Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which (...) linguistic practice--the use of forms of legal argument--holds the key to legal meaning. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues (...) that lawyers use forms of argument to show the truth of propositions of law. Additionally, Patterson argues that the realism/anti-realism debate in jurisprudence is part of a larger argument over the role of postmodernism in jurisprudence. For this, Patterson offers an analytic account of postmodernism and charts its implications for legal theory. This book will be of interest to those in legal theory, philosophy, social and political theory, and ethics. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

In this commentary, we focus on four points. First, we discuss the assertion that the unitary model explains dissociations that implicate multiple systems. Second, the distinct nature of information utilized in immediate- and delayed-recall supports the distinct memory systems view. Third, the variable nature of capacity limits corroborates this view. Finally, we review event-related fMRI results that suggest support for multiple systems.

Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse appears to rely. Second, we (...) present an alternative account to explain the link between mental states, reasons, and actions. We argue that the alternative account avoids the conceptual problems that arise for Morse’s conception of mental causation and that it also undergirds ascriptions of legal responsibility. If the alternative succeeds, then Morse’s conception of “mental state causation” is not necessary to support legal responsibility. (shrink)

The most prevalent approach to understanding recreation experiences in resource management has been a motivational research program that views satisfaction as an appropriate indicator of experience quality. This research explores a different approach to studying the quality of recreation experiences. Rather than viewing recreation experiences as a linear sequence of events beginning with expectations and ending with outcomes that are then cognitively compared to determine experience quality, this alternative approach views recreation as an emergent experience motivated by the not very (...) well-defined goal of acquiring stories that ultimately enrich one's life. Further, it assumes that the nature of human experience is best characterized by situated freedom in which the environment sets boundaries that constrain the nature of the experience, but that within those boundaries recreationists are free to experience the world in unique and variable ways. Therefore this alternative approach seeks a more context specific description of the setting/experience relationship that is intended to complement more general management frameworks (e.g., the Recreation Opportunity Spectrum) developed in conjunction with the motivational research program. (shrink)

This book critically reviews all principal contributions to the American animal rights debate by activists, campaigners, academics, and lawyers, while placing animal rights in context with other related and competing movements.

Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of (...) the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and new natural law theory. In Part II, the authors present a variety of cases that allow students to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory. (shrink)

At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...) views and further clarify our positions with discussions of the conceptual-empirical distinction, rule-following, explanations at the personal and subpersonal levels, memory, and lie detection. Although we acknowledge many of the criticisms advanced by our distinguished colleagues, we conclude that, in several important respects, their criticisms confirm the points made in our original article. (shrink)

Formalised knowledge systems, including universities and research institutes, are important for contemporary societies. They are, however, also arguably failing humanity when their impact is measured against the level of progress being made in stimulating the societal changes needed to address challenges like climate change. In this research we used a novel futures-oriented and participatory approach that asked what future envisioned knowledge systems might need to look like and how we might get there. Findings suggest that envisioned future systems will need (...) to be much more collaborative, open, diverse, egalitarian, and able to work with values and systemic issues. They will also need to go beyond producing knowledge about our world to generating wisdom about how to act within it. To get to envisioned systems we will need to rapidly scale methodological innovations, connect innovators, and creatively accelerate learning about working with intractable challenges. We will also need to create new funding schemes, a global knowledge commons, and challenge deeply held assumptions. To genuinely be a creative force in supporting longevity of human and non-human life on our planet, the shift in knowledge systems will probably need to be at the scale of the enlightenment and speed of the scientific and technological revolution accompanying the second World War. This will require bold and strategic action from governments, scientists, civic society and sustained transformational intent. (shrink)

We estimate that 208,000 deep brain stimulation (DBS) devices have been implanted to address neurological and neuropsychiatric disorders worldwide. DBS Think Tank presenters pooled data and determined that DBS expanded in its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. The DBS Think Tank was founded in 2012 providing a space where clinicians, engineers, researchers from industry and academia discuss current and emerging DBS technologies and logistical and ethical issues facing the field. (...) The emphasis is on cutting edge research and collaboration aimed to advance the DBS field. The Eighth Annual DBS Think Tank was held virtually on September 1 and 2, 2020 (Zoom Video Communications) due to restrictions related to the COVID-19 pandemic. The meeting focused on advances in: (1) optogenetics as a tool for comprehending neurobiology of diseases and on optogenetically-inspired DBS, (2) cutting edge of emerging DBS technologies, (3) ethical issues affecting DBS research and access to care, (4) neuromodulatory approaches for depression, (5) advancing novel hardware, software and imaging methodologies, (6) use of neurophysiological signals in adaptive neurostimulation, and (7) use of more advanced technologies to improve DBS clinical outcomes. There were 178 attendees who participated in a DBS Think Tank survey, which revealed the expansion of DBS into several indications such as obesity, post-traumatic stress disorder, addiction and Alzheimer’s disease. This proceedings summarizes the advances discussed at the Eighth Annual DBS Think Tank. (shrink)

“Racial capitalism” has surfaced during the past few decades in projects that highlight the production of difference in tandem with the production of capital—usually through violence. Scholars in this tradition typically draw their inspiration—and framework—from Cedric Robinson’s influential 1983 text, Black Marxism: The Making of the Black Radical Tradition. This article uses the work of Orlando Patterson to highlight some limits of “racial capitalism” as a theoretical project. First, the “racial capitalism” literature rarely clarifies what scholars mean by “race” (...) or “capitalism.” Second, some scholars using this conceptual language treat black subjectivity as a debilitated condition. An alleged byproduct of the Transatlantic slave trade, this debilitated form of black subjectivity derives from an African American exceptionalism that treats slavery as a form of abject status particular to capitalism without providing adequate theoretical justification or historical explanation. By contrast, we demonstrate how Patterson’s insights about property, status, and capital offer an analysis of slavery more attentive to race, gender, sexuality, age, and ability. We close by using the “forensics of capital” to explore the notions of causality and protocols for determining who owes what to whom implicit in Patterson’s concept of “social death.”. (shrink)

A number of non-equivalent definitions of slavery have been offered by historians, sociologists, bodies of international governance, and legal scholars. None is clearly adequate. Here I review extant definitions of slavery found in or suggested by Lovejoy, Patterson, Honoré, Bales, Ingram, and the League of Nations 1926 Slavery Convention, and argue that each is subject to counterexample. I then attempt to formulate and defend a more adequate definition, one focusing on consent, control, and the intentions of the slaveholder, and (...) relevant for the present as well as the past. (shrink)

The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, and a senior analyst at (...) the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Contributors include Mark Woods, Eric Patterson, Harry van der Linden, John Lango, Frederik Kaufman, Pauline Kaurin, Reuben Brigety II, Rachel Stohl, Michael Brough, Whitley Kaufman, Jordy Rocheleau, Hartley Spatt, and Robert Hoag. (shrink)

This article uses Michael Rothberg’s Multidirectional Memory: Remembering the Holocaust in the Age of Decolonization to question whether or not Charles Patterson is justified in his comparison of the Holocaust with animal cruelty in Eternal Treblinka: Our Treatment of Animals and the Holocaust. It considers whether the comparison adheres to a competitive model of ethics or a multidirectional model.

Our aim in this paper is to present the distinct ways in which Wolff, Baumgarten, and Kant understand the relationship between necessitation, constraint, and reluctant action in an effort to illustrate the subtle ways in which their conceptions of obligation differ from each another. Whereas Wolff conceives of natural or moral obligation as incompatible with constraint, Baumgarten holds that constraint and reluctant action are, in some instances, compatible with natural obligation. Kant departs from Baumgarten by conceiving of obligation as necessarily (...) involving constraint: as Kant’s reply to Schiller’s famous objection reveals, obligation must take on the character of constraint to reluctant action on account of the fact that human beings possess inclinations that always threaten to impel them in directions that oppose morality. (shrink)

According to the received account of guilt in the philosophical literature, one cannot feel guilt unless one takes oneself to have done something morally wrong. But ordinary people feel guilt in many cases in which they do not take themselves to have done anything morally wrong. In this paper, I focus on one kind of guilt without perceived wrongdoing, guilt about being merely causally responsible for a bad state-of-affairs. I go on to present a novel account of guilt that explains (...) guilt about mere causal responsibility, according to which guilt represents part of the self as bound up with what is bad. (shrink)

Michael Pardo and Dennis Patterson have recently put forward several provocative and stimulating criticisms that strike at the heart of much work that has been done at the crossroads of neuroscience and the law. My goal in this essay is to argue that their criticisms of the nascent but growing field of neurolaw are ultimately based on questionable assumptions concerning the nature of the ever evolving relationship between scientific discovery and ordinary language. For while the marriage between ordinary (...) language and scientific discovery is admittedly not always a happy one, it is an awkward union that nevertheless seems to work itself out with the passage of time. In the following pages, I will try to show that Pardo and Patterson’s primary argumentative strategy ultimately depends on basic assumptions concerning the fixity of language that we should reject. (shrink)

EBONY PATTERSON, RUBEN MARTINEZ, LAURENT CRENSHAW, KARLA R. WILLIAMS, LARRY BROWN, TIFFANY HALL, KRISTEN M.J. HARRIS, MICHAEL SMITH, KHYLA CRAINE, NYAH CARMICHAEL, SHANNA DUBOSE, EBONY DAVIS, NICOLE BREWER, KARLA HARLIN, BRIAN HARRIS, KATRINA GIPSON, CANDICE B.N. REYNOLDS.

Telling a patient that the outcome of his illness is not good, or even hopeless, requires sensitivity and the ability to communicate with him in the setting of a hospital which is an unnatural environment divorced from family and friends. It is a task which must be taught and learned by doctors and nurses.

Concepts and Cases in Nursing Ethics is an introduction to contemporary ethical issues in health care, designed especially for Canadian audiences. The book is organized around six key concepts: beneficence, autonomy, truth-telling, confidentiality, justice, and integrity. Each of these concepts is explained and discussed with reference to professional and legal norms. The discussion is then supplemented by case studies that exemplify the relevant concepts and show how each applies in health care and nursing practice. This new fourth edition includes an (...) added chapter on end-of-life issues, and it is revised throughout to reflect the latest developments on topics such as global health ethics, cultural competence, social media, and palliative sedation. (shrink)

An Essay on Human Action seeks to provide a comprehensive, detailed, enlightening, and (in its detail) original account of human action. This account presupposes a theory of events as abstract, proposition-like entities, a theory which is given in the first chapter of the book. The core-issues of action-theory are then treated: what acting in general is (a version of the traditional volitional theory is proposed and defended); how actions are to be individuated; how long actions last; what acting intentionally is; (...) what doing one thing by doing another is; what basic action is; and what omitting to do something is. Attention is also given to the concepts of causation, intention, volition, deciding, choosing, and trying. Finally, a libertarian account of free action is tentatively proposed and defended. (shrink)

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

What is the relation between small-scale collaborative plans and the execution of those plans within interactive contexts? I argue here that joint attention has a key role in explaining how shared plans and shared intentions are executed in interactive contexts. Within singular action, attention plays the functional role of enabling intentional action to be guided by a prior intention. Within interactive joint action, it is joint attention, I argue, that plays a similar functional role of enabling the agents to act (...) in a collaborative way such that their actions are rationally guided by a prior shared intention. This understanding of joint attention – as having a key functional role of enabling the rational guidance of joint intentional action by a prior shared intention – allows for an alternative understanding of the kind of minimal cooperation that infants can engage in. On this understanding, infants’ capacity to engage in joint actions is already an incipient capacity to engage in rational and intentional joint actions, albeit a capacity that is necessarily scaffolded by an adult rational co-partner. (shrink)

Nature and civilisation -- Climate and the forms of the atmosphere -- Surface and the forms of the land -- Living forms -- The forms of metabolism -- Humans - anatomical and cultural forms -- City forms -- The forms of information, energy and ecology -- Emergence.

We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism about Weakness of Will’, the (...) idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

Excerpt from Die Ethik des Aristoteles: In Ihrer Systematischen Einheit und in Ihrer Geschichtlichen Stellung Untersucht 1. Die Tapferkeit. Keine systematische Anordnung der Tugenden Die sittliche Gesinnung als Motiv der Tapferkeit - die Tapferkeit als richtiges Masshalten. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing (...) imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.". (shrink)

Concepts and Cases in Nursing Ethics maps the ethical landscape of contemporary nursing. The book is the product of a collaboration between philosopher-ethicist Michael Yeo, nurse-ethicist Anne Moorhouse, and six representatives of various areas of professional nursing. It thus combines philosophical and ethical analysis with nursing knowledge and experience in a manner that is both understandable and relevant. The book is organized around six main concepts in nursing ethics: beneficence, autonomy, confidentiality, truth-telling, justice, and integrity. A chapter is devoted (...) to the elucidation of each of these concepts. In each chapter, historical background and conceptual analysis are supplemented by case studies that exemplify issues and show how the concept applies in nursing practice. In this new edition, the materials in each chapter have been updated to reflect recent developments in nursing and more generally in health care. In addition, a totally new chapter on ethical theory has been added. Complete with bibliographies and study questions for further analysis of cases, this book is ideally suited for textbook use. It will help both practitioners and students to deal better with the clinical problems and issues that are encountered in the field. However, it's simple prose and clear exposition of complex issues will make Concepts and Cases in Nursing Ethics attractive to anyone concerned about health care. (shrink)

Using William Shakespeare’s Hamlet and the play-within-the play, The Murder of Gonzago, as a case study, this essay argues that theatrical utterances constitute a special case of language usage not previously elucidated: the utterance of a statement with propositional content in theatre functions as an event. In short, the propositional content of a particular p (e.g. p1, p2, p3 …), whether or not it is true, is only understood—and understood to be true—if p1 is uttered in a particular time, place, (...) and situation (i.e. during a theatrical event); otherwise, the propositional content in those theatrical utterances can either be false or contingently true. (shrink)

Als Philosoph, Literat, Prediger und Pädagoge gehört Herder zu den bedeutendsten Vertretern der Weimarer Klassik. Diese aktuelle und kenntnisreiche Biografie bringt Leben und Werk Herders einem breiteren Publikum nahe.

Michael Dummett's three John Dewey Lectures--"The Concept of Truth," "Statements About the Past," and "The Metaphysics of Time"--were delivered at Columbia University in the spring of 2002. Revised and expanded, the lectures are presented here along with two new essays by Dummett, "Truth: Deniers and Defenders" and "The Indispensability of the Concept of Truth." In _Truth and the Past,_ Dummett clarifies his current positions on the metaphysical issue of realism and the philosophy of language. He is best known as (...) a proponent of antirealism, which loosely characterizes truth as what we are capable of knowing. The events of the past and statements about them are critical tests of an antirealist position. These essays continue and significantly contribute to Dummett's work. (shrink)

What is the relation between joint attention and common knowledge? On the one hand, the relation seems tight: the easiest and most reliable way of knowing something in common with another is for you and that other to be attentively aware of what you are together experiencing. On the other hand, they couldn’t seem further apart: joint attention is a mere perceptual phenomena that infants are capable of engaging in from nine months of age, whereas common knowledge is a cognitive (...) phenomenon involving (so it seems) complex, overlapping metarepresentational states that require the kind of sophisticated mindreading skills that developmental psychology has shown to be beyond the capabilities of young children. In 'The Shared World: Perceptual Common Knowledge, Demonstrative Communication, and Shared Social Space', Axel Seemann attempts, inter alia, to makensense of this conundrum. (shrink)

_A portion of the revenue from this book’s sales will be donated to Doctors Without Borders to assist the humanitarian work of nurses, doctors, and other health care providers in the fight against COVID-19 and beyond._ _Concepts and Cases in Nursing Ethics_ is an introduction to contemporary ethical issues in health care, designed especially for Canadian audiences. The book is organized around six key concepts: beneficence, autonomy, truth-telling, confidentiality, justice, and integrity. Each of these concepts is explained and discussed with (...) reference to professional and legal norms. The discussion is then supplemented by case studies that exemplify the relevant concepts and show how each applies in health care and nursing practice. This new fourth edition includes an added chapter on end-of-life issues, and it is revised throughout to reflect the latest developments on topics such as global health ethics, cultural competence, social media, and palliative sedation, as well as ethical issues relating to COVID-19. (shrink)