This paper examines hart's model (1967) of the retributive theory. section i criticizes the model for not answering all the main questions to which a theory of punishment should be addressed, as hart alleges it does. section ii criticizes the model for its omission of the concept of desert. section iii criticizes attempts by card (1973) and by von hirsch (1976) to provide new ways of proportioning punitive severity to criminal injury. section iv discusses the idea of retribution in justifying (...) aim and criticizes the theory of fingarette (1977). the conclusion is that the new retributivists have not solved the problems inherent to older versions of the theory. (shrink)

Nietzsche's impact on the world of culture, philosophy, and the arts is uncontested, but his political thought remains mired in controversy. By placing Nietzsche back in his late-nineteenth-century German context, Nietzsche's Great Politics moves away from the disputes surrounding Nietzsche's appropriation by the Nazis and challenges the use of the philosopher in postmodern democratic thought. Rather than starting with contemporary democratic theory or continental philosophy, Hugo Drochon argues that Nietzsche's political ideas must first be understood in light of Bismarck's (...) policies, in particular his "Great Politics," which transformed the international politics of the late nineteenth century. Nietzsche's Great Politics shows how Nietzsche made Bismarck's notion his own, enabling him to offer a vision of a unified European political order that was to serve as a counterbalance to both Britain and Russia. This order was to be led by a "good European" cultural elite whose goal would be to encourage the rebirth of Greek high culture. In relocating Nietzsche's politics to their own time, the book offers not only a novel reading of the philosopher but also a more accurate picture of why his political thought remains so relevant today. -- from dust jacket. (shrink)

In this provocative study, Bedau demonstrates the usefulness of "casuistry," or "the method of cases" in arriving at moral decisions. He examines well-known cases, including the aftermath of the sinking of the William Brown in 1841, that compel us to consider questions about who ought to survive when not all can. By doing so, we learn something about how we actually reason concerning such life and death situations, as well as about how we ought to reason if we wish both (...) to be consistent and to properly respect human life. Bedau's elegant book will be a valuable resource for students, philosophers, and general readers. (shrink)

In 2019, a new national Ethics Review Authority (Etikprövningsmyndigheten, EPM) was created in Sweden. In 2020, Sweden’s Ethical Review of Research Involving Humans Act was revised, tightening this legislation, and increasing penalties for its infraction. This article draws on empirical material generated by artistic research conducted with a norm-critical contemporary music ensemble. Two of the musicians who collaborated with this research identify as disabled. Consequently, in accordance with EPM, my artistic research was subject to mandatory ethics review. Reflecting critically on (...) my own experience of seeking ethical approval for this artistic research project, I show how EPM’s process of ethics review enacts scientific boundary work in Sweden that privileges the interests of academic disciplines that are already well-established. As a corrective to EPM’s scientific boundary work I propose the application of an ethics of care that recognises the complex relationalities that exist between research institutions, researchers and research participants. (shrink)

El presente artículo aborda las relaciones entre el pensamiento estructuralista, especialmente la variante antropológica de éste en Lévi-Strauss y la teoría de sistemas sociales de Luhmann. El análisis se hace a través de dos hipótesis que guían el desarrollo del texto. Se revisan los antecedentes h..

Originally presented as the author's thesis, Heidelberg, 1976, under the title: Elemente zu Hegels Auseinandersetzung mit Kant und Fichte in Teubingen und Bern.

This article addresses the relationship between the structuralism, especially the anthropological version of the latter in Levi-Strauss and Luhmann’s theory of social systems. The analysis is done through two guiding hypotheses. It reviews the historical background relating structuralism with systems theory and discusses the fundamental concepts that appear in this relationship. Luhmann's systems thinking are contrasted in some of its central concepts with Lévi-Strauss’s structuralist perspective. The paper concludes with a review of the hypotheses presented and some proposals about the (...) perspective of the social systems. El presente artículo aborda las relaciones entre el pensamiento estructuralista, especialmente la variante antropológica de éste en Lévi-Strauss y la teoría de sistemas sociales de Luhmann. El análisis se hace a través de dos hipótesis que guían el desarrollo del texto. Se revisan los antecedentes históricos que relacionan al estructuralismo con la teoría de sistemas y se analizan los conceptos fundamentales que aparecen en esta relación. Posteriormente el pensamiento sistémico de Luhmann se contrasta a partir de algunos de sus conceptos centrales con la perspectiva estructuralista de Lévi-Strauss. El trabajo concluye con una revisión de las hipótesis presentadas y con reflexiones globales acerca de la perspectiva de los sistemas sociales. (shrink)

Alfred Schmidt se coloca fuera del dogma del “marxismo soviético”. Considera textos inéditos en la vida de Marx, que permiten comprender los resultados en las obras centrales. Desde el concepto de naturaleza, discute la relación sujeto-objeto y necesidad- libertad. La naturaleza está mediada socio- ..

Die Fragestellungen der Metaphysik, so scheint es, sind nicht mehr zeitgemäß. Der Begriff erinnert an abgehobene Systeme ohne jeden Realitätssinn. Dabei gibt es kein Denken ohne Metaphysik. Unter Bezugnahme auf die Traditionen der Phänomenologie und der französischen Philosophie versteht Robert Hugo Ziegler Endlichkeit als eine positive Auszeichnung, während der Begriff der Zeitlichkeit die erste Dimension von Sein beschreibt. Sein grundlegender Beitrag zur Reflexion über Mensch und Welt zeigt, wie sich die Philosophie selbstbewusst einer Erneuerung der Metaphysik stellen kann.

Recent discussions of civil disobedience show the world of scholarship and public affairs in disarray. Not only is there considerable disagreement over how civil disobedience is to be justified, there is hardly less disagreement over what civil disobedience is. Can it be violent, or must it be nonviolent, in intention and in outcome? Can civil disorder be a special case of mass civil disobedience? Must civil disobedience proceed within the framework of the existing politico-legal system or may it be revolutionary (...) in intention? Could it be anarchistic? Should the authorities endeavor to prosecute and punish the civil disobedient as though he were a common criminal? Is disobedience which results in no punishment of the disobedient not civil disobedience after all? Because of disagreements over the answers to these questions, the description of an act as an act of civil disobedience is likely to be ambiguous and controversial not only for the general public and the government but even in some cases for the protesters themselves. Confusion rooted in honest misunderstanding is compounded by bad faith, by basic disagreements over the ideal and the actual relations between the individual and the state, and by obscurity in the facts surrounding the intentions of the protesters and the consequences of their acts. (shrink)

BackgroundAlthough the Life-Sustaining Treatment (LST) Decision Act was enforced in 2018 in Korea, data on whether it is well established in actual clinical settings are limited. Hospital-acquired pneumonia (HAP) is a common nosocomial infection with high mortality. However, there are limited data on the end-of-life (EOL) decision of patients with HAP. Therefore, we aimed to examine clinical characteristics and outcomes according to the EOL decision for patients with HAP.MethodsThis multicenter study enrolled patients with HAP at 16 referral hospitals retrospectively from (...) January to December 2019. EOL decisions included do-not-resuscitate (DNR), withholding of LST, and withdrawal of LST. Descriptive and Kaplan–Meier curve analyses for survival were performed.ResultsOf 1,131 patients with HAP, 283 deceased patients with EOL decisions (105 cases of DNR, 108 cases of withholding of LST, and 70 cases of withdrawal of LST) were analyzed. The median age was 74 (IQR 63–81) years. The prevalence of solid malignant tumors was high (32.4% vs. 46.3% vs. 54.3%, P = 0.011), and the ICU admission rate was lower (42.9% vs. 35.2% vs. 24.3%, P = 0.042) in the withdrawal group. The prevalence of multidrug-resistant pathogens, impaired consciousness, and cough was significantly lower in the withdrawal group. Kaplan–Meier curve analysis revealed that 30-day and 60-day survival rates were higher in the withdrawal group than in the DNR and withholding groups (log-rank P = 0.021 and 0.018). The survival of the withdrawal group was markedly decreased after 40 days; thus, the withdrawal decision was made around this time. Among patients aged below 80 years, the rates of EOL decisions were not different (P = 0.430); however, mong patients aged over 80 years, the rate of withdrawal was significantly lower than that of DNR and withholding (P = 0.001).ConclusionsAfter the LST Decision Act was enforced in Korea, a DNR order was still common in EOL decisions. Baseline characteristics and outcomes were similar between the DNR and withholding groups; however, differences were observed in the withdrawal group. Withdrawal decisions seemed to be made at the late stage of dying. Therefore, advance care planning for patients with HAP is needed. (shrink)

Quality of service is a major determinant of customer commitment to the organization. Therefore, it is important to understand the importance of service quality for the corporate image as well. In this study, the predicting roles of quality of service and customer experience have been unveiled in customer commitment through the mediating effect of corporate image. The population frame used in this study is the customers of logistic services providers in China. Total data from the 366 customers have been used (...) to analyze the hypotheses formulated. The sample has been selected using convenience sampling and the software used for data analysis is Smart-PLS. The analytical technique used is partial least square structural equation modeling. Results of the study show that service quality and customer experience have a significant role in the customer commitment to the suppliers. In addition, it has also been found that service quality and customer experience have a major contribution to building the corporate image of the services suppliers. Further, corporate image played a significant mediating role in the relationship between service quality and customer commitment. The study has theoretically contributed to the body of literature by finding the importance of service quality for predicting customer commitment to the suppliers. (shrink)

This paper discusses the state-of-the-art dispute over the ontological question of rock music: what is the work of art, or the central work-kind, of rock music, if any? And, is the work of rock music ontologically distinct from the work of classical music, which is the only musical tradition whose ontology is vastly studied? First, I distinguish between two levels of inquiry in musical ontology: the fundamental level and the higher-order level, in which comparative ontology – the project in which (...) someone engages by considering that there is ontological variety among works of distinct musical traditions – falls. After addressing two general questions about rock music, I turn to Theodore Gracyk’s ontological account of rock music, according to which the primary focus of critical attention in rock music are recordings, or recorded tracks. This view has the consequence that ‘recordings’ is a fundamental concept of philosophy of music, necessary for us to understand rock music. Stephen Davies objected that Gracyk’s account fails to assign appropriate value to a valuable practice with which rock audiences are committed, live performance, and argued that the works of rock music are of the ontological kind for studio performance. Finally, Andrew Kania synthetized both views: rock recorded tracks are at the centre of rock as an art form, thus being the rock works. For, different reasons, none of these views is deemed satisfactory. (shrink)

The possibility of artificial intelligence is usually discussed by philosophers as a problem about artificial thought: can an artificial system think? The production of intelligence in an artificial system would, however, give rise to an intelligent artificial being: an artificial thinker. As such, there is another, less explored way of discussing the possibility of artificial intelligence: can there be an artificial thinker? This is the problem of artificial thinkers (Olson 2018). In this essay, I discuss this problem. To do so, (...) first, I present the problem of artificial thinkers and discuss how best to interpret it (section §1). Then, I discuss the three main views on the metaphysical nature of artificial thinkers: the hardware view, according to which artificial thinkers are intelligent artificial systems; the software view, according to which artificial thinkers are types or copies of programs for artificial intelligence; and finally, the CPU perspective, according to which artificial thinkers are intelligent spatial parts of artificial systems (section §2). All of these views have problems regarding their conception of the persistence conditions of artificial thinkers. Even so, I conclude, artificial thinkers are best conceived as functional artificial systems. (shrink)

SUMMARYDebates about Nietzsche's political thought today revolve around his role in contemporary democratic theory: is he a thinker to be mined for stimulating resources in view of refounding democratic legitimacy on a radicalised, postmodern and agonistic footing, or is he the modern arch-critic of democracy budding democrats must hone their arguments against? Moving away from this dichotomy, this article asks first and foremost what democracy meant for Nietzsche in late nineteenth-century Germany, and on that basis what we might learn from (...) him now. To do so, it will pay particular attention to the political, intellectual and cultural contexts within which Nietzsche's thought evolved, namely Bismarck's relationship to the new German Reichstag, the philological discovery of an original Aryan race, and Nietzsche's encounter with Gobineau's racist thought through his frequentation of the Wagner circle. It argues that Nietzsche's most lasting contribution to democratic thinking is not to be found in the different ways he may or may not be used to buttress certain contemporary ideological positions, but rather how his notions of ‘herd morality’, ‘misarchism’ and the genealogical method still provides us with the conceptual tools to better understand the political world we inhabit. (shrink)

We give a version of L´os’ ultraproduct result for forcing in Kripke structures in a first-order language with equality and discuss ultrafilters in a topology naturally associated to a partial order. The presentation also includes background material so as to make the exposition accessible to those whose main interest is Computer Science, Artificial Intelligence and/or Philosophy.