The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig (...) Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage. (shrink)

This work presents, interprets, and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights and of the enforcement of morality, and his analysis of the conditions of legal resposibility and the justification of punishment.

Book reviewed in this article: Artificial Reproduction: A Social Investigation. By R. Snowden, G.D. Mitchell, and E. M. Snowden. Redefining Human Life: Reproductive Technologies and Social Policy. By Robert H. Blank. Reproductive Ethics. By Michael D. Bayles.

In “Ideals and the Concept of Morality,” John T. Granrose criticizes R. M. Hare’s theory of morals for not providing good and sufficient reasons for rejecting the ideals of fanatics, e.g., Nazis and other racists. He then attempts to do what Hare admittedly failed to do by developing an argument based on a material or social concept of morality. Granrose claims that his argument “wins by default! In the absence of a rational counterargument by the fanatic, the issue is settled”. (...) In this discussion I shall not be concerned with Granrose’s strictures about Hare’s theory. Instead, I shall show that Granrose does not win by default for the fanatic has a rational counterargument. For convenience, I shall confine my discussion to racism as a form of fanaticism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.2 (2002) 225-237 [Access article in PDF] Did Bayle Read Saint-Evremond? Thomas M. Lennon Of course Bayle read Saint-Evremond—he quotes him. Moreover, he published one of Saint-Evremond's texts. But there is reading, and then there is reading. There is selective, inattentive perusal of excerpts or even secondary sources, with no attempt to penetrate beyond a superficial understanding; and then there is comprehensive, close (...) scrutiny of the best primary sources, with sensitivity to nuance, and attention to context. In short, there is a difference between skimming and studying. Did Pierre Bayle (1647-1706) skim or study the work of Saint-Evremond (ca.1614-1703)?This article argues that Bayle's first-hand knowledge of Saint-Evremond's work was superficial and dependent on a secondary source that gives that work a less than obvious, and hitherto unappreciated meaning for Bayle. This shift matters because it bears on the question of the status of Bayle's religious faith. With her classic Pierre Bayle (1963-64), Elizabeth Labrousse set aside the traditional view of Bayle as a religious skeptic whose professions of faith cannot be taken at face value. Such had been the view held by many in Bayle's own time, most notably by Pierre Jurieu, and near-universally from the Enlightenment into the twentieth century. Very recently, in a work that is no less impressive than hers on this and other topics in Bayle, Gianluca Mori has defended the traditional view, basing a part of his argument on Bayle's use of Saint-Evremond. 1 Thus the question above. Moreover, the matter of Bayle's religious belief is not a merely biographical one. First, there is the fact of his [End Page 225] influence, especially given his huge readership, although Bayle's influence may well be other than anything he intended. Secondly, in any case, the interpretation of Bayle's work as a whole depends on it, for virtually everything he wrote besides the Dictionnaire has a religious dimension.To appreciate the importance of the question, something must first be said about Charles de Marguetel de St. Denis, sieur de Saint-Evremond. He was known in his time, and still is, as a libertine. It is difficult, however, to define libertinage beyond a combination of hedonistic mores and dubious religious beliefs—Epicureanism in some loose and popular sense. 2 What is more important, in any case, is how Bayle might have thought the term applied to Saint-Evremond; and here it is clear that outright atheism may have been at issue. Bayle reports that it was publicly known that Saint-Evremond "ended his long life, just as he had lived it, en esprit fort." He seems certainly to have died without benefit of religion. When asked on his deathbed whether he wished to be reconciled, says Bayle, he answered yes, "with all my heart. I would like to be reconciled with my appetite. For my stomach is no longer functioning in its usual way." Bayle was often at pains to insist upon the ultimate inaccessibility of others' real beliefs (and of the inappropriateness of attempting to reach them). In this case, however, he was prepared to hold up Saint-Evremond as a counter-example to the widely-held belief that there were no speculative atheists, i.e., people who would sincerely deny the existence of God, but only practical atheists, i.e., people who live as if they did not believe in the existence of God, but who, try as they may, are at least occasionally aware of it. 3This view of Saint-Evremond is important because, when accused of irreligion himself, Bayle cited the libertine's work as indicative of his own beliefs. To understand how Bayle came to be accused, and the significance of this response to it, some of the historical background is first necessary. Bayle's Dictionnaire historique et critique sold better than any text in the eighteenth century, philosophical or otherwise; and it was a best-seller right from the publication of its first edition, in... (shrink)

Contributors: Steven M. Cahn, James W. Nickel, J. L. Cowan, Paul W. Taylor, Michael D. Bayles, William A. Nunn III, Alan H. Goldman, Paul Woodruff, Robert A. Shiver, Judith Jarvis Thomson, Robert Simon, George Sher, Robert Amdur, Robert K. Fullinwider, Bernard R. Boxhill, Lisa H. Newton, Anita L. Allen, Celia Wolf-Devine, Sidney Hook, Richaed Waaserstrom, Thomas E. Hill, Jr., John Kekes.

Synaesthesia is a condition in which one type of stimulation evokes the sensation of another, as when the hearing of a sound produces photisms, i.e. mental percepts of colours. R is a 20 year old colour blind subject who, in addition to the relatively common grapheme-colour synaesthesia, presents a rarely reported cross modal perception in which a variety of visual stimuli elicit aura-like percepts of colour. In R, photisms seem to be closely related to the affective valence of stimuli and (...) typically bring out a consistent pattern of emotional responses. The present case study suggests that colours might be an intrinsic category of the human brain. We developed an empirical methodology that allowed us to study the subject's otherwise inaccessible phenomenological experience. First, we found that R shows a Stroop effect elicited by photisms despite the fact that he does not show a regular Stroop with real colours. Secondly, by manipulating the colour context we confirmed that colours can alter R's emotional evaluation of the stimuli. Furthermore, we demonstrated that R's auras may actually lead to a partially inverted emotional spectrum where certain stimuli bring out emotional reactions opposite to the normal ones. These findings can only be accounted for by considering R's subjective colour experience or qualia. Therefore the present paper defends the view that qualia are a useful scientific concept that can be approached and studied by experimental methods. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:HUME ON THE 'DISTINCTION OF REASON1* In a 1959 paper, Richard H. Popkin1 propounded what was then taken to be a most extraordinary thesis: Hume may never have read Berkeley. Popkin's paper marks the end of one of the stranger stories in the history of philosophy, the relationship of the British Empiricists — Locke, Berkeley, Hume — to one another. The thesis was hardly news either to Berkeley or (...) Hume scholars because for several decades in careful studies of the historical contexts and sources they had relied less and less on any theory about significant common themes. In this paper I rehearse the arguments against the "partnership" doctrine and then turn to some ways in which Berkeley and Hume differ over abstractionism and the 'distinction of reason'. Finally, I discuss George Davie's suggestion that this 'distinction' may belong to a very different side of Hume's thought. The linking of Locke with Berkeley is not a feature of early commentary on Berkeley. Berkeley was seen by his contemporaries as a product of Pierre Bayle's scepticism or of Malebranche's immaterialism.2 The work of A.A. Luce, and to a lesser extent, of T. E. Jessop, seeks to restore Berkeley to a place in those traditions and to reduce his indebtedness to Locke. The work of Hume scholars from Kemp Smith to Ardal, Davie, Norton, and Popkin all places Hume outside the direct Berkeley line. So far as the traditional epistemological picture was concerned, there was not enough internal evidence to support a Hume-Berkeley connection. The argument took a different turn when a new Hume letter came to light. Hume's letter to Michael Ramsay from Orleans is dated August 31, 1737. I desire of you, if you have Leizure, to read over La Recherche de la Vérité of Pere Malebranche, the Principles of 90 Human Knowledge by Dr Berkeley, some of the more metaphysical Articles of Bailes Dictionary; such as those /...of/ Zeno, & Spinoza. Des-Cartes Meditations wou'd also be useful....5 In 1973, Michael Morrisroe, Jr., surveyed the contributions of Wiener, Popkin, Mossner, Hall, Flew, and Conroy to the debate. Morrisroe takes the several Hume references to Berkeley as internal evidence that Hume read Berkeley. He then prints a new Hume letter to Michael Ramsay, dated "Rheims. Sepfc. 29 1734. N. S." A ten sentence letter, the eighth reads: "It is my Pleasure to read over again today Locke's Essays and the Principles of Human Knowledge by Dr. Berkeley which are printed in their original state and in French copy." Morrisroe explains in a footnote that he was granted permission to make a typescript of the letter, that it was sold at auction, and that its "present location... is unknown." In addition, he thanks six graduate students: "without their attention to bibliogaphical detail this letter might not have been made ready for publication until much later." But the bibliographical detail does not include telling us whether he saw the original or how the Hume authorship was established; nor does it include speculation on what Hume means in that eighth sentence. Did Hume find one book containing Locke and Berkeley in French and in English which he then read in one day? A bilingual Locke plus a bilingual Berkeley? Or can he mean an edition of Locke's Essay in French and an edition of Berkeley's Principles in English? That seems to be the least likely interpretation, unless the reference to Berkeley is a mere parenthetical afterthought, and Hume had his hands on Locke in English and French plus an English edition of Berkeley. Whatever this letter means, we know that Locke's Essay was available in Pierre Coste's translation. Berkeley is another story. The "Principles appeared in 1710. A revised edition, together with the Three Dialogues (also revised) was published in 1734. The first French edition appears to have been in 1889. The Three Dialogues first appeared in 1713 and the first French translation in 1750. The New Theory of Vision, first published in 1709, appeared together with the first edition of Alciphron in 1732. French translations appeared together in 1734. In any case, it can be granted, if only on... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 561-562 [Access article in PDF] Gianni Paganini, Miguel Benítez, and James Dybikowski, editors. Scepticisme, Clandestinité et Libre Pensée. Paris: Honoré Champion, 2002. Pp. 382. Cloth, €60.00. This book consists of papers from two Tables rondes held in Dublin in 1999 on the occasion of the Tenth International Congress on the Enlightenment. The contributors are: Paganini, Benítez, Dybikowski, Alan Charles Kors, Winfried (...) Schröder, José R. Maia Neto, Adam Sutcliffe, Justin Champion, Antony McKenna, Lorenzo Bianchi, Christine Berkvens-Stevelinck, Pierre Lurbe, Stephen David Snobelen, Nigel Aston, and Stuart Brown. There is remarkably little overlap among the papers and Paganini has clearly insisted on very [End Page 561] high standards. Because of space limitations, I shall focus on several of the general themes which run through the book rather than on individual contributions.Despite the phenomenal success Richard Popkin and collaborators like the late Charles B. Schmitt, Giorgio Tonelli, and Ezequiel de Olaso have had in documenting the amazing impact of skepticism in the Renaissance and in the years up to the Enlightenment, this volume demonstrates that skepticism, that many-faceted force, continued throughout the eighteenth-century Enlightenment. After Bayle, and the application of his special forms of skepticism to theological topics—forms which were often employed, contrary to Bayle's probable intentions, in defense of atheism—skepticism went "underground." A large variety of literature was circulated in manuscript form, the clandestine literature of the period. The lesson which this conference celebrates is that skepticism did not cease being a major cultural force. Thus there is, thanks to the philosophical dimension of the clandestine literature in the eighteenth century, a transition from Christian rationalism to an anti-Christian rationalism.Major figures of the Enlightenment were, of course, well-acquainted with skepticism, e.g., Berkeley, Voltaire, Hume, Crousaz, Condillac, Reid, and Kant. Not surprisingly, the major topics discussed in these papers center around skepticism, fideism and atheism, proofs for the existence of God, and the status of the "preambles" to the faith. These all receive careful attention. The tension between the arguments for Christian Pyrrhonism versus anti-Christian rationalism runs through many of these papers. And of course Bayle's points of view on both sides of the Christian debate appear in much of the clandestine literature. The matter of the immortality of the soul is carefully discussed. What is the status of this doctrine? Is it a question of Church dogma or is it another belief to be discarded in the light of reason?The connection perceived to hold between atheism and political legitimacy are explored in several papers. In the seventeenth century, Locke would exclude atheists from the body politic, in part because they were unable to truthfully swear an oath. Atheists were perceived as a danger for many eighteenth-century figures and the political need to suppress atheism was widely understood and accepted by those in the various religious establishments. Bayle's two-century-old attempt to break the putative logical tie between morality and religion failed in his own day, and despite the efforts of the authors of clandestine philosophical literature, the intimate link Bayle tried to break seems to be stronger than ever in much of the world today. It is interesting that the United States is virtually the only industrial and democratic society in which atheists are virtually precluded from being political candidates in federal, and probably most local, elections. Among other things, the papers in this volume help one to understand just how difficult breaking free from theological constraints in the interest of political freedom has proved to be. Harry McFarland Bracken Arizona State University, Tempe... (shrink)

The Birkhoff-Maltsev problem asks for a characterization of those lattices each of which is isomorphic to the lattice L(K) of all subquasivarieties for some quasivariety K of algebraic systems. The current status of this problem, which is still open, is discussed. Various unsolved questions that are related to the Birkhoff-Maltsev problem are also considered, including ones that stem from the theory of propositional logics.

We assume, in the first place, that two kinds of processes occur in nature: the strictly continuous and causal ones, which are governed by the Schrödinger equation and those implying discontinuities, which are ruled by probability laws. In the second place, we adopt a postulate ensuring the statistical sense of conservation laws. These hypotheses allow us to state a rule telling, in principle, in which situations and to which vectors the system's state can collapse, and which are the corresponding probabilities. (...) The way our proposed approach works is illustrated with some examples and with the analysis of the measurement problem. We obtain the exponential decay law. A comparison with other attempts to solve the measurement problem is performed. (shrink)

LetL(K) denote the lattice (ordered by inclusion) of quasivarieties contained in a quasivarietyK and letD 2 denote the variety of distributive (0, 1)-lattices with 2 additional nullary operations. In the present paperL(D 2) is described. As a consequence, ifM+N stands for the lattice join of the quasivarietiesM andN, then minimal quasivarietiesV 0,V 1, andV 2 are given each of which is generated by a 2-element algebra and such that the latticeL(V 0+V1), though infinite, still admits an easy and nice description (...) (see Figure 2) while the latticeL(V 0+V1+V2), because of its intricate inner structure, does not. In particular, it is shown thatL(V 0+V1+V2) contains as a sublattice the ideal lattice of a free lattice with free generators. Each of the quasivarietiesV 0,V 1, andV 2 is generated by a 2-element algebra inD 2. (shrink)

How ought Christians to approach moral problems? This is a question of method in moral theology. It is also a question of who is in authority to speak on matters of morality. In this essay, the moral methodology of Richard McCormick, S.J., one of the most powerful voices in contemporary Roman Catholic theology, is explored in depth. Attention is focused on its critical details, its development over time, and in particular McCormick's use of authorities in Roman Catholicism. It is argued (...) that his ethical theory is built around one central insight: that the human person in all its facets and dimensions is the criterion of the rightness and wrongness of human actions. (shrink)

This is a reply to Luckiesh's comments (see 18: 608) on Tinker's\nreview of Luckiesh and Moss' book, _Reading as a visual task_\n(see 17: 962). (PsycINFO Database Record (c) 2010 APA, all\nrights reserved).

Discusses some of the philosophical ideas about knowledge and applies them to organizational design and information processing in order to create new ideas and new ways of thinking. Explains how this can be achieved by a discussion of the issues surrounding organizational design and the impact of design on information processing. Reviews the ideas concerning the theory of knowledge proposed by rationalists, such as Descartes and empiricists, such as Locke and how these relate to other epistemological theories such as historicism (...) and pragmatism. Concludes by discussing the means by which philosophical theories of knowledge can assist towards new considerations of information processing. (shrink)

Documents as we encounter them in everyday life are complex and diverse things, whether on paper, computer disk or on the World Wide Web. They play many roles vis-à-vis human beings, and the humans engaged with them have diverse responsibilities that are not always easy to fulfil. Added to this is the issue of how a document or literary work can change and yet retain its identity, as found in maintenance, drafting and versioning of documents. This paper explores how the (...) meaning-oriented philosophy of Herman Dooyeweerd may be used to understand the complex nature of documents, to throw light on the roles, responsibilities and culture surrounding them, and to tackle issues of identity and change. (shrink)

The same research proposal was submitted to 24 district health authority (DHA) research ethics committees in different parts of the country. The objective was to obtain permission for a multi-centre research project. The study of neonatal care in different types of unit (regional, subregional and district), required that four health authorities were approached in each of six widely separated health regions in England. Data were collected and compared concerning aspects of processing, including application forms, information required, timing and decision-making. The (...) key finding was that ethics committees received and processed the applications variably, reflecting individual factors and local problems. To improve consensus and facilitate multicentre studies, standard forms and instructions are suggested and the establishment of a national committee or advisory group advocated. (shrink)

Provability, Computability and Reflection.