The church in legal history: The idea of universality. The idea of authority. The idea of good faith. The idea of law. By R. Pound.--The function of law in society today: The future of the common law, by D. J. Lyne. Law and civil liberty, by G. Clark. Natural law and positive law, by H. D. Castro. Law and ethics, by J. J. Burns.

The eight books of The Letters of George Santayana bring together over 3,000 letters, many of which have been discovered in the fifty years since Santayana's death. This sixth book covers four years of Santayana's life in Rome, his permanent residence since the late 1920s. During these years, Santayana, in his seventies, saw the publication of the remaining nine volumes of the Triton Edition of his work as well as the last two books of his Realms of Being: The Realm (...) of Truth and The Realm of Spirit. In 1938 the first book-length biography of Santayana was published, and in 1940 The Philosophy of George Santayana--a collection of critical essays that included Santayana's rejoinder, "Apologia pro Mente Sua"--was published as volume two of Northwestern University Press?s Library of Living Philosophers. In 1939, when war broke out in Europe and Swiss authorities denied him a long-term visa, Santayana decided to stay in Italy, where he was to remain for the rest of his life.The letters in this book are written to such correspondents as Van Meter Ames, Curt John Ducasse, Max Forrester Eastman, Max Fisch, Sidney Hook, Horace Meyer Kallen, Christopher Janus, Milton Munitz, William Lyon Phelps, and Ezra Pound, and include discussions of the work of Henri Bergson, T. S. Eliot, William Faulkner, and Ezra Pound, among others. (shrink)

Austin takes on the problem of other minds, of how to respond to the question ‘how do you know?’, if this question is raised with regard to the thoughts, feelings, sensations, minds of other creatures. This problem has traditionally been understood as the problem of justifying our belief in the existence of other minds. Austin argues that believing in other persons, in authority and testimony, is an essential part of the act of communicating, and as such is an irreducible part (...) of our experience. While we can state certain advantages of communicative performances, there is no justification for our doing them as such. (shrink)

Austin attacks the view that language is referential, based on the simplistic division of utterances into the ‘descriptive’ and ‘evaluative’, using his notion of performative utterances. Such utterances, in the appropriate circumstances, are neither descriptive nor evaluative, but count as actions, i.e., create the situation rather than describing or reporting on it. In saying ‘I promise to go’ one is making a promise, not stating that one is making it. A performative promise is not, and does not involve, the statement (...) that one is promising. It is an act of a distinctive sort, the very sort named by the performative verb. And, according to Austin, making explicit what one is doing is not describing what one is doing or stating that one is doing it. (shrink)

Austin discusses the existence, origin, and resemblance of concepts, primarily by discussing the meaning of ‘concept’ and ‘universal’. He argues that, although sometimes it may not be harmful to talk about concepts, we neither understand the meaning of ‘concept’, nor the meaning of ‘acquiring and possessing concepts’, nor a view of concept resemblance as non-sensuous acquaintance or awareness, challenging philosophers who couch their theories in such terms to illuminating them first.

‘Agathon and Eudaimonia in the Ethics of Aristotle’ is a response to an article on the meaning of Agathon in the Ethics of Aristotle, published by H. A. Pritchard in 1935. In this paper, Pritchard argued that Aristotle regarded Agathon to mean ‘conducive to our happiness’ and, consequently, that he maintained that every deliberate action stems, ultimately, from the desire to become happy. Austin finds fault with this view: first, Agathon in Aristotle does not have a single meaning, and a (...) fortiori not the one Pritchard suggested; secondly, if one had to summarise the meaning of ‘being agathon’ in one phrase, then ‘being desired’ cannot fulfil this function, for there are other objects of desire besides τό άγαθόν. (shrink)

Addresses Bedford’s attack on appeals to introspection in the identification of emotions, which lead him to raise the question of how to draw the line between genuine and pretended anger. Austin demonstrates, through a close examination of the speech acts of ‘pretending’ and ‘really being’, that none of the supposed conditional relations between these two notions actually holds. The essay further introduces Austin’s distinction between ‘pretending to do’ and ‘pretending to be’ and emphasises the complex and diverse forms speech acts (...) involving ‘pretending’ can take. (shrink)

Picks up on a previous discussion of responsibility, freedom, and excuses, in which Austin argues that, in order to discover whether someone acted freely, we must discover whether certain excuses relevant to the situation at hand are acceptable. The notion of freedom, according to this view, is intractably linked to the notion of responsibility. Chapter 12 refines the previous discussion, by illuminating the differences between the notions of purpose, intention, and deliberation in a variety of speech acts.

Background: Issues concerning legislation and regulation with respect to the role of nurses in euthanasia and physician-assisted suicide gave the Minister for Health reason to commission a study of the role of nurses in medical end-of-life decisions in hospitals, home care and nursing homes.Aim: This paper reports the findings of a study of the role of nurses in euthanasia and physician-assisted suicide, conducted as part of a study of the role of nurses in medical end-of-life decisions. The findings for hospitals, (...) home care and nursing homes are described and compared.Method: A questionnaire was sent to 1509 nurses, employed in 73 hospitals, 55 home care organisations and 63 nursing homes. 1179 responses were suitable for analysis. The questionnaire was pilot-tested among 106 nurses, with a response rate of 85%.Results: In 37.0% of cases, the nurse was the first person with whom patients discussed their request for euthanasia or physician-assisted suicide. Consultation between physicians and nurses during the decision-making process took place quite often in hospitals and nursing homes and less frequently in home care situations . In some cases , nurses administered the euthanatics.Conclusions: The results show substantial differences between the intramural sector and the extramural sector , which are probably linked to the organisational structure of the institutions. Consultation between physicians and nurses during the decision-making process needs improvement, particularly in home care. Some nurses had administered euthanatics, although this task is by law exclusively reserved to physicians. (shrink)

Ageing causes progressive decline in metabolic, behavioural, and physiological functions, leading to a reduced health span. The extracellular matrix (ECM) is the three‐dimensional network of macromolecules that provides our tissues with structure and biomechanical resilience. Imbalance between damage and repair/regeneration causes the ECM to undergo structural deterioration with age, contributing to age‐associated pathology. The ECM ‘Ageing Across the Life Course’ interdisciplinary research network (ECMage) was established to bring together researchers in the United Kingdom, and internationally, working on the emerging field (...) of ECM ageing. Here we report on a consultation at a joint meeting of ECMage and the Medical Research Council / Versus Arthritis Centre for Integrated Research into Musculoskeletal Ageing, held in January 2023, in which delegates analysed the key questions and research opportunities in the field of ECM ageing. We examine fundamental biological questions, enabling technologies, systems of study and emerging in vitro and in silico models, alongside consideration of the broader challenges facing the field. (shrink)

The first English translation of Fichte’s second set of 1804 lectures on the Wissenschaftslehre.

The texts collected in this volume, which was originally published in 1969, contain Herder's most original and stimulating ideas on politics, history and language. They had for the most part not been previously available in English. In his introduction, Professor Barnard analyses the basic premises of Herder's political thought against the background of the Enlightenment. He examines Herder's concepts of language, community and culture, his theory of historical interaction, and his approach to the problem of change and progress. Finally, he (...) provides a brief comparative analysis of traditionalist thought following the French Revolution, showing how substantive writers like Burke differed from Herder despite the close similarity of political vocabulary. (shrink)

This essay is written on the following premises and argues for them. “Enlightenment” is a word or signifier, and not a single or unifiable phenomenon which it consistently signifies. There is no single or unifiable phenomenon describable as “the Enlightenment,” but it is the definite article rather than the noun which is to be avoided. In studying the intellectual history of the late seventeenth century and the eighteenth, we encounter a variety of statements made, and assumptions proposed, to which the (...) term “Enlightenment” may usefully be applied, but the meanings of the term shift as we apply it. The things are connected, but not continuous; they cannot be reduced to a single narrative; and we find ourselves using the word “Enlightenment” in a family of ways and talking about a family of phenomena, resembling and related to one another in a variety of ways that permit of various generalizations about them. We are not, however, committed to a single root meaning of the word “Enlightenment,” and we do not need to reduce the phenomena of which we treat to a single process or entity to be termed “the” Enlightenment. It is a reification that we wish to avoid, but the structure of our language is such that this is difficult, and we will find ourselves talking of “the French” or “the Scottish,” “the Newtonian” or the “the Arminian” Enlightenments, and hoping that by employing qualifying adjectives we may constantly remind ourselves that the keyword “Enlightenment” is ours to use and should not master us. (shrink)

Despite the salient experience of encoding threatening events, these memories are prone to distortions and often non-veridical from encoding to recall. Further, threat has been shown to preferentially disrupt the binding of event details and enhance goal-relevant information. While extensive work has characterised distinctive features of emotional memory, research has not fully explored the influence threat has on temporal memory, a process putatively supported by the binding of event details into a temporal context. Two primary competing hypotheses have been proposed; (...) that threat can impair or enhance temporal memory. We analysed two datasets to assess temporal memory for an in-person haunted house experience. In study 1, we examined the temporal structure of memory by characterising memory contiguity in free recall as a function of individual levels of heart rate as a proxy of threat. In study 2, we replicated marginal findings of threat-related increases in memory contiguity found in study 1. We extended these findings by showing threat-related increases in recency discriminations, an explicit test of temporal memory. Together, these findings demonstrate that threat enhances temporal memory regarding free recall structure and during explicit memory judgments. (shrink)

The reception history of the French Revolution in France and England is well documented among Anglophone scholars; however, the debate over the Revolution in Germany is much less well known. Fichte's Contribution played an important role in this debate. Presented here for the first time in English, Fichte's work provides a distinctive synthesis of Locke's "possessive individualism," Rousseau's general will, and Kant's moral philosophy. This eclectic blend results in an unusual rights theory that at times veers close to a form (...) of anarchism. Written in 1792–93, just before Fichte moved to Jena to develop his philosophical system in a series of works—above all the Wissenschaftslehre of 1794—the Contribution provides invaluable insight into Fichte's early development. In addition, Fichte's work predates much of Kant's political philosophy, and can shed light on the rich dialogue in German political thought in the 1790s. (shrink)

Instruction in peer assessment of complex task performance may cause high cognitive load, impairing learning. A stepwise instructional strategy aimed at reducing cognitive load was investigated by comparing it with a combined instructional strategy in an experiment with 128 secondary school students (mean age 14.0?years; 45.2% male) with the between-subjects factor instruction (stepwise, combined). In the stepwise condition, study tasks in Phase 1 were domain-specific and study tasks in Phase 2 had both domain-specific and peer assessment components. In the combined (...) condition, these two components were present in all tasks in both phases. Final performance (i.e. speed and accuracy in domain-specific skills and peer assessment skills) showed no significant differences, but performance improved more from Phase 1 to Phase 2 in the stepwise condition than in the combined condition. The results suggest that, with complex study tasks, it might be beneficial to teach domain-specific skills before peer assessment skills. (shrink)

Pocock, J. G. A. (John Greville Agard) 1924- "Quentin Skinner: The History of Politics and the Politics of History" Common Knowledge - Volume 10, Issue 3, Fall 2004, pp. 532-550.

In recent work, Adlam (2022b), Chen & Goldstein (2022), and Meacham (2023) have defended accounts of laws that take laws to be primitive global constraints. A major advantage of these accounts is that they’re able to accommodate the many different kinds of laws that appear in physical theories. In this paper I’ll present these three accounts, highlight their distinguishing features, and note some key differences that might lead one to favor one of these accounts over the others. I’ll conclude by (...) briefly discussing a version of a “constraint” account that I think is especially attractive. (shrink)

In the history of political thought, the relationship between property and power has been a central preoccupation. The very nature of private property, on many accounts, is to put owners in a position of self-serving power to make decisions about matters of concern to others. In many legal systems, the vast power of owners is pervasive, as an ever greater range of resources is brought within the property regime and subjected to private power backed by the coercive power of the (...) state. Political and legal philosophers have long puzzled over how to reconcile the nature of private property with the limits and social responsibilities upon which, at least for some accounts, property’s legitimacy depends. The perennial question, then, is how best to understand the nature of property such that property’s limits can also be accounted for coherently within our legal and constitutional arrangements. Robé’s book Property, Power and Politics provides us with a wide-ranging analysis of property. There is much that we agree with and applaud here. In this contribution we seek to situate a key aspect of his work within this larger context, and to offer a criticism of one element of his view: his rejection of an understanding of ownership as an office. In Robé’s analysis, offices belong in the public sphere, where officeholders are held to account by their constituencies. We argue that Robé’s rejection of the idea of ownership-as-office rests on a misunderstanding of the legal concept of “office.” Moreover, this idea, properly understood, provides sound conceptual support for the normative aims of Robé’s account: to bind property and social responsibility tightly together. Robé’s project to criticize the virtually unlimited power of private owners in the contemporary world is served, not undermined, by understanding property as an office. First, we provide a brief summary of the key elements of Robé’s view of property (Part II). We then introduce a theoretical perspective on property as office as it has been developed in legal theory (Part III). Finally, we argue that this perspective fits better with Robé’s stated purposes than his own rejection of it suggests and raises some questions for future discussion (Part IV). (shrink)

Most Gentzen systems arising in logic contain few axiom schemata and many rule schemata. Hilbert systems, on the other hand, usually contain few proper inference rules and possibly many axioms. Because of this, the two notions tend to serve different purposes. It is common for a logic to be specified in the first instance by means of a Gentzen calculus, whereupon a Hilbert-style presentation ‘for’ the logic may be sought—or vice versa. Where this has occurred, the word ‘for’ has taken (...) on several different meanings, partly because the Gentzen separator ⇒ can be interpreted intuitively in a number of ways. Here ⇒ will be denoted less evocatively by ⊲.In this paper we aim to discuss some of the useful ways in which Gentzen and Hilbert systems may correspond to each other. Actually, we shall be concerned with thededucibility relationsof the formal systems, as it is these that are susceptible to transformation in useful ways. To avoid potential confusion, we shall speak of Hilbert and Gentzenrelations. By aHilbert relationwe mean any substitution-invariant consequence relation onformulas—this comes to the same thing as the deducibility relation of a set of Hilbert-style axioms and rules. By aGentzen relationwe mean the fully fledged generalization of this notion in whichsequentstake the place of single formulas. In the literature, Hilbert relations are often referred to assentential logics. Gentzen relations as defined here are their exactsequentialcounterparts. (shrink)

Critical scholarly edition of J. G. Fichte's Closed Commercial State.

Our present crises are growing more urgent, pervading many domains of public life—economic, political, environmental, and social. This motivates scholars to find more adequate, combinatory perspectives from which to explain them. One such effort, under the broad heading of Law and Political Economy (LPE), challenges an established view of legality that insulates the market and its dominant actors from critique and accountability. The established view is based on two misconceptions. First, it sees the real function of a capitalist legal device, (...) whether in contracts, antitrust, property, or corporate law, in terms of efficient wealth creation; this function is its underlying rationale and normative aim. Second, it tends to remove equality, coercion, and legitimacy—the core problems of power—from the scope of economic appraisal. When laws and policies are fashioned out of these ideas, democratic institutions will be unable to counter the dominance of capital. New analytical approaches are therefore necessary (Purdy et al. 2020). Along with researchers in associated fields, LPE scholars are attempting to better understand the legal constructions in which financial and political power are anchored and to develop new ways of integrating the economy into democratic life. Robé is a leading voice in these debates. His new book, Property, Power, and Politics, encloses in one volume his ideas on the role of incorporated firms—and of markets, property, and finance—in the larger dynamics of global politics. In this symposium, interlocutors with backgrounds in law, political science, and philosophy engage with this rich analysis. This introduction provides an overview of the book’s arguments (sections 2 and 3) and then introduces the contributions (section 4). (shrink)

Philosophical discussions about health and disease often refer to a 'medical model' of bodily disease, in which diseases are regarded as causes of illness; diagnosis consists in identifying the disease affecting the patient, and this determines the appropriate treatment. This view is plausible only for diseases whose cause is known, though even in such instances the disease is the effect on the affected person, and must not be confused with its own cause. But in fact the medical diagnostic process which (...) progresses from recognition of patterns of symptoms and signs, through search for abnormalities of structure and/or function, towards knowledge of causation often stops short of this desirable end-point; and at whatever point it comes to a halt, its result is expressed in terms of 'diseases'. Thus in medical discourse the names of diseases are a convenient device by which the current conclusion of the diagnostic process can be stated briefly; and they have widely varying factual implications. This nominalist analysis of the medical usages of the names of diseases has consequences for definitions of health and disease, and for some problems in medical ethics. (shrink)

Logics that do not have a deduction-detachment theorem (briefly, a DDT) may still possess a contextual DDT —a syntactic notion introduced here for arbitrary deductive systems, along with a local variant. Substructural logics without sentential constants are natural witnesses to these phenomena. In the presence of a contextual DDT, we can still upgrade many weak completeness results to strong ones, e.g., the finite model property implies the strong finite model property. It turns out that a finitary system has a contextual (...) DDT iff it is protoalgebraic and gives rise to a dually Brouwerian semilattice of compact deductive filters in every finitely generated algebra of the corresponding type. Any such system is filter distributive, although it may lack the filter extension property. More generally, filter distributivity and modularity are characterized for all finitary systems with a local contextual DDT, and several examples are discussed. For algebraizable logics, the well-known correspondence between the DDT and the equational definability of principal congruences is adapted to the contextual case. (shrink)