This commentary cites several findings of neuromuscular research that are consistent with aspects of Plamondon's kinematic theory. In addition, we point out certain biomechanical properties of the limb that influence the requirements for the production of accurate movement, and might thus compromise the global applicability of any law governing speed/accuracy trade-offs.

The authors delineate the nature and neglect of integrity capacity and global business citizenship by world business leaders. They discuss how the philosophical analysis of moral and economic complexity enhances judgment integrity capacity and global business citizenship. Finally, the authors recommend positive action steps to improve global business citizenship and leadership integrity capacity through a balanced and inclusive pluralistic economic philosophy.

A key philosophical feature of Peter Jackson’s film interpretation of J.R.R. Tolkien’s The Lord of the Rings is its use of fantasy to inspire a “recovery” of the actual or, in other words, a reawakening to the beauty of nature and the many possible ways of living in healthier ecological relation to the world. Though none of these ways is perfectly achieved, this pluralistic view is demonstrated in the various lifeways of Hobbits, Elves, Men, and Ents. All of the positive (...) relationships embodied in the films—to trees, mountains, horses, and vegetable gardens—involve loving care and attention, receiving nourishment and livelihood without instrumentalization, or reducing nature to mere resource. The films also vividly display a variety of ugly and destructive ways of using the land to accrue power and wealth. These noxious ways, specifically because they actively destroy the lands that they use, always need more. They will thus eventually annihilate the beautiful ways of being if they are not actively resisted. Some of those who would rather be tending their own trees, gardens, or horses or even wandering in the wild forests must therefore turn their attention to struggle and resistance instead. This is a struggle full of grief, and at times even verging on despair, but it is marked by the refusal to give up hope. Indeed, what Jackson and Tolkien have to say about hope is as important in responding to the ecological crisis as anything they have to say about nature, inasmuch as they help to remind us that even in our own times, “there is still hope.”. (shrink)

Many physics parameters need to be precisely set in order for life to exist in our universe. Or so says the fine-tuning argument. That the actual values are just right for life, the argument concludes, is a fact in need of deep physical or metaphysical explanation. Perhaps, the story goes, the parameter values settings are a matter of divine design. Or perhaps they result from a selection effect given our place in the “multiverse”. However, a very different approach to the (...) problem is possible. One may argue that the fine-tuning is an artefact of theorizing: it is explicable as the precise balancing act necessary for compact, systematic representation in science. Given such an explanation and drawing on earlier work from a number of sources, this essay shows how fine-tuning is best understood as evidence for a non-governing conception of laws rather than for design or multiverse. (shrink)

The chapter explores the sufferingSufferingassociated with MAIDMedical Assistance in Dying (MAID) giving special attention to assessmentAssessment and the psychological responses elicited in caregivers highlighting the need for all MAIDMedical Assistance in Dying (MAID) enquiries to activate a period of intense assessmentAssessment and the provision of detailed treatment alternatives. This chapter calls for a renewed commitment to compassionCompassion (‘sufferingSuffering together with’) as the communal dynamic to relieve and assuage such sufferingSuffering. Using the four domains of ‘total pain’ (Saunders in The management (...) of terminal malignant disease. Edward Arnold, London, UK, 1978), we summarize the evidence for the multiple opportunities available to ‘relieve often and comfort always.’ Finally, we review evidence on the impactImpactof MAIDMedical Assistance in Dying (MAID) suggesting that the overall burden of sufferingSuffering in Canada has increased since legalization. (shrink)

Machine generated contents note: Chapter One: Wrong Question, Right Answer -- Exercise 1: Getting right into it -- Exercise 2: Watching your hand -- Exercise 3: Marking practice -- Chapter Two: Realistic Drawing -- Exercise 4: Picking an object to draw -- Exercise 5: Attentive looking -- Exercise 6: Noticing awareness -- Exercise 7: Marking from the sense of sight -- Exercise 8: Simple rendering -- Exercise 9: Try perspective -- Exercise 10: Working inward -- Chapter Three: Systematic Drawing -- (...) Exercise 11: The circular arrow - a visual mantra -- Exercise 12: Improvising between two points and finding the world in between -- Exercise 13: Thought as art -- Exercise 14: All four pixel images -- Exercise 15: Book of compositions -- Chapter Four: Improvisational Drawing -- Exercise 16: Going outside the box -- Exercise 17: Not-breath awareness -- Exercise 18: Growing improvisation -- Exercise 19: Chasing the Coltrane Effect -- Exercise 20: Drawing to reveal inner conditions -- Exercise 21: Noticing Intuition -- Exercise 22: You are the universe drawing -- Chapter Five: Reading the Drawings -- Exercise 23: An exact physical description -- Exercise 24: Feeling the meaning -- Exercise 25: The story we tell ourselves -- Exercise 26: Connecting our story to a larger story -- Chapter Six: The Search for the Source of Creativity -- Exercise 27: Priming the source -- Exercise 28: Sitting still at the origin -- Exercise 29: Embedded sources -- Exercise 30: Mindful of the path -- Chapter Seven: Meta-Drawing -- Exercise 31: Sharing with yourself -- Exercise 32: Sharing with a trusted friend -- Exercise 33: Sharing with the world. (shrink)

With precision and profundity born of 30 years of devoted study, John Boyle offers an essential introduction to St. Thomas Aquinas on Scripture, shedding helpful light on the goals, methods, and commitments that animate the Angelic Doctor's engagement with the sacred page. Because the genius of St. Thomas's approach to the Bible lies not so much in its novelty but rather in the fidelity and clarity with which he recapitulates the riches of the preceding interpretive Tradition, this initiation into (...) St. Thomas's vision of Scripture is itself an orientation to the Church's vision of Scripture, from the Fathers through and beyond the Middle Ages. St. Thomas's embeddedness within the Church's Tradition and his own historical context is integral to his approach to Scripture, yet it sets him at some distance from modern readers, for whom his interpretive vision may seem perplexing or even impenetrable. In this Primer, Boyle first provides an acclimation to this medieval context through a survey and explanation of pertinent technical terminology used by St. Thomas and characteristic of the scholastic theology of the time. With an eye to the medieval practice of considering Scripture according to the fourfold division of causes, Boyle builds on this initial foundation by exploring in turn St. Thomas's accounts of the end or use of Scripture (final cause), its divine and human authorship (efficient cause), its order and division (material cause), and its literary styles or genres (formal cause). Drawing on writings from across St. Thomas's corpus, but especially his work On the Commendation and Division of Sacred Scripture and the prologues to his biblical commentaries, Boyle masterfully elucidates both the hermeneutical principles and deep wisdom of the Angelic Doctor's approach to Scripture, imparting invaluable guidance not only for reading and understanding St. Thomas and other great masters of the Tradition, but also-and ultimately-for understanding Scripture in light of this Tradition and reading it with greater benefit and joy. (shrink)

The first edition of the Ethical Religious Directives for Catholic Health Care Services was published in 1948. Since then, it has undergone two major revisions and several smaller ones. The following essay explores the history of the ERDs and the important aspects of these revisions.

The notion of what an agent ought to do is refined to yield a notion conditional obligation, representing what the agent ought to do under various circumstances. Patterns of reasoning in the conditional deontic logic are explored. In contrast to the dominance account developed earlier, a competing notion of orthodox act utilitarianism is formulated.

The notion of what an agent ought to do is generalized to yield a notion of what groups of agents ought to do. Relations among the obligations governing groups and subgroups are explored, as well as the connections among different species of individual act utilitarianism, group act utilitarianism, and rule utilitarianism.

Develops the formal theory of action, or agency, that forms the background of the book. The account is cast against the background of Prior's theory of branching, or indeterministic, time. Against this background, the chapter develops precise notions of action and ability for both individuals and groups.

Supplements the background theory of indeterministic time with a standard deontic logic, representing what ought to be the case. Taken together with the formal notion of action introduced in the previous chapter, the framework now allows us to speak about what it ought to be that the agent does, and to explore the possibility that this notion should be identified with the notion of what the agent ought to do. Examples are developed to show that the two notions should not (...) be identified. (shrink)

An analogy is developed between action in an indeterministic setting and choice under uncertainty, as it is studied in decision theory. Various dominance relations among actions are explored, and used both to provide a semantic account of what agents ought to do and to formulate a notion of dominance act utilitarianism. The ideas are related to problems involving independence, conditionals, and sure‐thing reasoning.

In lieu of an abstract, here is a brief excerpt of the content:THE INCOMMUNICABILITY OF HUMAN PERSONS JOHN F. CROSBY, III Franciscan University of Steubenville Steubenville, Ohio I PROPOSE TO explore the idea that persons do not exist as replaceable specimens of or as mere instances of an ideal or type, but rather exist in some sense for their own sakes, each existing as incommunicably his or her own.1 I undertake this study in the conviction that the incommunicability of (...) persons is profoundly characteristic for them precisely as persons, and has a major role to play in any philosophy of the person. And there is an entirely different reason which attracts me to this subject. I think that most of what I have to say here can find acceptance across a broad spectrum of philosophical positions. At a time when thinkers are increasingly suspicious of universally valid truth about man, when many of them think that a vision of man is proper only to some tradition and valid only within that tradition and not beyond it, one can offer a salutary challenge to one's contemporaries by showing a centrally important truth about persons which, as I say, can be accepted by philosophers coming from the most various points of view. Suppose that you were to minimalize the death of someone by saying that at least the human species did not die with him or her, as if the immortality of the species more than compensated for the mortality of this individual : everyone understands that you would thereby radically depersonalize the deceased. Or suppose that you were grieving over the death of someone dear to you, and a friend tried to comfort you with the thought that the 1 My thanks to Josef Seifert, William Frank, Damian Fedoryka, and Katryna Fedoryka for their comments on earlier drafts of this study. The text of this article forms Chapter Two of my book, Essay on Personal Selfhood, which is close to completion. 403 404 JOHN F. CROSBY, III particular excellences of the deceased, which awakened your love, also exist in other human beings who are still living, as if you could continue to love in them what you had loved in the deceased. Again, everyone understands that if you treat people having excellences as if they were replaceable specimens of those excellences, then you lose your grip on them as persons. But why is this? Why is personhood driven out of human beings as soon as their species-membership, or their particular excellences, are thought to predominate in them? What is that incommunicability of each person which is obscured as soon as persons are thought to be only specimens? One commonly thinks that this aspect of personal selfhood has been recognized only in modern thought; in fact it was recognized already by St. Thomas Aquinas. Creatura autem rationalis divinae providentiae substat sicut secundum se gubernata et provisa, non solum propter speciem, ut aliae corruptibiles creaturae : quia individuum quod gubernatur solum propter speciem, non gubernatur propter seipsum; creatura autem rationalis propter seipsam gubernatur, ut ex dictis manifestum est. Sic igitur solae rationales creaturae directionem a Deo ad suos actus accipiunt non solum propter speciem, sed secundum individuum.2 Notice that Aquinas teaches here the metaphysical ultimacy of personal incommunicability; it exists even before God in the sense 2 " Now, a rational creature exists under divine providence as a being governed and provided for in himself, and not simply for the sake of his species, as is the case with other corruptible creatures. For the individual that is governed only for the sake of the species is not governed for its own sake, but the rational creature is governed for his own sake, as is clear from what we have said (ch. 112). And so, only rational creatures receive direction from God in their acts, not only for the species, but for the individual." Summa Contra Gentiles, III, ch. 113 (Bourke translation). By the way, Chapters 111-114 of Book III seem to me to constitute the most " personalist " passage' in the entire corpus of St. Thomas. The modern reader sees to his amazement that St. Thomas here has already made his own the Kantian idea that each person in a sense exists for his... (shrink)

A fascinating book demonstrating the influence of alchemy and esoteric traditions on the mature art of Marcel Duchamp.

In lieu of an abstract, here is a brief excerpt of the content:152 BOOK REVIEWS with Weinrih's theory of formalism which Joseph Raz points out in his essay. One of the most serious of these deficiencies in my opinion is the role that is accorded to the judiciary. Weinrih's theory, as Raz shows, requires that when positive law is in conflict with the " form of law," positive law should he disregarded by the courts, and the courts in these cases (...) not only have the legal right to disregard the statutes of law hut even the moral duty to do so. To give such total discretionary power to the courts is certainly to offer an invitation impossible to re· sist, as the recent judicial history of the United States Supreme Court clearly shows, to autocratic and politically motivated judicial activism. The above remarks, inadequate as they are because of the constraints of space, may offer some indication of the rich diversity of natural law theories currently offering themselves for our consideration. Those interested in natural law theory either within the framework of moral theory, or legal theory, or both, will surely find that a careful reading of this volume will amply reward their efforts. St. John's University Jamaica, New York THOMAS A. FAY Metaphysics: An Outline of the History of Being. By MIECZYSLAW ALBERT KRAPIEC, O.P., translated by Theresa Sandok. New York: Peter Lang, 1991. Pp. 539. $69.95 (cloth). This volume is the second in Lang's Catholic Thought from Lublin series edited by Andrew Woznicki. Krapiec's work is a tour de force of Gilsonian Thomism as it founds metaphyscis upon a judgmental grasp of the act of existence in sensible things. The hook is unrelentingly Krapiec. Though there are abundant historical descriptions, there is a minimum of textual citation. Also, the reader can plainly see that Krapiec is intent upon presenting his understanding of metaphysics ad mentem Thomae. Three main parts comprise the hook. Part One is on the object of metaphysics-being as being (as existing). Part One contains the most crucial pages of the hook, viz., pp. 86-100. There Krapiec explains the attainment of this object. This portion is obviously the heart of the hook, and I will treat it in detail later. Part One also includes a lengthy exposition of the transcendentals. Part Two focuses on the structure of being and elaborates the following : act and potency, substance and accidents, matter and form, essence and existence, and the causes of being. There are two noteworthy points here. First, Krapiec's lengthy inclusion (pp. 313-374) of BOOK REVIEWS 153 matter and form within his metaphysics seems to have metaphysics swallowing up natural philosophy. One's misgivings are not assuaged by Krapiec's presentation of the division of the speculative sciences hack in his General Introduction. There the first degree of abstraction is no longer the home of natural philosophy hut the home of the modern humanistic and natural sciences (p. 28). The second degree harbors mathematics, while the third degree is home not only to metaphysics hut "philosophy" (pp. 28-9). The reader is left wondering what has happened to natural philosophy. I see no exigency' for Krapiec's metaphysics to eclipse natural philosophy. Moreover, for some Thomists, the move will create an unfortunate distraction from the good points of Krapiec's metaphysics. Second, by this reader's count, Krapiec presents no less than nine arguments for the real distinction between essence and existence. These arguments include the following: Aquinas's De Ente et Essentia argument that one can know what a phoenix is without knowing that one exists; the necessary character of existence as an essence vs. contingent realities; the monism of existence as an essence vs. the plurality of beings ; the infinity of existence as an essence vs. finite realities; and the reality of the potency/act distinction applied to essence-as·potency and existence-as-act. I cannot engage this involved topic in the short space of a review. I will say, however, that with Joseph Owens, I fail to see why a conceptual distinction between essence and existence is insufficient to deal with the above facts and problems. Underwriting my skepticism is the understanding that meanings can remain... (shrink)

Among Thomists the standard practice is to show the openness of human nature to beatitude from the speculative side. The intellectual desire to know the richness of the notion of being, the ratio entis, becomes the desire to know the creator who as esse subsistens embodies the intelligible heart of being. I want to try the same strategy but from the practical side. I believe that more people experience a desire to love than a desire to know. Few have noticed (...) that Aquinas’s first practical principle “Good ought to be done” is, as I will explain, a call to be respectful and solicitous of ourselves and others as intellectors of being. Hence, fidelity to this principle illustrates a connection between being and love so that the greater is the concentration of being, then the greater is the concentration of love. A subsistent instance of being should be a subsistent instance of love. In his metaphysics Aquinas attains the creator as subsistent being. Hence, contact with that instance would strengthen in an unparalleled way the human’s fidelity to the first practical principle. Does this contact in fact occur? That philosophical question raises the religious possibility. In its parade of saints, Christianity provides tantalizing evidence that that contact is realized. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 323 Person and Religion: An Introduction to the Philosophy of Religion. By ZOFIA J. ZDYBICKA, U.C.J.A. Translated by Theresa Sandok. New York: Peter Lang, 1991. Pp. xix+ 397 (cloth). Zdybicka's volume is the third in Peter Lang's series, "Catholic Thought from Lublin." A convenient way to display the contents of Person and Religion is to elaborate the meaning of " philosophy of religion " and its comprising (...) terms. Philosophy of religion designates the attempt to arrive at an ultimate explanation of the empirically given and existentially apprehended fact of religion (p. 96). In other words, why does religion exist at all and what are its subjective and objective grounds? This endeavor Zdybicka understands to be a recent one. Despite a wealth of reflection on religion over the centuries (See her historical survey, pp. 1-49), only since the 19th century have there been separate disciplines with the phenomenon of religion as their object. Zdybicka also emphasizes that not any kind of philosophy is equal to the task of carrying out the above mentioned attempt. Since the ultimate explanation of religion as truth or fantasy will entail determining whether God exists, only philosophies capable of grasping the real can serve the interests of philosophy of religion. Forms of Kantianism and phenomenology are not equal to the task (p. 97). Only a realistic philosophy connected with a theory of being stands a chance of offering an ultimate explanation of religion. In particular, the metaphysics borne in mind here is that of Krapiec. Peter Lang has recently published an English translation of it under the title, Metaphysics: An Outline of the History of Being (see my review in the January issue of The Thomist.) This work is indispensable background reading for Part III of Zdybicka's volume. Though this metaphysics is existential Thomist, its employment in a philosophy of religion will not resolve the question of which religion is true, though some religions will be ruled out as unsuitable for the human being (p. 97). What is understood as "religion"? In its basic meaning the religious fact is the reference or orientation of the human being toward a transcendent reality (p. 109). Considered more closely, the religious fact is actually multiphasic. First, there is the experience of our own ontic insufficiency and the consciousness of our transcendence and search for a value capable of preserving us in being and giving us complete existential meaning. Second, there is the religious experience in its strict sense. This second phase is itself divided into three phases. First is some kind of revelation from the religious object. Zdybicka stresses that this revelation occurs through signs to which we respond in faith; there is no direct cognitive contact with the religious object. 324 BOOK REVIEWS Second, there is the active response of the one struck by this revelation. The response consists in pursuing union with the deity. This second phase involves purification. Finally, there is the realization of the bond with the sacrum. What is achieved in the human person is holiness. The book concludes (pp. 315-22) with an extended discussion of this value. In sum, the phases of the religious experience properly speaking are: encounter, dialogue, and union. Zdybicka regards religious cults and rites as simply the externalization of religious acts (p. 129). They complete the description of the religious fact. Zdybicka also takes some time to distinguish religious experience from cognitive, moral, and aesthetic experience. Finally, pp. 157-59 contain an interesting inductive argument that the object of religious experience has always been understood as personal. In Part III Zdybicka performs a philosophical assessment of the religious fact. Specifically, the assessment is of the above mentioned introductory phase. Also as mentioned, Zdybicka takes advantage of Krapiec's Gilsonian existential Thomism which has denominated "classical philosophy." This philosophy's analysis of the human person and of reality critically validates both the subjective and objective grounds for the fact of religion properly speaking. The philosophically established subjective grounds include the contingent ontic status of the human person as this is evinced in the presence of the essence/existence composition. They also include an analysis of the person's ability to know and... (shrink)

There are many tangled normative and technical questions involved in evaluating the quality of software used in epidemiological simulations. In this paper we answer some of these questions and offer practical guidance to practitioners, funders, scientific journals, and consumers of epidemiological research. The heart of our paper is a case study of the Imperial College London covid-19 simulator, set in the context of recent work in epistemology of simulation and philosophy of epidemiology.

John F. Henry is an eminent economist who has made important contributions to heterodox economics drawing on Adam Smith, Karl Marx, Thorstein Veblen, and John Maynard Keynes. His historical approach offers radical insights into the evolution of ideas (ideologies and theories) giving rise to and/or induced by the changes in capitalist society. Essays collected in this festschrift not only evaluate John Henry's contributions in connection to Marx's and Veblen's theories, but also apply them to the socio-economic issues (...) in the 21st century. In Part I leading heterodox economists in the traditions of Marxism, Post Keynesianism, and Institutionalism critically examine Marx's and Veblen's theoretical frameworks (and their connections to each other) that have become the foundations of heterodox economics. Chapters in Part II showcase alternative theoretical explanations inspired by Marx, Veblen, and Henry. Topics in this Part include financial crisis, financialization, capital accumulation, economics teaching, and the historical relationship between money and class society. Part III is devoted to John Henry's heterodox economics encapsulated in his "farewell" lecture, interview, and bibliography. Essays in this book, individually and collectively, make an important point that the history of economic thought (or historical analysis of economic theory and policy) is an integral part of developing heterodox economics as an alternative theoretical framework. Anyone who is troubled by the recurring failure of capitalism as well as mainstream economics will find this book well worth reading. (shrink)

John F. Post argues that physicalistic materialism is compatible with a number of views often deemed incompatible with it, such as the objectivity of values, the irreducibility of subjective experience, the power of the metaphor, the normativity of meaning, and even theism.

In this volume, John Horty brings to bear his work in logic to present a framework that allows for answers to key questions about reasons and reasoning, namely: What are reasons, and how do they support actions or conclusions?

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

Originally published in 1830, this book can be called the first modern work in the philosophy of science, covering an extraordinary range of philosophical, methodological, and scientific subjects. "Herschel's book . . . brilliantly analyzes both the history and nature of science."—Keith Stewart Thomson, American Scientist.

In his “Theology and Falsification” Professor Antony Flew challenges the sophisticated religious believer to state under what conceivable occurrences he would concede that there really is no God Who loves mankind: ‘Just what would have to happen not merely to tempt but also, logically and rightly, to entitle us to say “God does not love us” or even “God does not exist”? I therefore put…the simple central questions, “What would have to occur or to have occurred to constitute for you (...) a disproof of the love of, or of the existence of, God”?’. (shrink)

Written by a highly respected scholar of Thomas Aquinas's writings, this volume offers a comprehensive presentation of Aquinas's metaphysical thought. It is based on a thorough examination of his texts organized according to the philosophical order as he himself describes it rather than according to the theological order. -/- In the introduction and opening chapter, John F. Wippel examines Aquinas's view on the nature of metaphysics as a philosophical science and the relationship of its subject to divine being. Part (...) One is devoted to his metaphysical analysis of finite being. It considers his views on the problem of the One and the Many in the order of being, and includes his debt to Parmenides in formulating this problem and his application of analogy to finite being. Subsequent chapters are devoted to participation in being, the composition of essence and esse in finite beings, and his appeal to a kind of relative nonbeing in resolving the problem of the One and the Many. Part Two concentrates on Aquinas's views on the essential structure of finite being, and treats substance-accident composition and related issues, including, among others, the relationship between the soul and its powers and unicity of substantial form. It then considers his understanding of matter-form composition of corporeal beings and their individuation. Part Three explores Aquinas's philosophical discussion of divine being, his denial that God's existence is self-evident, and his presentation of arguments for the existence of God, first in earlier writings and then in the "Five Ways" of his Summa theologiae. A separate chapter is devoted to his views on quidditative and analogical knowledge of God. The concluding chapter revisits certain issues concerning finite being under the assumption that God's existence has now been established. -/- John F. Wippel, professor of philosophy at The Catholic University of America, was recently awarded the prestigious Aquinas Medal by the American Catholic Philosophical Association. In addition to numerous articles and papers, Wippel has coauthored or edited several other works, including Metaphysical Themes in Thomas Aquinas and The Metaphysical Thought of Godfrey of Fontaines, both published by CUA Press. (shrink)

inheritance reasoning in semantic networks allowing for multiple inheritance with exceptions. The approach leads to a definition of iaheritance that is..

The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and (...) applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic. (shrink)