Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

Conceptions of evil have changed dramatically over time, and though humans continue to commit acts of cruelty against one another, today we possess a clearer, more moral way of analyzing them. In _Narrating Evil_, María Pía Lara explores what has changed in our understanding of evil, why the transformation matters, and how we can learn from this specific historical development. Drawing on Immanuel Kant's and Hannah Arendt's ideas about reflective judgment, Lara argues that narrative plays a key role (...) in helping societies acknowledge their pasts. Particular stories haunt our consciousness and lead to a kind of examination and dialogue that shape notions of morality. A powerful description of a crime can act as a filter, helping us to draw conclusions about what constitutes a moral wrong, and public debates over these narratives allow us to construct a more accurate picture of historical truth, leading to a better understanding of why such actions are possible. In building her argument, Lara considers Greek tragedies, Shakespeare's depictions of evil, Joseph Conrad's literary metaphors, and movies that portray human cruelty. Turning to such philosophers and writers as Jürgen Habermas, Walter Benjamin, Primo Levi, Giorgio Agamben, and Ariel Dorfman, Lara defines a reflexive relationship between an event, the narrative of the event, and the public reception of the narrative, and she proves that the stories of perpetrators and sufferers are always intertwined. The process of disclosure, debate, and the public fashioning of collective judgment are vital methods through which we make sense not only of new forms of cruelty but of past crimes as well. _Narrating Evil_ describes the steps of this process and why they are a crucial part of our attempt to build a different, more just world. (shrink)

Amyotrophic lateral sclerosis (ALS) is a neurodegenerative disease, primarily leading to the degeneration of motor neurons. The traditional focus on motor neuron‐centric mechanisms has recently shifted towards understanding the contribution of non‐neuronal cells, such as microglia, in ALS pathophysiology. Advances in induced pluripotent stem cell (iPSC) technology have enabled the generation of iPSC‐derived microglia monocultures and co‐cultures to investigate their role in ALS pathogenesis. Here, we briefly review the insights gained from these studies into the role of microglia in ALS. (...) While iPSC‐derived microglia monocultures have revealed intrinsic cellular dysfunction due to ALS‐associated mutations, microglia‐motor neuron co‐culture studies have demonstrated neurotoxic effects of mutant microglia on motor neurons. Based on these findings, we briefly discuss currently unresolved questions and how they could be addressed in future studies. iPSC models hold promise for uncovering disease‐relevant pathways in ALS and identifying potential therapeutic targets. (shrink)

Lara Buchak sets out a new account of rational decision-making in the face of risk. She argues that the orthodox view is too narrow, and suggests an alternative, more permissive theory: one that allows individuals to pay attention to the worst-case or best-case scenario, and vindicates the ordinary decision-maker.

BackgroundCountries are increasingly devoting significant resources to creating or strengthening research ethics committees, but there has been insufficient attention to assessing whether these committees are actually improving the protection of human research participants.DiscussionResearch ethics committees face numerous obstacles to achieving their goal of improving research participant protection. These include the inherently amorphous nature of ethics review, the tendency of regulatory systems to encourage a focus on form over substance, financial and resource constraints, and conflicts of interest. Auditing and accreditation programs (...) can improve the quality of ethics review by encouraging the development of standardized policies and procedures, promoting a common base of knowledge, and enhancing the status of research ethics committees within their own institutions. However, these mechanisms focus largely on questions of structure and process and are therefore incapable of answering many critical questions about ethics committees' actual impact on research practices.The first step in determining whether research ethics committees are achieving their intended function is to identify what prospective research participants and their communities hope to get out of the ethics review process. Answers to this question can help guide the development of effective outcomes assessment measures. It is also important to determine whether research ethics committees' guidance to investigators is actually being followed. Finally, the information developed through outcomes assessment must be disseminated to key decision-makers and incorporated into practice. This article offers concrete suggestions for achieving these goals.ConclusionOutcomes assessment of research ethics committees should address the following questions: First, does research ethics committee review improve participants' understanding of the risks and potential benefits of studies? Second, does the process affect prospective participants' decisions about whether to participate in research? Third, does it change participants' subjective experiences in studies or their attitudes about research? Fourth, does it reduce the riskiness of research? Fifth, does it result in more research responsive to the local community's self-identified needs? Sixth, is research ethics committees' guidance to researchers actually being followed? (shrink)

Postmodern political critiques speak of the death of ideology, the end of history, and the postsecular return of religious attitudes, yet radical conservative theorists such as Mark Lilla argue religion and politics are inextricably intertwined. Returning much-needed uncertainty to debates over the political while revitalizing the very terms in which they are defined, María Pía Lara explores the ambiguity of secularization and the theoretical potential of a structural break between politics and religion. For Lara, secularization means three things: (...) the translation of religious semantics into politics; a transformation of religious notions into political ideas; and the reoccupation of a space left void by changing political actors that gives rise to new conceptions of political interaction. Conceptual innovation redefines politics as a horizontal relationship between governments and the governed and better enables societies (and individual political actors) to articulate meaning through action--that is, through the emergence of new concepts. These actions, Lara proves, radically transform our understanding of politics and the role of political agents and are further enhanced by challenging the structural dependence of politics on religious phenomena. (shrink)

In secondary literature, Schelling’s Naturphilosophie is most commonly discussed within the context of Kant’s epistemology and the transcendental deduction, which was swiftly identified by the generation of young Kantians as a skeptical problem, i.e., the need to demonstrate that our a priori conditions of knowledge indeed determine their object. In this paper I argue that the central concern that motivates Schelling’s Naturphilosophie is better understood within the context of the question of unity of theoretical and practical reason with which Schelling (...) was familiar from his study of Kant’s third Critique. But unlike Kant, for whom the occurrences of beauty and organisms in the world exhibit a contingent harmony of nature with the demands of our rationality, Schelling demands a necessary correspondence between reason and nature. Schelling anchors the necessary correspondence between the self and nature in the claim that nature is not a dead object of self-consciousness, but that which is at the same time a subject and its own object. He takes the latter to be the essential characteristic of 'life'. Nature must not be conceived as a dead mechanism, but as a living organization and as an “analogue of reason” because to be one’s own subject and object defines both the spontaneity of self-consciousness and the spontaneity of self-determination. Thus, nature that is no longer represented mechanically, but as an “analogue of reason,” is nature that is necessarily amenable with both the minimal (i.e., cognitive) and final ends of our rationality (i.e., freedom). (shrink)

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

La guerra no es una actividad necesariamente sangrienta, pero sí necesariamente política. Esta, en tanto que actividad del espíritu y sentimiento, anida en las mentes de quienes toman parte en ella. En el mundo del siglo XXI el incremento de relaciones e intereses compartidos hace difícil que las guerras puedan ser totales; lo que existe es una zona gris en la que se plasma la rivalidad de los diferentes actores en planos concretos. Narrativas e imágenes son fundamentales como herramientas de (...) persuasión política. En este sentido también son elementos del _Soft Power_, entre ellas la Historia, que puede ser instrumentada como la mejor de las narrativas. Estas permiten controlar la agenda informativa y, a su vez, la realidad, así como crear los sobreentendidos que sirven a las Relaciones Internacionales y ayudan a la implementación de las políticas. El dominio cultural y, sobre todo, la cinematografía son elementos claves en tal propósito, porque no importan los hechos tanto como su percepción, su memoria y recuerdo. (shrink)

Medical stem cell research is currently the cause of much moral controversy. Those who would confer the same moral status to embryos as we do to humans consider that harvesting such embryonic cells entails sacrificing embryos. In this paper, the author analyses critically the arguments given for such a perspective. Finally, a theory of moral status is outlined that coherently and plausibly supports the use of embryonic stem cells in therapeutic research.

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

This book is the first collection of essays on Schelling in English that systematically explores the historical development of his philosophy. It addresses all four periods of Schelling's thought: his Transcendental Philosophy and Philosophy of Nature, his System of Identity [Identitätsphilosophie], his System of Freedom, and his Positive Philosophy. The essays examine the constellation of philosophical ideas that motivated the formation of Schelling's thought, as well as those later ones for which his philosophy laid the foundation. They therefore relate Schelling's (...) philosophy to a broad range of systematic issues that are of importance to us today: metaphysics, epistemology, aesthetics, ethics, our modern conceptions of individual autonomy, philosophy of history, philosophy of religion, political philosophy, and theology. The result is a new interpretation of Schelling's place in the history of German Idealism as an inventive and productive thinker. (shrink)

RESUMENMoviéndose por caminos siempre complejos, la obra de Georges Bataille perdura como una de las más originales del pensamiento francés del siglo XX, donde su influencia ha sido inmensa. El presente artículo quiere mostrar el importante rol que jugarán en su obra las nociones de lo sagrado y de experiencia interior. Dicha experiencia, elemento central para entender su concepción de la religión, representará para Bataille la puesta en tela de juicio de todo lo conocido, pero también la íntima comunicación, ajena (...) al discurso racional, que se establece entre el mundo profano y el mundo sagrado.PALABRAS CLAVESAGRADO, EXPERIENCIA INTERIOR, COMUNICACIÓN, SACRIFICIO, MUERTE.ABSTRACTThe work of Georges Bataille, moving through complex paths, remains as one of the most original works of the twentieth-century French thought, where his influence has been immense. This article aims to show the important role that the notions of sacred and inner experience will play in his work. This experience, the central element for understanding his conception of religion, will represent to Bataille the putting into question all the known, but also the intimate communication, foreign to rational discourse, which is set between the profane and the sacred world. KEYWORDSSACRED, INNER EXPERIENCE, COMMUNICATION, SACRIFICE, DEATH. (shrink)

There are currently two robust traditions in philosophy dealing with doxastic attitudes: the tradition that is concerned primarily with all-or-nothing belief, and the tradition that is concerned primarily with degree of belief or credence. This paper concerns the relationship between belief and credence for a rational agent, and is directed at those who may have hoped that the notion of belief can either be reduced to credence or eliminated altogether when characterizing the norms governing ideally rational agents. It presents a (...) puzzle which lends support to two theses. First, that there is no formal reduction of a rational agent’s beliefs to her credences, because belief and credence are each responsive to different features of a body of evidence. Second, that if our traditional understanding of our practices of holding each other responsible is correct, then belief has a distinctive role to play, even for ideally rational agents, that cannot be played by credence. The question of which avenues remain for the credence-only theorist is considered. (shrink)

El presente artículo trata de enmarcar la economía social y solidaria en el seno del actual debate producto de la crisis económica vigente, haciendo especial hincapié en las cuestiones relacionadas con los bienes comunes y la gestión democrática. La crisis presente ha puesto de manifiesto la necesidad de proponer modelos socio-económicos alternativos que aúnen democracia, compromiso social y sostenibilidad del medio ambiente. La economía social y solidaria, sin ser un programa homogéneo, está contribuyendo a proponer respuestas a algunos de los (...) problemas actuales en materia de desempleo e integración social, revalorizando en los procesos económicos, no sólo los intercambios mercantiles, sino también los intereses sociales y los recursos naturales.This article aims to enlighten the importance ofsolidary and social economy in the present discussion, whose importance has increased as a result of the current economic crisis, making a special emphasis on subjects such as commons goods and democratic management. The crisis has brought up the need for alternative socio-economical management models which must combine democracy, social commitment and environmental sustainability. Solidary and social economy, without being a homogeneous program, are proposing answers to some of the present problems related to unemployment and social integration, contributing to increase the value of economic processes, not only in commercial exchanges, but also the social interest and natural resources. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

At the time of writing, social media is rife with misinformation and disinformation, having very real effects on our political processes and on the vaccination efforts of the COVID pandemic. As the effort to pass new laws and regulations on social media companies gains momentum, concerns remain about how to balance free speech rights and even who, if anyone, should be the one to regulate social media. Drawing on Dewey’s conception of the public, I argue for the regulation of social (...) media companies by the state as part of the effort to curb misinformation and disinformation. (shrink)

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement of (...) Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

This paper provides an account of what it is to have faith in a proposition p, in both religious and mundane contexts. It is argued that faith in p doesn’t require adopting a degree of belief that isn’t supported by one’s evidence but rather it requires terminating one’s search for further evidence and acting on the supposition that p. It is then shown, by responding to a formal result due to I.J. Good, that doing so can be rational in a (...) number of circumstances. If expected utility theory is the correct account of practical rationality, then having faith can be both epistemically and practically rational if the costs associated with gathering further evidence or postponing the decision are high. If a more permissive framework is adopted, then having faith can be rational even when there are no costs associated with gathering further evidence. (shrink)

Individual differences in convergent and divergent thinking may uniquely explain variation in analogical reasoning ability. Across two studies we investigated the relative influences of divergent and convergent thinking as predictors of verbal analogy performance. Performance on both convergent thinking and divergent thinking uniquely predicted performance on both analogy selection and analogical generation tasks. Moreover, convergent and divergent thinking were predictive above and beyond creative behaviours in Study 1 and a composite measure of crystallised intelligence in Study 2. Verbal analogies in (...) Study 2 also varied in semantic distance, with results demonstrating divergent thinking as a stronger predictor of analogy generation for semantically far than for semantically near analogies. Results thus further illuminate the link between analogical reasoning and creative cognition by demonstrating convergent and di.. (shrink)

Mr. Danto argues that recent developments in the artworld, in particular the production of works of art that cannot be told from ordinary things, make urgent the need for a new theory of art and make plain the factors such a theory can and cannot involve. In the course of constructing such a theory, he seeks to demonstrate the relationship between philosophy and art, as well as the connections that hold between art and social institutions and art history. The book (...) distinguishes what belongs to artistic theory from what has traditionally been confused with it, namely aesthetic theory and offers as well a systematic account of metaphor, expression, and style, together with an original account 0f artistic representation. A wealth of examples, drawn especially from recent and contemporary art, illuminate the argument. (shrink)

In the peer disagreement debate, three intuitively attractive claims seem to conflict: there is disagreement among peers on many important matters; peer disagreement is a serious challenge to one’s own opinion; and yet one should be able to maintain one’s opinion on important matters. I show that contrary to initial appearances, we can accept all three of these claims. Disagreement significantly shifts the balance of the evidence; but with respect to certain kinds of claims, one should nonetheless retain one’s beliefs. (...) And one should retain them even though these beliefs would not be supported by the new total evidence if one didn’t already hold them. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 3, Page 291-300, September 2022.

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 3, Page 291-300, September 2022.