It has often been argued that Humean accounts of natural law cannot account for the role played by laws in scientific explanations. Loewer (Philosophical Studies 2012) has offered a new reply to this argument on behalf of Humean accounts—a reply that distinguishes between grounding (which Loewer portrays as underwriting a kind of metaphysical explanation) and scientific explanation. I will argue that Loewer’s reply fails because it cannot accommodate the relation between metaphysical and scientific explanation. This relation also resolves a puzzle (...) about scientific explanation that Hempel and Oppenheim (Philosophy of Science 15:135–75, 1948) encountered. (shrink)

Why do forces compose according to the parallelogram of forces? This question has been controversial; it is one episode in a longstanding, fundamental dispute regarding which facts are not to be explained dynamically. If the parallelogram law is explained statically, then the laws of statics are separate from and “transcend” the laws of dynamics. Alternatively, if the parallelogram law is explained dynamically, then statical laws become mere corollaries to the dynamical laws. I shall attempt to trace the history of this (...) controversy in order to identify what it would be for one or the other of these rival views to be correct. I shall argue that various familiar accounts of natural law not only make it difficult to see what the point of this dispute could have been, but also improperly foreclose some serious scientific options. I will sketch an alternative account of laws that helps us to understand what this dispute was all about. (shrink)

Conflicts of interest are rampant in the American medical community. Today it is not uncommon for doctors to refer patients to clinics or labs in which they have a financial interest (40% of physicians in Florida invest in medical centers); for hospitals to offer incentives to physicians who refer patients (a practice that can lead to unnecessary hospitalization); or for drug companies to provide lucrative give-aways to entice doctors to use their "brand name" drugs (which are much more expensive than (...) generic drugs). In Medicine, Money and Morals, Marc A. Rodwin draws on his own experience as a health lawyer--and his research in health ethics, law, and policy--to reveal how financial conflicts of interest can and do negatively affect the quality of patient care. He shows that the problem has become worse over the last century and provides many actual examples of how doctors' decisions are influenced by financial considerations. We learn how two California physicians, for example, resumed referrals to Pasadena General Hospital only after the hospital started paying $70 per patient (their referrals grew from 14 in one month to 82 in the next). As Rodwin writes, incentives such as this can inhibit a doctor from taking action when a hospital fails to provide proper service, and may also lead to the unnecessary hospitalization of patients. We also learn of a Wyeth-Ayerst Labs promotion in which physicians who started patients on INDERAL (a drug for high blood pressure, angina, and migraines) received 1000 mileage points on American Airlines for each patient (studies show that promotions such as this have a direct effect on a doctor's choice of drug). Rodwin reveals why the medical community has failed to regulate conflicts of interest: peer review has little authority, state licensing boards are usually ignorant of abuses, and the AMA code of ethics has historically been recommended rather than required. He examines what can be learned from the way society has coped with the conflicts of interest of other professionals --lawyers, government officials, and businessmen--all of which are held to higher standards of accountability than doctors. And he recommends that efforts be made to prohibit and regulate certain kinds of activity (such as kickbacks and self-referrals), to monitor and regulate conduct, and to provide penalties for improper conduct. Our failure to face physicians' conflicts of interest has distorted the way medicine is practiced, compromised the loyalty of doctors to patients, and harmed society, the integrity of the medical profession, and patients. For those concerned with the quality of health care or medical ethics, Medicine, Money and Morals is a provocative look into the current health care crisis and a powerful prescription for change. (shrink)

The article « La Défenestration » by Belgian philosopher Marc Richir has been translated into Russian for the first time for this issue of the “Horizon. Studies in Phenomenology.” In his early work “The Defenestration” Richir raises the question of relation between the subject and conceivable world. Here, a philosopher is pictured contemplating the world through the window of his tower. In such detachment from the world the thinker finds himself according to all Modern philosophies of consciousness. Husserl’s phenomenology (...) inherits this detachment, since Husserl imposes the structure of transcendental ego as external to the world. Richir abolishes the concept of transcendental ego with the help of heideggerian Dasein, but analyzing Heidegger’s ontology he comes to the conclusion that the latter remains fixated on beings. Believing a person to live in the fundamental openness of Being, Heidegger places such a person in the secondary world of “truth.” In order to overcome the remains of traditional philosophy in Heidegger’s ontology Richir turns to Merleau-Ponty’ “cosmology of the visible.” The author takes the Merleau-Ponty’s thesis that everything visible has something fundamentally invisible in it. This allows him to discover the universe of “nothing”, which includes both the visible and what is “behind” it. As a result Richir overcomes the classical dualism of the sensual and the intelligible. The concept of defenestration places the subject and the world in the same universe. (shrink)

A number of authors argue that while species are evolutionary units, individuals and real entities, higher taxa are not. I argue that drawing the divide between species and higher taxa along such lines has not been successful. Common conceptions of evolutionary units either include or exclude both types of taxa. Most species, like all higher taxa, are not individuals, but historical entities. Furthermore, higher taxa are neither more nor less real than species. None of this implies that there is no (...) distinction between species and higher taxa; the point is that such a distinction is more subtle than many authors have claimed. (shrink)

Some mathematical proofs explain why the theorems they prove hold. This paper identifies several challenges for any counterfactual account of explanation in mathematics (that is, any account according to which an explanatory proof reveals how the explanandum would have been different, had facts in the explanans been different). The paper presumes that countermathematicals can be nontrivial. It argues that nevertheless, a counterfactual account portrays explanatory power as too easy to achieve, does not capture explanatory asymmetry, and fails to specify why (...) certain proofs are explanatory and others are not. Greater informativeness about counterfactual dependence can even yield less explanatory power. (shrink)

Norms have been widely enacted in human and agent societies to regulate individuals’ actions. However, although legislators may have ethics in mind when establishing norms, moral values are only sometimes explicitly considered. This paper advances the state of the art by providing a method for selecting the norms to enact within a society that best aligns with the moral values of such a society. Our approach to aligning norms and values is grounded in the ethics literature. Specifically, from the literature’s (...) study of the relations between norms, actions, and values, we formally define how actions and values relate through the so-called value judgment function and how norms and values relate through the so-called norm promotion function. We show that both functions provide the means to compute value alignment for a set of norms. Moreover, we detail how to cast our decision-making problem as an optimisation problem: finding the norms that maximise value alignment. We also show how to solve our problem using off-the-shelf optimisation tools. Finally, we illustrate our approach with a specific case study on the European Value Study. (shrink)

The expression “République des lettress” is still used today. It appears in most recent dictionaries of the French language, and it even occasionally occurs in ordinary conversation or in the press, a pompous and ironic circumlocution to designate the Parisian literary “milieu.” This archaistic and pejorative survival masks (somewhat similarly to the word “rhetoric”) the attention that researchers are now according to the older meaning of this surviving expression, and to the concept of an international exchange of ideas that it (...) represented for scholars of the Ancien Régime. As proof that this scientific interest is recent, Paul Hazard, in the famous Crise de la conscience européenne (1936), devotes not a single line to the “Republic of Letters,” while in the chapter dealing with Pierre Bayle he cites the “Nouvelles de la République des Lettres” (1684), the learned periodical published in Amsterdam by this erudite Calvinist, apparently without feeling a need to explain a title that seemed self-evident. For the history of ideas, this notion was not a subject for history. It resided outside the field of perception of a discipline that was completely devoted to a sort of chemistry of pure ideas, removed from the literary form that carried them, and a fortiori from institutional circuits, and forms of sociability and dialogue that “invent” and spread them, and even more so from the awareness that “scholars” might have had of the solidarity that united them and of the meaning they might be able to attribute to it. (shrink)

Author Marc James Léger responds to Elias Khoury’s review of his book _Bernie Bros Gone Woke: Class, Identity, Neoliberalism_, which was published in volume 17 of the _International Journal of __Žižek Studies_. While Léger accepts the one mistake in the book that Khoury correctly identifies, he takes issue with nearly everything else in Khoury’s review, which involves fallacies, misquotations, reductive arguments, misdirection and failure to mention anything that would contradict Khoury’s generally false claims. Léger describes the possibility of academic (...) foul play in the context of a public secret directed against him and that he has been struggling against since the late 1990s. (shrink)

“Je doute qu'il y ait un dialogue de la chenille et du papillon”A. MatrauxThe most ordinary events astonish only those who think about them. What can be more natural than two people talking? They are from the same country, they speak the same language, they understand one another. They have things to say to each other and they say them. Anyone who would try to question such evident truisms would be seen as attempting to be a spinner of paradoxes. And (...) yet…First of all is it as natural as it appears that two people should stop and speak? To an impartial observer of the behavior of one's peers this would not seem to be the case. Most of the people we rub elbows with daily—in the street, in the subway, on a beach, in a hotel or even in the apartment building where we have lived for ten years—are people whom we do not accost and to whom we never speak. In order for people to speak to one another, certain circumstances must exist; there must be a ritual of introduction and a mutual consent that often occurs only after a certain resistance has been overcome. There are important differences to be observed in this respect among different peoples and, within the same nation, among people of different classes. But in every case dialogue is preceded by a preparatory phase of prudent observation, reserve and mistrust during which the partners size one another up and seek to situate themselves in relation to each other. (shrink)

This chapter contains section titled: Introduction The Ontological Nature of Species Taxonomic Pluralism Two Major Schools of Biological Taxonomy The Linnaean Hierarchy References Further Reading.

This chapter contains section titled: Is Biology Like Physics? Laws of Nature: The Standard Picture Why Not Laws of Biology? The Problem of Exceptions Why Not Laws of Biology? The Problem of Accidentalness A Worked Example: The “Area Law” Evolutionary Accidents as Laws of Functional Biology References Further Reading.

En posant la question du sublime et du soi, Marc Richir retrouve certaines questions fondamentales de Hegel, de Schelling et de Fichte, qui le poussent vers ce qui lui paraît comme l'ultime, au-delà duquel il est impossible d'aller sans dogmatisme : l'écart différentiel et la vibration instantanée. Expressions hautement paradoxales, qui amènent à une réévaluation de la phénoménologie husserlienne jusqu'à une relecture nouvelle de la philosophie classique, en passant par une épochè hyperbolique de la pensée heideggerienne - la mise (...) hors circuit de toute " légende " ontologique ou " méta-ontologique ". Tout cela, qui ne pouvait faire l'objet d'un ouvrage systématique, ne pouvait s'énoncer, à ses risques et périls, que sous la forme de " propositions " de dimension variable, vagabondant dans une problématique passablement complexe, au fil de son inspiration, allant pour ainsi dire de buisson en buisson. (shrink)

Our model integrates the nativist assumption of prespecified neural structures underpinning basic emotions with the constructionist view that emotions are assembled from psychological constituents. From a dynamic systems perspective, the nervous system self-organizes in different ways at different time scales, in relation to functions served by emotions. At the evolutionary scale, brain parts and their connections are specified by selective pressures. At the scale of development, connectivity is revised through synaptic shaping. At the scale of real time, temporary networks of (...) synchronized activity mediate responses to situations. To the degree that humans share common emotional functions, neural structuration is similar across scales, giving rise to “basic” emotions. However, unique developmental and situational factors select for neural configurations mediating emotional variants. (shrink)

Marc Richir est l'un des phénoménologues les plus importants de sa génération. Ces conversations avec Sacha Carlson sont d'abord l'occasion de revenir sur son itinéraire philosophique et intellectuel. Il s'y explique pour la première fois sur sa formation et sur les sources initiales de sa pensée, de celles qui ont éveillé son mouvement. Au fil de la discussion, il reprend en outre les thèmes principaux de son oeuvre, à savoir le phénomène comme rien que phénomène, le simulacre, l'épochè phénoménologique (...) hyperbolique, le sublime, l'affectivité, l'architectonique, l'institution symbolique, etc. Sans sacrifier à la vulgarisation, mais en restant fidèle à l'exigence du dialogue philosophique qui invite à étayer le propos sur des exemples concrets, ces conversations ouvrent non seulement sur une retraversée de l'oeuvre et de ses moments fondamentaux, mais aussi sur une méditation, dans le présent de la parole échangée, où le phénoménologue s'explique sur son rapport avec d'autres champs de recherche, comme l'anthropologie, la psychanalyse, les mathématiques, la physique, l'art, le politique et l'histoire. (shrink)

Marc Hauser puts forth the theory that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

Le présent livre part d'une idée polémique et critique : la philosophie est encore aujourd'hui dominée et commandée par la théologie et la religion. Cette domination prend la vie pour sujet et la mort comme alliée et s'appuie sur une transcendance, une instance qui vient à la verticale de la vie. Cette domination structure la philosophie politique et donne forme à l'idéologie des Partis et des États qui mettent la vie et la mort en jeu et qui subordonnent la vie (...) démocratique à une politique religieuse ou à une religion politique. Il faut alors relire les philosophes de la modernité, ceux qui s'inscrivent dans l'horizon de la fin de la religion et cherchent à interrompre l'absolu théologique - Nietzsche, Benjamin, Freud, Heidegger, et au-delà de la modernité Derrida et Ameisen - pour analyser comment ceux-ci résistent au pouvoir théologique et religieux à travers leur écriture : s'inspirer de leur résistance d'écriture pour inventer une tout autre pensée de la vie. La tâche qui se dessine ici est la suivante : revenir aux philosophes et aux penseurs qui se sont exposés de manière critique à la limite de la théologie et de la religion, dénouer le lien du théologique et du politique sans faire de la politique la religion du présent, autrement dit libérer la pensée et la possibilité d'une vie démocratique à venir, chercher dans les textes de la modernité et dans certaines strates imaginaires de la Bible la possibilité d'une vie sans appui : sans fondement théologico-religieux, suspendue à elle-même comme à sa propre liberté"--Page 4 of cover. (shrink)

Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's 'all over', Hertogh (...) shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory. (shrink)

S'appuyant sur l'étude des spécificités du monde numérique et des mécanismes cognitifs, l'auteur propose une méthode originale de formation à l'esprit critique, basée sur la métacognition. Il présente des exemples concrets de pédagogie directement applicables en milieu scolaire.

This paper examines the exercise of individual or group rights within the game form approach. It focuses in particular on what it means for a strategy or action to be feasible and admissible. Admissibility is best discussed in relation to two basic distinctions among rights, passive and active rights on the one hand and negative and positive rights on the other. It is argued that while there are quite a few cases in which the outcomes of mutual rights exercising are (...) to the fore, there are many situations where the uninhibited exercise of individual or group rights and not particular outcomes are what society is primarily interested in. (shrink)

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended (...) in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice. (shrink)

Models of cognitive vulnerability claim that depressive symptoms arise as a result of an interaction between negative affect and cognitive reactions, in the form of dysfunctional attitudes and negative inferential style. We present a model that complements this approach by focusing on the appraisal processes that elicit and differentiate everyday episodes of emotional experience, arguing that individual differences in appraisal patterns can foster negative emotional experiences related to depression. In particular, dispositional appraisal biases facilitating the elicitation of these emotions more (...) frequently and more intensely. This, in turn, is likely to have a negative influence on cognitive processing and emotion regulation in general. (shrink)

Inspired by Gaertner and Xu (2006), this paper examines the possibility to construct a social ordering over distributions of capability sets, and a measure of the value of individual capability sets, such that perfect equality of sets, across individuals, is preferable to a simple equality of the value of sets. It is shown that this is a rather demanding requirement.

"The Film Theory Reader brings together a range of key theoretical texts, organized thematically to emphasise the development of specific critical concepts and theoretical models in the field of film theory.

“Biography” is a sober, precise and modern word. Like other words formed from a Greek root, it has a competent and knowing air. It makes a good appearance in the summary of reviews, on the platform at conferences, between “biology” and “bibliography,” between “necrology” and “radiography,” in that scientific elite of the lexicon that travels in “business” class from one language to another, always at home in the time belts, hotel lobbies, conference rooms or amphitheaters. Compared with this prosperity, the (...) word “Life” is old-fashioned, a poor relative doomed to retirement homes. In the period between the two wars it disappeared from bookstore windows and book jackets. The hesitations of André Maurois, the author of Aspects de la biographie (1928), are characteristic of a transition: he wavered between La Vie de Disraeli (1927), Ariel ou la vie de Shelley (1923), Prométhée ou la vie de Balzac (1965) and Byron (1930). We sense that the title Vie was on the way out or had to yield to a proper name or an allegorical figure. However, it was a word in good standing, nobly Latin in origin, as great a signore in its class as those Massimi or Colonna who claimed their ancestors were mentioned by Titus Livy. Its genealogy is still more ancient, if we recall that its metonymic and literary meaning in Latin is a translation of the Greek word Bios, which the Hellenes, inventors of the genre and who had a more pedantic use of their language than we do, were content to use up until the end. “Biography,” according to Liddell-Scott, is not found in Antiquity except in a very late neo-Platonian, Damaskios, who put this humorless escogriffe into circulation when twilight was descending on the Roman Empire, between the 5th and 6th centuries A.D., at the dawn of the Middle Ages. It made its entrance into modern languages in the last quarter of the 17th century, when the humanism of the Renaissance was coming to an end, and the Enlightenment was beginning its rise. This late and ill-boding word began a slow ascension, long delayed: it did not come into usage outside the circles of antiquarians until the 19th century. The old word “Life” proudly kept its importance until the ‘20s of our era in the particularly conservative language of titles of works. Its definitive effacement to the profit of “biography” brought that of the word “memoirs” or the word “confessions,” which yielded to “autobiography,” while “hagiography” without being able to impose itself so well in usage, took much gravity and credibility away from the “Lives of the Saints.”. (shrink)

Building on earlier work on the relationship between corporate social performance (CSP) and a firm’s financial performance, this integrative empirical study supports the theoretical argument that the higher a firm’s CSP the lower its financial risk. Specifically, the relationship between CSP and risk appears to be one of reciprocal causality, because prior CSP is negatively related to subsequent financial risk, and prior financial risk is negatively related to subsequent CSP. Additionally, CSP is more strongly correlated with measures of market risk (...) than measures of accounting risk. Of all CSP measures, reputation for social responsibility appears to be the most important one in terms of its risk implications. (shrink)

L’ouvrage qu’on va lire se veut être une fondation transcendantale des logiques développementales (essentiellement celle de Lesniewski). Une telle démarche n’a jamais été tentée. Pour ce faire, il a fallu remonter aux sources immanentes de la Critique de la Raison Pure et de son architectonique. L’auteur a ainsi produit une apparence ontologique correspondant à l’ontologie du logicien polonais. Pour saisir la portée des définitions de la vérité et de l’objet, Marc Peeters convoque quatre concepts : la discrépance, le simulacre, (...) la reprise et l’historicité transcendantale. Ces concepts et les principes qui les régissent servent à repenser la logique chez Kant et à poser la question renouvelée, historique et logique, de la métaphysique. (shrink)

This article takes stock of the regularity theory of causation. It considers three challenges to the theory: the problem of joint effects, the problems of redundant causation, and omission‐involving causation. The former is often cited as a special, and especially challenging, problem for regularity theories. But the force of this problem has been greatly overstated. The threat to regularity theories instead comes from the latter two.

This book presents the case for Compassionate Reasoning as a moral and psychosocial skill for the positive transformation of individuals and societies. It has been developed from a reservoir of moral philosophical, cultural, and religious wisdom traditions over the centuries. These have been derived from a careful combination of classical schools of ethical thought that are artfully combined with compassion neuroscience, contemporary approaches to conflict resolution, public health methodologies, and positive psychological approaches to social change. There is an urgent need (...) for human civilization to invest in the broad-based cultivation of compassionate thoughts, feelings, and especially habits. This skill is then combined with moral reasoning to move the self and others toward less anger and fear, more joy and care in the pursuit of reasonable policies that build peaceful families, communities, and societies. There are many people across the planet who work every day for the sake of others but who are ensconced in exhausting work with dangerous and difficult situations of conflict. These people are often heroic bridge-builders and creators of peaceful societies, and they have a common set of cultivated moral character traits and psychosocial skills. They tend to be kinder, more reasonable, more self-controlled, and more goal-oriented to peace. They are united by a particular set of moral values and the emotional skills to put those values into practice. The aim of this book is to articulate the best combination of those values and skills that lead to personal and communal sustainability, not burnout and self-destruction. The book pivots on the observable difference in the mind-and proven in neuroscience imaging experiments-between destructive empathic distress, on the one hand, and, on the other, joyful, constructive, compassionate care. Facing existential threats to life on the planet, humans can and must make such skills universally sustainable and ingrained. (shrink)