This article presents an overview for clinician investigators on the concepts of decision-making capacity and vulnerability as related to human subjects research. Tools for capacity assessment and unacknowledged sources of vulnerability are discussed, and the practical gaps in current informed consent requirements related to impaired capacity and potential vulnerability are described. Options are suggested for research discussions when full regulatory consent is not possible and an exception from informed consent does not apply.

The ethical concept of Informed Consent provides individuals with the right and the opportunity to approve of events that will occur regarding his or her own person. In medicine, informed consent is obtained for treatment and for research participation. However, under some circumstances, prospective informed consent cannot be obtained because of the devastating clinical condition of the patient. In emergency circumstances, treatment is never withheld if obtaining informed consent from a critically ill person is not possible or if a delay (...) while seeking surrogates would further endanger life. In emergency research circumstances, waiving informed consent for study participation is fraught with additional ethical considerations. This article will review a presentation given at the June 2, 2006 conference entitled “The Ethics of Research in Emergency Medicine”. (shrink)

This book addresses central issues in the philosophy and metaphysics of science, namely the nature of scientific theories, their partial truth, and the necessity of scientific laws within a moderate realist and empiricist perspective. Accordingly, good arguments in favour of the existence of unobservable entities postulated by our best theories, such as electrons, must be inductively grounded on perceptual experience and not their explanatory power as most defenders of scientific realism claim. Similarly, belief in the reality of dispositions such as (...) causal powers which ground the natural necessity of scientific laws must be based on experience. Hence, this book offers a synthetic presentation of an original metaphysics of science, namely a metaphysics of properties, both categorical and dispositional, while at the same time opposing strong versions of necessitarism according to which laws are true in all possible worlds. The main theses and arguments are clearly presented in a non-technical way. Thus, on top of being of interest to the specialists of the topics discussed, it is also useful as a textbook in courses for third year and more advanced university students. (shrink)

"Next to Sartre's Search for a Method and in direct opposition to it, Foucault's work is the most noteworthy effort at a theory of history in the last 50 years." -- Library Journal.

Two experiments investigated whether infants represent goal‐directed actions of others in a way that allows them to draw inferences to unobserved states of affairs (such as unseen goal states or occluded obstacles). We measured looking times to assess violation of infants' expectations upon perceiving either a change in the actions of computer‐animated figures or in the context of such actions. The first experiment tested whether infants would attribute a goal to an action that they had not seen completed. The second (...) experiment tested whether infants would infer from an observed action the presence of an occluded object that functions as an obstacle. The looking time patterns of 12‐month‐olds indicated that they were able to make both types of inferences, while 9‐month‐olds failed in both tasks. These results demonstrate that, by the end of the first year of life, infants use the principle of rational action not only for the interpretation and prediction of goal‐directed actions, but also for making productive inferences about unseen aspects of their context. We discuss the underlying mechanisms that may be involved in the developmental change from 9 to 12 months of age in the ability to infer hypothetical (unseen) states of affairs in teleological action representations. (shrink)

Richard Feldman’s well-known principle about disagreement and evidence – usually encapsulated in the slogan, ‘evidence of evidence is evidence’, (EEE) – invites the question, what should a rational believer do when faced by such evidence, especially when the disagreement is with an epistemic peer? The question has been the subject of much controversy. However, it has been recently suggested both that the principle is subject to counterexamples and that it is trivial. If either is the case, the question of what (...) to do in the face of evidence of evi- dence becomes less pressing. We contend that even if one or the other of these suggestions is right about (EEE) as a general principle about evidence, they leave it untouched insofar as it plays a role in the debates about the rational way to respond to disagreement and, in particular, to disagreement by an epistemic peer. This is because in such cases the evidence about which one has evidence and which is supposed to provide evidence against one's belief is the mere fact of someone’s disagreeing, rather than something that is related to the content of the proposition about which the parties disagree. We go on to argue that, so understood, the principle is false. (shrink)

La contribution de Michel Troper à la théorie générale du droit et à la théorie constitutionnelle est aujourd'hui reconnue et célébrée un peu partout dans le monde. Un talent d'architecte se tient à l'origine de cette audience rarement égalée dans la sphère francophone : celui qu'il faut pour accommoder toutes les exigences, quel que soit l'ordre de valeur dans lequel on les trouve : originalité, rigueur, souci de la fonction, esthétisme, solidité, adaptation, intelligence, inquiétude, esprit critique, renoncement, réalisme... A ces (...) mérites, on ajoutera une curiosité insatiable, un goût prononcé pour l'échange et le débat, un refus distingué de l'académisme, un sens exigeant de l'amitié et une méfiance profônde pour les adjectifs... C'est cet édifice de qualités que les élèves, collègues et amis de Michel Troper sont heureux de célébrer en lui offrant ces Mélanges. (shrink)

This paper examines two influential theoretical frameworks, set forth by Russell Barkley (1997) and Thomas Brown (2005), and argues that important headway in understanding attention deficit hyperactivity disorder can be made if we acknowledge the way in which human cognition and action are essentially embodied and enactive. The way in which we actively make sense of the world is structured by our bodily dynamics and our sensorimotor engagement with our surroundings. These bodily dynamics are linked to an individual's concerns and (...) felt needs, so that what she attends to in perception, decision-making, and action is partially constituted by her cares and concerns. What I call ?affective framing? engages the whole living body, and ordinarily contributes to attentional focusing, working memory, goal-formulation, and action-monitoring. However, due to affective framing deficits, subjects with ADHD find it difficult to focus their attention, kindle their motivation, and systematically simplify cognitive procedures according to considerations of relevance, salience, and context. Thus, what is impaired in ADHD is not simply a set of executive brain functions, but rather a range of bodily dynamics through which subjects engage with their world. For this reason, intensive behavioral intervention that engages the whole living body may be the most effective, lasting treatment for ADHD. (shrink)

The second volume in an unprecedented publishing event: the complete College de France lectures of one of the most influential thinkers of the last century Michel Foucault remains among the towering intellectual figures of postmodern philosophy. His works on sexuality, madness, the prison, and medicine are classics his example continues to challenge and inspire. From 1971 until his death in 1984, Foucault gave public lectures at the world-famous College de France. These lectures were seminal events. Attended by thousands, they created (...) benchmarks for contemporary critical inquiry. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorizing individuals who "resemble their crime before they commit it." Building on the themes of societal self-defense in the first volume of this series, Foucault shows how and why defining "abnormality" and "normality" were prerogatives of power in the nineteenth century, shaping the institutions--from the prison system to the family--meant to deal in particular with “monstrosity,” whether sexual, phsyical, or spiritual. The College de France lectures add immeasurably to our appreciation of Foucault's thought, and offer a unique window on his singular worldview. (shrink)

In Biro and Siegel we argued that a theory of argumentation mustfully engage the normativity of judgments about arguments, and we developedsuch a theory. In this paper we further develop and defend our theory.

In this paper we defend a particular version of the epistemic approach to argumentation. We advance some general considerations in favor of the approach and then examine the ways in which different versions of it play out with respect to the theory of fallacies, which we see as central to an understanding of argumentation. Epistemic theories divide into objective and subjective versions. We argue in favor of the objective version, showing that it provides a better account than its subjectivist rival (...) of the central fallacy of begging the question. We suggest that the strengths of the objective epistemic theory of fallacies provide support for the epistemic approach to argumentation more generally. (shrink)

An examination of the relation between war and politics, by one of the twentieth century’s most influential thinkers From 1971 until 1984 at the College de France, Michel Foucault gave a series of lectures ranging freely and conversationally over the range of his research. In Society Must Be Defended , Foucault deals with the emergence in the early seventeenth century of a new understanding of war as the permanent basis of all institutions of power, a hidden presence within society that (...) could be deciphered by an historical analysis. Tracing this development, Foucault outlines the genealogy of power and knowledge that had become his dominant concern. (shrink)

Whether the prefrontal cortex is part of the neural substrates of consciousness is currently debated. Against prefrontal theories of consciousness, many have argued that neural activity in the prefrontal cortex does not correlate with consciousness but with subjective reports. We defend prefrontal theories of consciousness against this argument. We surmise that the requirement for reports is not a satisfying explanation of the difference in neural activity between conscious and unconscious trials, and that prefrontal theories of consciousness come out of this (...) debate unscathed. (shrink)

A Political Economy of Power is a comprehensive and contextualized account of ordoliberalism in English. It eliminates a long-standing deficit in the historiography of economics. The book has five...

Dying serves so often within the narratives of Western popular culture, as an exercise in self-improvement both to the individual dying and to those looking on. It enlightens, ennobles and renders exceptional all those affected by it. Though mainstream cinema's “grammar of dying” is mired in similar myths, film has the potential to do dying differently: it can, instead, connect us, ethically, to the vulnerability of others. The aim of this article is to pursue this potential of film. Using the (...) mainstream grammar of dying as a starting point, I will consider how the moving image, and this ethical potential, is harnessed within two hybrid-media pieces about a loved-one's decline and death: George Saxon's art installation, “A Record of Undying” (2014) and photographer Briony Campbell's short film The Dad Project (2009). While these works will be located within the traditions and transformations of moving image practice, the primary concern here is with how such emotionally resonant pieces navigate our relation to, and responsibility for, our own and others' harsh realities. In this way, the question of ethics is grounded not in the solipsistic circuits of affective modes – whether as the catharsis or betterment of mainstream myths, or what Jane Stadler privileges as the ethical effects of empathy – but in something more inherently, more inevitably, political. (shrink)

Within the Neoplatonic tradition, the absolute transcendence of the First Principle—the One-Good, from which the whole reality in its various articulations derives—plays a crucial role. This philosophical perspective implies, particularly in Plotinus and Proclus, some fundamental philosophical consequences, above all the transcendence of the Principle with respect to being and thought as well. This necessarily implies that the One-Good must be conceived of as beyond the intelligible Beauty itself. In this paper I aim to examine the theoretical implications and consequences (...) of this perspective with specific reference to the conception of God’s absolute transcendence outlined within two texts of the Corpus Areopagiticum, overall characterized by the reworking of some fundamental Neoplatonic concepts in the context of Christian theology: the De divinis nominibus and the De mystica theologia. Indeed, in the De divinis nominibus it is shown that the names/predicates attributed to God in the Sacred Scriptures must be understood only in an allegorical-symbolic meaning, because God is above any possible definition. Not even the character of Beauty can be attributed to him, since he radically transcends it: in fact, God constitutes the absolute foundation and the very first source of Beauty itself. Therefore, God must be understood as ἀκαλλής, that is, “devoid of the connotation of Beauty”, precisely because he completely transcends it. In line with this theological and theoretical perspective, in the De mystica theologia a form of radical and absolute apophatism is developed, which in turn must ultimately lead to its own overcoming for the sake of the henosis, the mystical union with God. (shrink)

A widely held view has it that sometimes there is more than one thing in exactly the same place, as is the case, allegedly, with a clay statue. There is the statue, but there also is a piece of clay—both obviously in the same place yet distinct in virtue of their differing properties, if only modal ones. Those holding this view—pluralists—often describe the relation between such objects as one of constitution, with the piece of clay being said to constitute the (...) statue. In the first part of this paper I consider ways in which the supposed relation of constitution may be understood. I conclude that the only coherent interpretation of ‘x constitutes y’ is one on which it is presupposed that x and y are identical. While this does not, by itself, show that pluralism is false, it is something that should make us suspicious of it. In the second part of the paper I propose a simple way with the temporal and modal facts the pluralist appeals to, showing that they do not force us into accepting his puzzling doctrine. (shrink)

A part of the “return to religion” now evident in European philosophy, this book represents the culmination of the career of a leading phenomenological thinker whose earlier works trace a trajectory from Marx through a genealogy of psychoanalysis that interprets Descartes’s “I think, I am” as “I feel myself thinking, I am.” In this book, Henry does not ask whether Christianity is “true” or “false.” Rather, what is in question here is what Christianity considers as truth, what kind of truth (...) it offers to people, what it endeavors to communicate to them, not as a theoretical and indifferent truth, but as the essential truth that by some mysterious affinity is suitable for them, to the point that it alone is capable of ensuring them salvation. In the process, Henry inevitably argues against the concept of truth that dominates modern thought and determines, in its multiple implications, the world in which we live. Henry argues that Christ undoes “the truth of the world,” that He is an access to the infinity of self-love, to a radical subjectivity that admits no outside, to the immanence of affective life found beyond the despair fatally attached to all objectifying thought. The Kingdom of God accomplishes itself in the here and now through the love of Christ in what Henry calls “the auto-affection of Life.” In this condition, he argues, all problems of lack, ambivalence, and false projection are resolved. (shrink)

First published: 2010; Previous edition: 2012..

Phillips argues that blindsight is due to response criterion artefacts under degraded conscious vision. His view provides alternative explanations for some studies, but may not work well when one considers several key findings in conjunction. Empirically, not all criterion effects are decidedly non-perceptual. Awareness is not completely abolished for some stimuli, in some patients. But in other cases, it was clearly impaired relative to the corresponding visual sensitivity. This relative dissociation is what makes blindsight so important and interesting.

In his influential article ‘Essence and Modality’, Fine proposes a definition of necessity in terms of the primitive essentialist notion ‘true in virtue of the nature of’. Fine’s proposal is suggestive, but it admits of different interpretations, leaving it unsettled what the precise formulation of an Essentialist definition of necessity should be. In this paper, four different versions of the definition are discussed: a singular, a plural reading, and an existential variant of Fine’s original suggestion and an alternative version proposed (...) by Correia which is not based on Fine’s primitive essentialist notion. The first main point of the paper is that the singular reading is untenable. The second that given plausible background assumptions, the remaining three definitions are extensionally equivalent. The third is that, this equivalence notwithstanding, Essentialists should adopt Correia’s version of the definition, since both the existential variant, which has de facto been adopted as the standard version of the definition in the literature, and the plural reading suffer from problems connected to Fine’s primitive essentialist notion. (shrink)

The object of this paper is to argue that the relationship between intentions and meaning has been misconstrued by some influential recent theories of meaning. The theories I have in mind derive from earlier work by H. P. Grice, but have undergone extensive development and modification in the hands of Grice himself,, Stephen Schiffer, Jonathan Bennett and others. There have been, during much the same period, developments of Austin’s work on speech acts in which the same Gricean influence is unmistakable; (...) indeed, such influence has affected interpretations of Austin’s work itself, by such writers as Strawson, Searle, and Vendler. (shrink)

In defending the startling claim that that there are no artifacts, indeed, no inanimate material objects of the familiar sort, Peter van Inwagen has argued that truths about such putative objects can be paraphrased as truths that do not make essential reference to them and that we should endorse only the ontological commitments of the paraphrase. In this note I argue that the paraphrases van Inwagen recommends cannot meet his condition. Read one way, they lose us some truths. Read another, (...) they entail the existence of the very objects they are supposed to rid us of. However, we need not share van Inwagen's distaste for the latter: to say that they exist is not to say that anything exists in addition to the simples composing them. (shrink)

It is widely agreed that fiction is necessarily incomplete, but some recent work postulates the existence of universal fictions—stories according to which everything is true. Building such a story is supposedly straightforward: authors can either assert that everything is true in their story, define a complement function that does the assertoric work for them, or, most compellingly, write a story combining a contradiction with the principle of explosion. The case for universal fictions thus turns on the intuitive priority we assign (...) to the law of non-contradiction. My goal in this paper is to show that our critical and reflective literary practices set constraints on story-telling which preclude universal fictions. I will raise four stumbling blocks for universal fictionalists: the gap between saying and making true, our actual interpretive reactions to story-level contradictions, the criteria we accept for what counts as a story in our literary practices, and the undesirability of the universal fictionalist’s closure principles. (shrink)

The premise that every work belongs to an art-kind has recently inspired a kind-centred approach to theories of art. Kind-centred analyses posit that we should abandon the project of giving a general theory of art and focus instead on giving theories of the arts. The main difficulty, however, is to explain what makes a given kind an art-kind in the first place. Kind-centred theorists have passed this buck on to appreciative practices, but this move proves unsatisfactory. I argue that the (...) root of this dissatisfaction stems not from the act of kicking the can down the road, but from not kicking it far enough. The missing ingredient, I argue, is a notion of convention which does the work of marking the difference between art and non-art for a given physical medium. (shrink)

This collection of previously unpublished essays on Spinoza provides a representative sample of new and interesting research on the philosopher. Spinoza's philosophy still has an underserved reputation for being obscure and incomprehensible. In these chapters, Spinoza is seen mostly as a metaphysician who tried to pave the way for the new science. The essays investigate several themes, notably Spinoza's monism, the nature of the individual, the relation between mind and body, and his place in 17th century philosophy including his relation (...) to Descartes and Leibniz. The top scholars working on Spinoza today are all represented, including John Carriero, Michael Della Rocca, and Don Garrett. (shrink)

Garssen and van Laar in effect concede our main criticism of the pragma-dialectical approach. The criticism is that the conclusions of arguments can be ‘P-D reasonable’ yet patently unreasonable, epistemically speaking. The concession consists in the claim that the theory “remains restricted to the investigation of standpoints in the light of particular sets of starting points” which are “up to individual disputants to create” and the admission that all the relevant terms of normative appraisal have been redefined. We also discuss (...) their criticisms of the epistemic account of argumentation and argument evaluation and raise some new questions about the approach they defend. (shrink)

With the discovery in 1995 of the first planet orbiting another star, we know that planets are not unique to our own Solar System. For centuries, humanity has wondered whether we are alone in the Universe. We are now finally one step closer to knowing the answer. The quest for exoplanets is an exciting one, because it holds the possibility that one day we might find life elsewhere in the Universe, born in the light of another sun. Written from the (...) perspective of one of the pioneers of this scientific adventure, this exciting account describes the development of the modern observing technique that has enabled astronomers to find so many planets orbiting around other stars. It reveals the wealth of new planets that have now been discovered outside our Solar System, and what this means in terms of finding other life in the Universe. (shrink)

ABSTRACT: While we applaud several aspects of Lilian Bermejo-Luque's novel theory of argumentation and especially welcome its epistemological dimensions, in this discussion we raise doubts about her conception of argumentation, her account of argumentative goodness, and her treatments of the notion of “giving reasons” and of justification.RESUMEN: Aunque aprobamos varios aspectos de la nueva teoría de la argumentación propuesta por Lilian Bermejo Luque y, en particular, su dimensión epistemológica, en este debate planteamos algunas dudas sobre su concepción de la argumentación, (...) su análisis de la bondad argumentativa y su tratamiento de la noción de “dar razones” y de justificación. (shrink)

The so–called truthmaker solution to the problem Gettier is thought to have posed for the analysis of knowledge as justified true belief is to add a fourth condition, requiring that one’s evidence for one’s belief be the state of affairs that makes the belief true. Adrian Heathcote argues that the reason why one lacks knowledge in Russell’s case of the stopped clock is that, as in the classic Gettier–style cases, this condition is not satisfied. I argue that the proposed solution (...) fails, as it embodies a misunderstanding of what evidence is. (shrink)