Les juges créent-ils du droit ? Eros Roberto Grau, avocat, ancien professeur à la prestigieuse Faculté de droit de l’Université de São Paulo et ancien membre de la Cour suprême brésilienne de 2004 à 2010, aurait sans aucun doute pu faire un livre inaccessible sur cette question, tant son parcours, ses forts engagements et ses réflexions prolifiques l’y autorisent.Sa biographie est en particulier disponible en brésilien sur le site de la Cour suprême brésilienne et sur son site personnel . Mais (...) le présent ouvrage édité par Carlos Miguel Herrera, « texte de combat » selon son préfacier Antoine Jeammaud, est une invitation à mieux découvrir l’approche critique du droit défendue par l’auteur sous l’angle d’une théorie réaliste de l’interprétation aussi habile qu’originale. Classiquement, selon cette dernière, on ne le sait que trop bien, le droit n’est pas à considérer c .. (shrink)

Desire Joseph Mercier (1851-1926) was founder and first president of the Institute of Philosophy of the Catholic University of Leuven. After his studies in the classics, philosophy, and theology at the seminary of Mechelen, Mercier was ordained (1874), obtained a licentiate in theology at Leuven (1877), and became professor of philosophy at Mechelen the same year. In 1922 he was commissioned to inaugurate the chair of Thomistic philosophy created at the University of Leuven at the request of Pope (...) Leo XIII. Mercier endeavored to realize the program formulated in the encyclical Aeterni Patris (1879): to restore the philosophy of St. Thomas Aquinas, harmonize it with the progress of modern science and thought, and extend its influence to the scientific and social disciplines. On the basis of his initial success, he asked for, and received, the support of the Pope for the creation of an Institute of Philosophy that would provide a complete education in the various philosophical areas. When named president of this institute (1899), Mercier gathered collaborators from among his first students and with their assistance formed an international group of enthusiastic and devoted disciples. The Revue Neo-scolastique made the writings of the institute available throughout the scholarly world. On Feb. 7, 1906, Mercier was named archbishop of Mechelen. He took a lively interest in problems of the universal Church and he was also preoccupied with Church Union. (Cf. A.L. Wylleman, 'Mercier, Desire Joseph' in New Catholic Encyclopedia, Vol IX. New York, St. Louis, San Francisco, Toronto, London, Sydney, McGraw Hill Book Company, 1967, p. 671-672.) See: Cardinal Mercier: A Memoir (David A. Boileau, Peeters, 1996, 417 pages. S 35). Jude P. Dougherty, Dean Emeritus of the School of Philosophy at the Catholic University of America and editor of the Review of Metaphysics, had this to say about Fr. Boileau's book: This book should be required reading for anyone who aspires to leadership in Catholic Intellectual Circles Today, Crisis, January 1998. (shrink)

We discuss from a philosophical perspective the way in which the normal concept of time might be said to `emerge' in a quantum theory of gravity. After an introduction, we briefly discuss the notion of emergence, without regard to time. We then introduce the search for a quantum theory of gravity ; and review some general interpretative issues about space, time and matter. We then discuss the emergence of time in simple quantum geometrodynamics, and in the Euclidean approach. Section 6 (...) concludes. (shrink)

The 18th century was a wealth of knowledge, exploration and rapidly growing technology and expanding record-keeping made possible by advances in the printing press. In its determination to preserve the century of revolution, Gale initiated a revolution of its own: digitization of epic proportions to preserve these invaluable works in the largest archive of its kind. Now for the first time these high-quality digital copies of original 18th century manuscripts are available in print, making them highly accessible to libraries, undergraduate (...) students, and independent scholars. Delve into what it was like to live during the eighteenth century by reading the first-hand accounts of everyday people, including city dwellers and farmers, businessmen and bankers, artisans and merchants, artists and their patrons, politicians and their constituents. Original texts make the American, French, and Industrial revolutions vividly contemporary. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++ British Library T100404 With a half-title. Anonymous. By P. P. F. J. H. Le Mercier de la Rivière. Possibly printed in Paris (or the Low Countries). Londres: chez Jean Nourse; & se trouve à Paris, chez Desaint, 1767. [2], vii, [1],511, [1]p.; 4°. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Since its founding in the nineteenth century, social anthropology has been seen as the study of exotic peoples in faraway places. But today more and more anthropologists are dedicating themselves not just to observing but to understanding and helping solve social problems wherever they occur--in international aid organizations, British TV studios, American hospitals, or racist enclaves in Eastern Europe, for example. In Exotic No More , an initiative of the Royal Anthropological Institute, some of today's most respected anthropologists demonstrate, in (...) clear, unpretentious prose, the tremendous contributions that anthropology can make to contemporary society. They cover issues ranging from fundamentalism to forced migration, child labor to crack dealing, human rights to hunger, ethnicity to environmentalism, intellectual property rights to international capitalisms. But Exotic No More is more than a litany of gloom and doom the essays also explore topics usually associated with leisure or "high" culture, including the media, visual arts, tourism, and music. Each author uses specific examples from their fieldwork to illustrate their discussions, and 62 photographs enliven the text. Throughout the book, the contributors highlight anthropology's commitment to taking people seriously on their own terms, paying close attention to what they are saying and doing, and trying to understand how they see the world and why. Sometimes this bottom-up perspective makes the strange familiar, but it can also make the familiar strange, exposing the cultural basis of seemingly "natural" behaviors and challenging us to rethink some of our most cherished ideas--about gender, "free" markets, "race," and "refugees," among many others. Contributors: William O. Beeman Philippe Bourgois John Chernoff E. Valentine Daniel Alex de Waal Judith Ennew James Fairhead Sarah Franklin Michael Gilsenan Faye Ginsburg Alma Gottlieb Christopher Hann Faye V. Harrison Richard Jenkins Melissa Leach Margaret Lock Jeremy MacClancy Jonathan Mazower Ellen Messer A. David Napier Nancy Scheper-Hughes Jane Schneider Parker Shipton Christopher B. Steiner. (shrink)

Negative Ecstasies discusses the contribution and significance of the work of Georges Bataille to the contemporary study of religion and theology, collecting essays that examine specific case studies and make connections to other significant scholars in the field.

This essay zooms in on a series of parentheses in Derrida’s Politics of Friendship in order to examine a somewhat failed encounter between deconstruction and Donna Haraway’s ontological discourse on kinship and companion species. The essay claims that Derrida’s notion of trace, as it exceeds the humanist-anthropocentric logic and challenges any simple division between humankind and animality, can be followed as a condition for thinking friendship, kinship, or companionship as non-strictly anthropological categories, and for accounting for a principle of failure (...) or fallibility at the very heart of the ‘encounter’ with the other – human or nonhuman. What Derrida calls ‘the possibility of failure’ is inseparable from a certain legibility and illegibility of friendship, kinship, and companionship, from their dependence on the trace-structure, suggesting that they do not have strict ontological consistency (pace Haraway) but are structurally differantial and heterogeneous, and therefore remain to be read, interpreted, attested, translated, perhaps in view of transformative deconstruction. Reading and, with it, fallibility and undecidability, contribute to problematising Haraway’s ontology of companionship, making-kin, and becoming-together. Moreover, from the perspective of the exegesis of deconstruction, the essay also claims that the problematic of the trace-structure – virtually limitless in Derrida’s corpus – presupposes, everywhere it appears, the interrogation of the anthropological machine, of human exceptionalism, and raises the ‘question of animality’ even when this ‘question’ is not formulated as such, and when the so-called ‘animal’ is not named as such. (shrink)

The contractarian theory elaborated by John Rawls in A Theory of Justice exploits the difference principle in a great many ways. Rawls argues that, when used as part of a set of guiding principles for structuring the basic institutions of society, it simplifies the problem of interpersonal comparisons (91-4)1, helps compensate for the arbitrariness of natural endowments (101-3), promotes a harmony of interests between citizens (104-5), reintroduces the principle of fraternity to democratic society (105-6), and, what is critical to his (...) contractarian theory, it is an essential part of the principles of justice which would be chosen by free, equal, and rational persons in the original position. (shrink)

Most of us believe that partiality applies in a broad range of relationships. One relationship on which there is much disagreement is co-nationality. Some writers argue that co-national partiality is not justified in certain cases, like killing in war, since killing in defense of co-nationals is intuitively impermissible in other contexts. I argue that this approach overlooks an important structural feature of partiality—namely, that its scope is sometimes restricted. In this essay, I show how some relationships that generate reasons of (...) partiality are restricted in scope—that is, they generate reasons within particular contexts or with respect to particular goods. I then argue that co-national partiality is scope restricted. I then show how this fact helps proponents of co-national partiality overcome the aforementioned objection to its application in cases like war. (shrink)

As idealized descriptions of mathematical language, there is a sense in which formal systems specify too little, and there is a sense in which they specify too much. On the one hand, formal languages fail to account for a number of features of informal mathematical language that are essential to the communicative and inferential goals of the subject. On the other hand, many of these features are independent of the choice of a formal foundation, so grounding their analysis on a (...) particular choice of a formal system introduces unnecessary specificity. This chapter begins to map out the design features of mathematical language without descending to the level of formal implementation, drawing on examples from the mathematical literature and insights from the design of computational proof assistants and their libraries. (shrink)

Quand tu es seul, debout au milieu de la haute plaine d'Asie,sous la coupole insondable où parfois un piloteou un ange sème dans l'azur une coulée d'amidon;quand tu tressailles sentant ta petitesse,apprends-le: l'espace auquel semble-t-il il ne fautrien, a grandement besoin en réalitéd'un regard extérieur, de distance, de vide.Tu es seid à pouvoir lui rendre ce service.Joseph BrodskyIn the course of this century, a number of authors have asserted that geographic knowledge is useful for the development of programs to parcel (...) out land. Hoping to foster this link between insight and action, applied geography saw the light of day. In order to be genuinely effective, the practice of this kind of planning, so it was thought, needed to rely on the expertise of the geographer who studied forms of human settlement. More fundamentally, the utilitarian claim of applied geography rested on the conviction according to which the spatial organization of human societies brought into play the question of justice and commonweal. As Jean Gottmann wrote, our epoch is particularly sensitive to the fact that everyone, whoever or from wherever they may be, consider themselves “to be entitled to live just as well as all others.” In this way a “popular will” was affirmed “that the necessary measures be taken to envisage, prepare, and provide for an improvement of life's comforts …, for a better life.” Inspired by the “modern idea of planning,” applied geography set itself the goal of “establishing justice […] by a more even distribution of people, of their means of subsistence, [and] of their living standard.”. (shrink)

Introduces history's greatest philosophers and explains their major contributions to the field of philosophy, profiling such figures as Francis Bacon, David Hume, John Stuart Mill, and Bertrand Russell.

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

Of all the demands that mathematics imposes on its practitioners, one of the most fundamental is that proofs ought to be correct. It has been common since the turn of the twentieth century to take correctness to be underwritten by the existence of formal derivations in a suitable axiomatic foundation, but then it is hard to see how this normative standard can be met, given the differences between informal proofs and formal derivations, and given the inherent fragility and complexity of (...) the latter. This essay describes some of the ways that mathematical practice makes it possible to reliably and robustly meet the formal standard, preserving the standard normative account while doing justice to epistemically important features of informal mathematical justification. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

As they make their way through Louis Althusser’s and Jacques Derrida’s texts, readers will cross innumerable curtains – ‘the words and things’, as Derrida says, as many fabrics of traces. These curtains open onto a multiplicity of scenes and mises en scène, performances, roles, rituals, actors, plays – thus unfolding the space of a certain theatricality. This essay traces Althusser’s and Derrida’s respective deployments of the theatrical motif. In his theoretical writings, Althusser’s theatrical dispositive aims to designate the practical and (...) material dimension of the scenes of ideology, materially enacted through roleplays, performances, acts, or discourses. At the horizon: a scientific discourse on ideology or, later, a strategic intervention in the class struggle. This scientific and/or strategic orientation echoes Althusser’s definition of materialism: ‘no more storytelling’. But Derrida’s ‘closure of representation’ reminds us that there’s no presence – even the most ‘material’ – no ‘truth’ or ‘correctness’ – in theoretical or strategic terms – without effects of re-presentation, differential repetition, narrative reconstruction: theatricality and materiality suppose a force of resistance, a secret heterogeneity, curtain foldings. Hence the irreducible necessity of reading, storytelling, transformative interpretation. What are the implications for thinking inheritance and debt – for example, the one binding Althusser and Derrida, and us to them? (shrink)

This essay examines Étienne Balibar's readings of Jacques Derrida and deconstruction. The text is framed as a review of two books by Balibar: 'Equaliberty' and 'Violence and Civility'. After describing the context of those readings, I propose a broader reflection on the ambiguous relationship between 'post-Marxism' and 'deconstruction', focusing on concepts such as 'violence', 'cruelty', 'sovereignty' and 'property'. I also raise methodological questions related to the 'use' of deconstructive notions in political theory debates.

"Arguing that debates over legitimacy, political violence, freedom, and justice would benefit greatly from cross-tradition theorizing, this book shows how putting analytic and continental political theory in conversation would help us to overcome these intractable problems"--.

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three (...) of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

This volume makes available one of the central texts in the development of utilitarian tradition, in the authoritative 1977 edition prepared by Professors Burns and Hart as part of Bentham's Collected Works. Certain that history was on his side, Bentham sought to rid the world of the hideous mess wrought by legal obfuscation and confusion, and to transform politics into a rational, scientific activity, premised on the fundamental axiom that "it is the greatest happiness of the greatest number that is (...) the measure of right and wrong.". (shrink)

Foucault and Religion seeks to unearth a new dimension of Foucault scholarship. Renowned Foucault scholar Jeremy Carrette reveals not simply how Foucault's work can be applied to religion but how a religious question at the heart of Foucault's own work offers a radical challenge to religious ideas. Carrette argues that Foucault offers a twofold critique of Christianity by bringing the body and sexuality into religious practice and exploring a political spirituality of the self. This first major commentary on Foucault and (...) religion opens up the diverse religious questions the philosopher raises in his work, and sheds new light on how Foucault challenges religious thinking and transforms religious understanding. (shrink)

Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)

In a wide range of fields, the word “modular” is used to describe complex systems that can be decomposed into smaller systems with limited interactions between them. This essay argues that mathematical knowledge can fruitfully be understood as having a modular structure and explores the ways in which modularity in mathematics is epistemically advantageous.

This paper provides a method for characterizing space events using the framework of conceptual spaces. We focus specifically on estimating and ranking the likelihood of collisions between space objects. The objective is to design an approach for anticipatory decision support for space operators who can take preventive actions on the basis of assessments of relative risk. To make this possible our approach draws on the fusion of both hard and soft data within a single decision support framework. Contextual data is (...) also taken into account, for example data about space weather effects, by drawing on the Space Domain Ontologies, a large system of ontologies designed to support all aspects of space situational awareness. The framework is coupled with a mathematical programming scheme that frames a mathematically optimal approach for decision support, providing a quantitative basis for ranking potential for collision across multiple satellite pairs. The goal is to provide the broadest possible information foundation for critical assessments of collision likelihood. (shrink)

In this paper, I discuss two concerns for pluralist truth theories: a concern about a key detail of these theories and a concern about their viability. The detail-related concern is that pluralists have relied heavily upon the notion of a domain, but it is not transparent what they take domains to be. Since the notion of a domain has been present in philosophy for some time, it is important for many theorists, not only truth pluralists, to be clear on what (...) domains are and what work they can do. The viability-related concern is that it’s not clear how a pluralist truth theory could explain the truth-conditions of mixed atomic propositions. To address this concern, truth pluralists should recognize something to which they have not been sufficiently attentive: that some atomic propositions belong to more than one domain. But, recognizing this requires rethinking the relationships between the nature of propositions, their membership in domains, and their truth. I address these issues and propose an understanding of them that is preferable to the best existing account of them, that offered by Michael Lynch. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

We agree with Cushman that rationalizations are the product of biological adaptations, but we disagree about their function. The data available do not show that rationalizations allow us to reason better and make better decisions. The data suggest instead that rationalizations serve reputation management goals, and that they affect our behaviors because we are held accountable by our peers.

The Anthropocene is a radical reconceptualisation of the relationship between humanity and nature. It posits that we have entered a new geological epoch in which the human species is now the dominant Earth-shaping force, and it is rapidly gaining traction in both the natural and social sciences. This article critically explores the scientific representation of the concept and argues that the Anthropocene is less a scientific concept than the ideational underpinning for a particular worldview. It is paradigm dressed as epoch. (...) In particular, it normalises a certain portion of humanity as the ‘human’ of the Anthropocene, reinserting ‘man’ into nature only to re-elevate ‘him’ above it. This move promotes instrumental reason. It implies that humanity and its planet are in an exceptional state, explicitly invoking the idea of planetary management and legitimising major interventions into the workings of the earth, such as geoengineering. I conclude that the scientific origins of the term have diminished its radical potential, and ask whether the concept’s radical core can be retrieved. (shrink)

Functionalism about truth, or alethic functionalism, is one of our most promising approaches to the study of truth. In this chapter, I chart a course for functionalist inquiry that centrally involves the empirical study of ordinary thought about truth. In doing so, I review some existing empirical data on the ways in which we think about truth and offer suggestions for future work on this issue. I also argue that some of our data lend support to two kinds of pluralism (...) regarding ordinary thought about truth. These pluralist views, as I show, can be straightforwardly integrated into the broader functionalist framework. The main result of this integration is that some unexplored metaphysical views about truth become visible. To close the chapter, I briefly respond to one of the most serious objections to functionalism, due to Cory Wright. (shrink)

Physicians place significant weight on the distinction between acts and omissions. Most believe that autonomous refusals for procedures, such as blood transfusions and resuscitation, ought to be respected, but they feel no similar obligation to accede to requests for treatment that will, in the physician’s opinion, harm the patient (e.g., assisted death). Thus, there is an asymmetry. In this paper, we challenge the strength of this distinction by arguing that the ordering of values should be the same in both cases. (...) The reason for respecting refusals is that, in such cases, autonomy outweighs well-being. We argue that the same should be true in request cases, which means that requests should not be denied only due to the treatment being too harmful in the physician’s opinion. Our strategy is to consider and reject a number of arguments for the asymmetrical view, including an appeal to the doing–allowing distinction and positive and negative rights. The duty to respect refusals is still greater than the duty to grant requests on our view, but, by arguing that the ordering of values is the same in both cases, we show that there is less of a distinction in healthcare between requests and refusals than many currently believe. (shrink)

On a traditional view, the primary role of a mathematical proof is to warrant the truth of the resulting theorem. This view fails to explain why it is very often the case that a new proof of a theorem is deemed important. Three case studies from elementary arithmetic show, informally, that there are many criteria by which ordinary proofs are valued. I argue that at least some of these criteria depend on the methods of inference the proofs employ, and that (...) standard models of formal deduction are not well-equipped to support such evaluations. I discuss a model of proof that is used in the automated deduction community, and show that this model does better in that respect. (shrink)

Despite a significant amount of literature debating the efficiency of high-risk pools in health insurance, dramatically less has been written about their normative implications. The present article takes the route less traveled by setting aside the question of efficiency to argue that the use of high-risk pools creates some serious normative concerns. The article explores these concerns by dividing them on two fronts. First, as regards the social-recognitional status of those who are forced into the high-risk pool. Second, as regards (...) a general concern of distributive justice, namely fairness in access to resources. The author argues that regardless of the veracity of arguments which laud the efficiency of high-risk pools, their use in health insurance is unjust because of the herein explained implications for social recognition and distributive justice. (shrink)

In 1859, Charles Darwin proposed a mechanism for biological evolution in his most famous work, On the Origin of Species. However, Origin makes little mention of humans. Despite this, Darwin thought deeply about humans and in 1871 published The Descent of Man, his influential and controversial book in which he applied evolutionary theory to humans and detailed his theory of sexual selection. February 2021 will mark the 150th anniversay of it's publication. In A Most Interesting Problem, twelve leading anthropologists, biologists, (...) and journalists revisit The Descent. Following the same organization as the first edition of Descent - less the large section on sexual selection -- each author reviews what Darwin wrote in Descent, comparing his words to what we now know now. There are chapters on evidence for human evolution, our place in the family tree, the origins of civilization, human races, intelligence, and sex differences. An introduction by Darwin biolographer and historian Janet Browne provides context for Descent and a conclusion by Science magazine journalist Ann Gibbons looks to the future of the study of human evolution. All the chapters are written with a broad audience in mind. Ultimately, readers learn that Darwin was remarkably prophetic in some of his predictions, such as that the earliest human fossils would be discovered in Africa. But he was wrong in other areas, particularly in regards to variations between the sexes and races. Thus, A Most Interesting Problem is not so much a celebration of Darwin as it is a tribute to how science works, how scientific ideas are tested, and the role of evidence in helping structure narratives of human origins. The reader is left with a view of how far we have come in our quest for understanding human origins, biological variation, behavior, and evolution. (shrink)

In recent years ever-increasing concerns about ethical dimensions of fieldwork practice have forced anthropologists and other social scientists to radically reconsider the nature, process, and outcomes of fieldwork: what should we be doing, how, for whom, and to what end? In this volume, practitioners from across anthropological disciplines-social and biological anthropology and primatology-come together to question and compare the ethical regulation of fieldwork, what is common to their practices, and what is distinctive to each discipline. Contributors probe a rich variety (...) of contemporary questions: the new, unique problems raised by conducting fieldwork online and via email; the potential dangers of primatological fieldwork for locals, primates, the environment, and the fieldworkers themselves; the problems of studying the military; and the role of ethical clearance for anthropologists involved in international health programs. The distinctive aim of this book is to develop of a transdisciplinary anthropology at the methodological, not theoretical, level. (shrink)