of this finding. In cases in which shooting (...) down a passenger plane can save a greater number of people on the ground, and no other relevant considerations apply, the passengers should desire their own destruction-not only to promote the general good, but also in order to reach the only good they can still secure for themselves: giving their inevitable deaths a positive meaning. This utilitarian position regarding some one-versusthe-many cases has been overlooked in the German Supreme Court ruling on the destruction of 9/11 airplanes in 2006. (shrink)

Modernity is founded on the belief that the world we build is a human invention, not a part of nature. The ecological consequences of this idea have been catastrophic. We have laid waste to natural ecosystems, replacing them with fundamentally unsustainable human designs. With time running out to address the environmental crises we have caused, our best path forward is to turn to nature for guidance. In this book, Henry Dicks explores the philosophical significance of a revolutionary approach to (...) sustainable innovation: biomimicry. The term describes the application and adaptation of strategies found in nature to the development of artificial products and systems, such as passive cooling techniques modeled on termite mounds or solar cells modeled on leaves. Dicks argues that biomimicry, typically seen as just a design strategy, can also serve as the basis for a new environmental philosophy that radically alters how we understand and relate to the natural world. By showing how we can imitate, emulate, and learn from nature, biomimicry points us toward a genuinely sustainable way of inhabiting the earth. Rooted in philosophy, The Biomimicry Revolution has profound implications spanning the natural sciences, design, architecture, sustainability studies, science and technology studies, and the environmental humanities. It presents a sweeping reconception of what philosophy can be and offers a powerful new vision of terrestrial existence. (shrink)

Researchers do not owe their subjects the same level of care that physicians owe patients, but they owe more than merely what the research protocol stipulates. In keeping with the dynamics of the relationship between researcher and subject, they have limited but substantive fiduciary obligations.

This book is both a critique of the concept of the rights-holding, free, autonomous individual and attendant ideology dominant in the contemporary West, and an account of an alternative view, that of the role-bearing, interrelated responsible person of classical Confucianism, suitably modified for addressing the manifold problems of today.

Few if any philosophical schools have championed family values as persistently as the early Confucians, and a great deal can be learned by attending to what they had to say on the subject. In the Confucian tradition, human morality and the personal realization it inspires are grounded in the cultivation of family feeling. One may even go so far as to say that, for China, family reverence was a necessary condition for developing any of the other human qualities of excellence. (...) On the basis of the present translation of the Xiaojing (Classic of Family Reverence) and supplemental passages found in other early philosophical writings, Professors Rosemont and Ames articulate a specifically Confucian conception of "role ethics" that, in its emphasis on a relational conception of the person, is markedly different from most early and contemporary dominant Western moral theories. This Confucian role ethics takes as its inspiration the perceived necessity of family feeling as the entry point in the development of moral competence and as a guide to the religious life as well. In the lengthy introduction, two senior scholars offer their perspective on the historical, philosophical, and religious dimensions of the Xiaojing. Together with this introduction, a lexicon of key terms presents a context for the Xiaojing and provides guidelines for interpreting the text historically in China as well as suggesting its contemporary significance for all societies. The inclusion of the Chinese text adds yet another dimension to this important study. The Chinese Classic of Family Reverence is sure to appeal to specialists of comparative and Chinese philosophy and to all readers interested in the enduring importance of the family. (shrink)

is an unusual phenomenon. The concern with rights different citizens have in different societies is legal rather than philosophical. It is frequently somewhat a technical matter for jurisprudence to decide exactly what rights a citizen has in a given situation and how he might best exercise his rights. Often, to be sure, the legal technicalities involve matters of principle, and if so these should be made explicit. For this, too, there is a need less for philosophy and more for jurisprudence, (...) for detailed legal study. For example, the problems concerning interests of third parties - related to the questions of when is a third party an aggrieved person, so-called, and what are the rights of the aggrieved third party - have been taken up, in the sixties, by diverse federal courts of the United States, with the aim of increasing individual rights when these are encroached upon by public agencies.1 Although this may call for much philosophical commentary, it is clearly more a legal matter than a philosophical concern. Even the broadly philosophical question of rights within a legal system requires a greater degree of legal than philosophical considerations. Recently H.L.A. Hart, the foremost living legal philosopher, has cited Sir Henry Maine (1891) and William Warwick Buckland (1950) approvingly to support his view that even "Roman law never achieved a clear concept of a legal right." 2 It is not clear to a philosopher what "a clear concept of legal rights" might be, and a philosopher like Hannah Arendt never. concerned herself with this matter when she expressed her admiration for the rights of a Roman citizen to his privacy.3 Regardless of whether we admire or deplore this, we can agree that at least in principle a Roman citizen had more rights and prerogatives within his family than any modern civilized law would ever permit. A philosopher with only a modicum of sensitivity can say that although Rome was not a democracy, and even though in Rome the rights of women and children (not to mention slaves) were not recognized, the rights of citizens to privacy and to be free of the need ever to prove their innocence have nevertheless become the foundation stones of modern liberal individualistic democracy.. (shrink)

The notion that it is useful to specify norms progressively in order to resolve doubts about what to do, which I developed initially in a 1990 article, has been only partly assimilated by the bioethics literature. The thought is not just that it is helpful to work with relatively specific norms. It is more than that: specification can replace deductive subsumption and balancing. Here I argue against two versions of reliance on balancing that are prominent in recent bioethical discussions. Without (...) meaning to address the substance or the overall merits of either view I criticize, I attack Gert, Culver and Clouser's implicit reliance on some overall dimension of balancing as a basis of resolving conflicts among norms and Beauchamp and Childress's residual acceptance of 'justified balancing'. The former authors' description of resolving conflicts depends upon a type of value commensurability that (as they otherwise seem to admit) does not obtain, while the latter authors' role for justified balancing would be better served by continued specification. (shrink)

John Stuart Mill was the leading British philosopher of the nineteenth century and his famous essay Utilitarianism is the most influential statement of the philosophy of utilitarianism: that actions, laws, policies and institutions are to be evaluated by their utility or contribution to good or bad consequences. Henry West has written the most up-to-date and user-friendly introduction to utilitarianism available. The book serves as both a commentary to and interpretation of the text. It also defends Mill against his critics. (...) An appendix reviews in detail the structure and arguments of Utilitarianism. This book is primarily intended as a textbook for students in philosophy assigned to read Utilitarianism but it should also prove helpful to students and professionals in other fields such as political science, history and economics. (shrink)

Overview * Part I: Introduction * Philip Appleman, Darwin: On Changing the Mind * Part II: Darwin’s Life * Ernst Mayr, Who Is Darwin? * Part III: Scientific Thought: Just before Darwin * Sir Gavin de Beer, Biology before the Beagle * Thomas Robert Malthus, An Essay on the Principle of Population * William Paley, Natural Theology * Jean Baptiste Pierre Antoine de Monet Lamarck, Zoological Philisophy * Charles Lyell, Principles of Geology * John Herschell, The Study of Natural Philosophy (...) * William Whewell, Astronomy and General Physics Considered with Reference to Natural Theology * Alfred Russel Wallace, On the Tendency of Varieties to Depart Indefinitely from the Original Type * Part IV: Selections from Darwin’s Work * The Voyage of the Beagle * o Chapter I. St. Jago-Cape de Verd Island o Chapter XVII. Galapagos Archipelago * On the Tendency of Species to Form Varieties; and On the Perpetuation of Varieties and Species by Natural Means of Selection * o I. Extract from an unpublished Work on Species, by C. Darwin, Esq.... o II.of Letter from C. Darwin, Esq., to Prof. Asa Gray, Boston, U.S., dated Down, September 5th, 1857 * An Historical Sketch of the Progress of Opinion on the Origin of Species, previously to the : Publication of This Work The Origin of Species * o Introduction o Chapter I. Variation under Domestication o Chapter II. Variation under Nature o Chapter III. Struggle for Existence o Chapter IV. Natural Selection o Chapter VI. Difficulties on Theory o Chapter IX. On the Imperfections of the Geological Record o Chapter XIII. Mutual Affinities of Organic Beings: Morphology: Embryology: Rudimentary Organs o Chapter XIV. Recapitulation and Conclusion * The Descent of Man * o Introduction o Chapter I. The Evidence of the Descent of Man from Some Lower Form o Chapter II. On the Manner of Development of Man from Some Lower Form o Chapter III. Comparison of the Mental Powers of Man and the Lower Animals o Chapter VI. On the Affinities and Genealogy of Man o Chapter VIII. Principles of Sexual Selection o Chapter XIX. Secondary Sexual Characters of Man o Chapter XX. Secondary Sexual Characters of Man-continued o Chapter XXI. General Summary and Conclusion * Part V: Darwin’s Influence on Science * THE VICTORIAN OPPOSITION TO DARWIN * o David L. Hull, Darwin and His Critics o Adam Sedgwick, Objections to Mr. Darwin’s Theory of the Origin of Species o Sir Richard Owen, Darwin on the Origin of Species o Fleeming Jenkin, Review of the Origin of Species * VICTORIAN SUPPORTERS OF DARWIN * o Joseph Dalton Hooker, Flora Tasmaniae o Thomas Henry Huxley, On the Relations of Man to the Lowe Animals o Charles Lyell, Principles of Geology o Alfred Russel Wallace, The Debt of Science to Darwin * DARWIN AND THE SHAPING OF MODERN SCIENCE * o Scientific Method in Evolution o National Academy of Sciences, Evolution and the Nature of Science o Richard Dawkins, Explaining the Very Improbable o Lewis Thomas, On the Uncertainty of Science o Noretta Koetge, Postmodernisms and the Problem of Scientific Literary o Richard Dawkins, Science and Sensibility o The Neo-Darwinian Synthesis o Peter Bowler, The Evolutionary Synthesis o The Human Genealogy o Adam Kuper, The Chosen Primate o Ian Tattersall, Out of Africa Again... and Again? o Stephen Jay Gould, The Human Difference o Punctuated Equilibrium o Stephen Jay Gould, [On Punctuated Equilibrium] o Niles Eldredge, The Great Stasis Debate o Rethinking Taxonomy o Kevin Padian, Darwin’s Views of Classification o David L. Hull, Cladistic Analysis o Kevin Padian and Luis M. Chiappe, Cladistics in Action: The Origin of Birds and Their Flight o Evolution as Observable Fact o James L. Gould and William T. Keeton with Carol Grant Gould, How Natural Selection Operates o Peter r. Grant, Natural Selection and Darwin’s Finches o John A. Endler, Natural Selection in the Wild * Part VI: Darwinian Patterns in Social Thought * COMPETITION AND COOPERATION * o Richard Hofstadter, The Vogue of Spencer o Andrew Carnegie, The Gospel of Wealth o Peter Kropotkin, Mutual Aid o Martin A. Nowak, Robert M. May, and Karl Sigmund, The Arithmetics of Mutual Help * NATURE AND NURTURE * o Edward O. Wilson, Sociobiology: The New Synthesis o Stephen Jay Gould, Biological Potentiality vs. Biological Determination o Barbara Ehrenreich and Janet McIntosh, The New Creationism: Biology under Attack * EVOLUTION AND GENDER * o Elizabeth Cady Stanton, The Woman’s Bible o Nancy Makepeace Tanner, On Becoming Human o Evelleen Richards, Darwin and the Descent of Woman o James Eli Adams, Woman Red in Tooth and Claw * EVOLUTION AND OTHER DISCIPLINES * o Edward O. Wilson, [On Consilience] o Randolph H. Nesse and George C. Williams, Evolution and the Origin of Disease o Steven Pinker, How the Mind Works o Steve Jones, The Set within the Skull * Part VII: Darwinian Influences in Philosophy and Ethics * John Dewey, The Influence of Darwin on Philosophy * Daniel C. Dennett, Darwin’s Dangerous Idea: Natural Selection as an Algorithmic Process * Michael Ruse Darwinian Epistemology * Thomas Henry Huxley, Evolution and Ethics * Julian Huxley, Evolutionary Ethics * Michael Ruse and Edward O. Wilson, The Evolution of Ethics * Frans de Waal, Good Natured: The Origin of Right and Wrong in Humans and Other Animals * Matt Ridley, The Origins of Virtue * Part VIII: Evolutionary Theory and Religious Theory * MAINSTREAM RELIGIOUS SUPPORT FOR EVOLUTION * o Pope John Paul II, Message to the Pontifical Academy of Sciences o Central Conference of American Rabbis, On Creationism in School Textbooks o United Presbyterian Church in the U.S.A., Evolution and Creationsim o The Lutheran World Federation, [Statement on Evolution] o The General Convention of the Episcopal Church, Resolution on Evolutionism and Creationism o Unitariuan Universalist Association, Resolution Opposing "Scientific Creationism" * FUNDAMENTALIST CREATIONISM * o Eugene C. Scott, Antievolution and Creationism in the United States o The Scopes Trial o Thomas McIver, Orthodox Jewish Creationists o Harun Yahya, [Islamic Creationism] o Seami Srila Prabhupada, [A Hare Krishna on Darwinian Evolution] o Institute for Creation Research, Tenets of Creationism o Henry M. Morris, Scientific Creationism o Thomas J. Wheeler, Review of Morris o Richard D. Sjolund and Betty McCollister, Evolution at the Grass Roots o Richard D. Sjolund, [Creationism versus Biotechnology] o Betty McCollister, [The Politics of Creationism] o Molleen Matsumara, What Do Christians Really Believe about Evolution? o National Center for Science Education, Seven Significant Court Decisions Regarding Evolution/Creation Issues * PERSONAL INCREDULITY AND ANTIEVOLUTIONISM * o Richard Dawkins, [The Argument from Personal Incredulity] o Phillip E. Johnson, Darwin on Trial o Eugenie C. Scott, Review of Johnson o Michael Behe, Darwin’s Black Box o Robert Dorit, Review of Behe o Michael Ruse, Darwin’s New Critics on Trial * SCIENTISTS’ OPPOSITION TO CREATIONISM * o American Association for the Advancement of Science, Forced Teaching of Creationist Beliefs in Public School Science Education o American Institute of Biological Sciences, Resolution Oposing Creationism in Science Courses o National Association of Biology Teachers, Statement on Teaching Evolution o National Academy of Sciences, Frequently Asked Questions about Evolution and the Nature of Science * FUNDAMENTALIST CREATIONISM AND THE VALUE OF SATIRE * o Michael Shermer, Genesis Revisted: A Scientific Creation Story o Philip Appleman, Darwin’s Ark * Part IX: Darwin and the Literary Mind * DARWIN’S LITERARY SENSIBILITY * o Charles Darwin, Autobiography o L. Robert Stevens, Darwin’s Humane Reading o George Levine, Darwin and Pain: Why Science Made Shakespeare Nauseating o Gillian Beer, Darwin’s Plots * DARWIN’S INFLUENCE ON LITERATURE * o Lionel Stevenson, Darwin among the Poets o George Levine, Darwin among the Novelists o Joseph Wood Krutch, The Tragic Fallacy o Herbert J. Muller, Modern Tragedy o Philip Appleman, Darwin-Sightings in Recent Literature. (shrink)