Ce texte vise à proposer quelques arguments pour une critique empiriste de la hiérarchie des normes, c'est-à-dire pour les besoins d'une science du droit descriptive et explicative. La hiérarchie des normes est à la fois objet d’étude scientifique, et théorie construisant cet objet. Une approche empiriste nécessite la formalisation de quelques concepts et une justification minimale de la possibilité d'une science juridique empiriste : ce seront les objets des premiers points de ce texte. Il s'agira ensuite de proposer une formulation (...) de la conception de la hiérarchie des normes à laquelle l’empirisme peut conduire, permettant de réévaluer la théorie (normativiste) de la hiérarchie des normes proposée par Kelsen comme une théorie politique, qui ne décrit pas son objet mais le construit comme contrainte. (shrink)

The rule of rescue describes the powerful human proclivity to rescue identified endangered lives, regardless of cost or risk. Deciding whether or not to perform a decompressive craniectomy as a life-saving or ‘rescue’ procedure for a young person with a severe traumatic brain injury provides a good example of the ethical tensions that occur in these situations. Unfortunately, there comes a point when the primary brain injury is so severe that if the patient survives they are likely to remain severely (...) disabled and fully dependent. The health resource implications of this outcome are significant. By using a web-based outcome prediction model this study compares the long-term outcome and designation of two groups of patients. One group had a very severe injury as adjudged by the model and the other group a less severe injury. At 18 month follow-up there were significant differences in outcome and healthcare requirements. This raises important ethical issues when considering life-saving but non-restorative surgical intervention. The discussion about realistic outcome cannot be dichotomised into simply life or death so that the outcome for the patient must enter the equation. As in other ‘rescue situations’, the utility of the procedure cannot be rationalised on a mere cost–benefit analysis. A compromise has to be reached to determine at what point either the likely outcome would be unacceptable to the person on whom the procedure is being performed or the social utility gained from the rule of rescue intervention fails to justify the utilitarian value and justice of equitable resource allocation. (shrink)

Decompressive craniectomy is a technically straightforward procedure whereby a large section of the cranium is temporarily removed in cases where the intracranial pressure is dangerously high. While its use has been described for a number of conditions, it is increasingly used in the context of severe head injury. As the use of the procedure increases, a significant number of patients may survive a severe head injury who otherwise would have died. Unfortunately some of these patients will be left severely disabled; (...) a condition likened to the RUB, an acronym for the Risk of Unacceptable Badness. Until recently it has been difficult to predict this outcome, however an accurate prediction model has been developed and this has been applied to a large cohort of patients in Western Australia. It is possible to compare the predicted outcome with the observed outcome at 18 months within this cohort. By using predicted and observed outcome data this paper considers the ethical implications in three cases of differing severity of head injury in view of the fact that it is possible to calculate the RUB for each case. (shrink)

Synthetic biologists design and engineer organisms for a better and more sustainable future. While the manifold prospects are encouraging, concerns about the uncertain risks of genome editing affect public opinion as well as local regulations. As a consequence, biosafety and associated concepts, such as the Safe-by-design framework and genetic safeguard technologies, have gained notoriety and occupy a central position in the conversation about genetically modified organisms. Yet, as regulatory interest and academic research in genetic safeguard technologies advance, the implementation in (...) industrial biotechnology, a sector that is already employing engineered microorganisms, lags behind. The main goal of this work is to explore the utilization of genetic safeguard technologies for designing biosafety in industrial biotechnology. Based on our results, we posit that biosafety is a case of a changing value, by means of further specification of how to realize biosafety. Our investigation is inspired by the Value Sensitive Design framework, to investigate scientific and technological choices in their appropriate social context. Our findings discuss stakeholder norms for biosafety, reasonings about genetic safeguards, and how these impact the practice of designing for biosafety. We show that tensions between stakeholders occur at the level of norms, and that prior stakeholder alignment is crucial for value specification to happen in practice. Finally, we elaborate in different reasonings about genetic safeguards for biosafety and conclude that, in absence of a common multi-stakeholder effort, the differences in informal biosafety norms and the disparity in biosafety thinking could end up leading to design requirements for compliance instead of for safety. (shrink)

~Et h i c a l sensitivity is investigated in an illustrative analysis of two female television nezos viewers. Transcripts of structured, in-depth interviews were analyzed according to four critical content dimensions of ethical sensitivity reflecting interviewees' mentions of story characteristics, ethical issues, consequences, and stakeholders. Cognitive maps illustrate the reasoning processes ofthe two viewers, one with relatively high and the other with relatively low ethical sensitivity. This study provides a detailed description of a new application of a research procedure, (...) and gives detailed examples of how subdimensions of ethical sensitivity interact and relate to a person's reasoning processes. The study is a pilot demonstration of a promising methodology and a precursor to more investigations on more viewers, more types of content, and more media. (shrink)

This paper describes a new theory of consciousness based on previous work by C.D. Broad, H.H. Price, Andrei Linde and others. This hypothesis states that the Universe consists of three fundamental entities - space-time, matter and consciousness, each with their own degrees of freedom. The paper pays particular attention to three areas that impact on this theory: the demonstration by neuroscience and psychophysics that we do not perceive the world as it actually is but as the brain computes it most (...) probably to be; the need to delineate between phenomenal space-time and physical space-time. Recent theories in physics that suggest that the Universe has more than three spatial dimensions are relevant here; the role of consciousness in the block Universe described by Special Relativity. The integration of these topics suggests a new physical theory of the nature of consciousness. (shrink)

This paper proposes an experiment-based methodology for both classical genetics and molecular biology by integrating Lindley Darden’s mechanism-centered approach and C. Kenneth Waters’s phenomenon-centered approach. We argue that the methodology basing on experiments offers a satisfactory account of the development of the two biological disciplines. The methodology considers discovery of new mechanisms, investigation of new phenomena, and construction of new theories together, in which experiments play a central role. Experimentation connects the three type of conduct, which work as both ends (...) and means, occurring in a circular way and constituting an overall process of scientific practice from classical genetics to molecular biology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Euthanasia in Utopian LiteratureLyman Tower Sargent (bio)The word euthanasia, meaning a peaceful, gentle, or easy death, has been traced back to Roman times. But the "good" in a good death is obviously open to interpretation. Good for whom? The individual? The family of the individual? The society? And, who decides? The individual? The doctor? The family of the individual? The legal system? These questions are constantly raised throughout the (...) literature with diametrically opposed answers given from the earliest times to the present. And, unfortunately, one word is used for all the positions, with two subcategories, voluntary and involuntary, both of which are perceived as good for someone.Death is universal but whether or not a person should have a choice about when to die or voluntary euthanasia is deeply controversial.1 Inducing such a death, primarily in cases of a painful terminal disease, appears to be largely a nineteenth-century invention while, of course, existing as a concept well before that.2 Also, discussions of voluntary euthanasia raise related issues, suicide, involuntary euthanasia, and how eugenics has determined the criteria for involuntary euthanasia. Also, the fear of someone [End Page 238] being putting to death for the convenience or advantage of the living has been the most prominent issue, and one must wonder if involuntary euthanasia, at least when consent was possible but not given, ever constitutes a "good" death. As simply a peaceful and painless death, the earliest use of the word was by Suetonius in the early first century, where in his life of Augustus he reports Augustus's position on death as that "on hearing that anyone had died swiftly and painlessly, he prayed that he and his might have a like euthanasia, for that was the term he was wont to use."3 In his De Augmentis Scientiarum [Advancement of Learning], Francis Bacon refers to this statement, commenting, "For it is no small fidelity which Augustus Caesar was wont so earnestly to pray for, that same Euthanasia … was not so much like death as like falling into a deep and pleasant sleep." And Bacon continued: "In our times the physicians make a kind of scruple and religion to stay with the patient after he is given up, whereas in my judgment, if they would be wanting in their office, and indeed to humanity, they ought to acquire the skill and to bestow the attention whereby the dying may pass more easily out of life. This part I call the inquiry concerning outward Euthanasia, or the easy dying of the body (to distinguish from that Euthanasia which regards the preparation of the soul)."4The most explicit statement, generally ignored for sixty years, was that made in an 1870 speech to the Birmingham Speculative Club by Samuel D. Williams Jr., about whom little is known. Williams proposed:That in all cases of hopeless and painful illness, it should be the recognized duty of the medical attendant, whenever so desired by the patient, to administer chloroform or such other anæsthetic as may by-and-bye supersede chloroform—as to destroy consciousness at once, and put the sufferer to a quick and painless death; all needful precautions being adopted to prevent any possible abuse of such duty; and means being taken to establish, beyond the possibility of doubt or question, that the remedy was applied at the express wish of the patient.5This was not, though, the usual practice and many doctors saw no need to act. In an 1887 book one doctor contended that "as long as there was proper medical care, there was no need to speed up death to relieve suffering."6 Still, Williams's position is in almost all respects the position taken by advocates [End Page 239] of voluntary euthanasia since then, although it did not get much of an airing again until C. Killick Millard, the Medical Officer of Health of Leicester, gave the Presidential address to the Society of Medical Officers of Health in late 1931. There he said, referring to Bacon, thatthe proposition merely is that individuals, who have attained to years of discretion, and who are suffering from an incurable and fatal disease which usually... (shrink)

Recent findings suggest that medical students’ moral competence decreases throughout medical school. This pilot study gives preliminary insights into the effects of two educational interventions in ethics classes on moral competence among medical students in Munich, Germany. Between 2012 and 2013, medical students were tested using Lind’s Moral Competence Test prior to and after completing different ethics classes. The experimental group participated in principle-based structured case discussions and was compared with a control group with theory-based case discussions. The pre/post (...) C-scores were compared using a Wilcoxon Test, ANOVA and effect-size calculation. The C-score improved by around 3.2 C-points in the EG, and by 0.2 C-points in the CG. The mean C-score difference was not statistically significant for the EG or between the two groups. There was no statistical significance for the teachers’ influence on C-score. In both groups, students with below-average C-scores improved and students with above-average C-scores regressed. The increase of the C-Index was greater in the EG than in the CG. The absolute effect-size of the EG compared with the CG was 3.0 C-points, indicating a relevant effect. Teaching ethics with PBSCDs did not provide a statistically significant influence on students’ moral competence, compared with TBCDs. Yet, the effect size suggests that PBSCDs may improve moral competence among medical students more effectively. Further research with larger and completely randomized samples is needed to gain definite explanations for the results. (shrink)

Dans les sociétés démocratiques, le droit est le texte où s'écrivent nos croyances fondatrices : croyances en une signification de l'être humain, croyances dans la force des lois et l'empire de la justice, croyances dans les valeurs sociales de l'Interdit. Le droit impose donc un sens commun qui permet aux individus de se lier entre eux et de vivre ensemble, il fonctionne aussi comme une vérité du moment. Il se nourrit et accompagne les transformations sociales et culturelles qui touchent non (...) seulement les sociétés nationales, mais également l'espace mondialisé. Le droit enregistre, selon ses propres temporalités, les changements de valeurs, l'émergence de nouvelles inquiétudes, l'évolution des techniques et des connaissances. Depuis quelques années, nous assistons à une "demande" accrue de droit et de régulation juridique. Nous chercherons tout d'abord à repérer et identifier les nouveaux territoires du droit en montrant comment la norme juridique contribue en permanence à réinventer le réel, à fabriquer inlassablement la condition humaine, à se présenter sans cesse comme l'instituteur du social. Ce mouvement de juridicisation du social et du politique se traduit non seulement par une prolifération et une diversification de la règle de droit, mais également par un processus parallèle de judiciarisation qui voit un certain nombre de problèmes être traités par l'institution judiciaire (politiques de santé, de sécurité, phénomènes de criminalité internationale, etc.). Entrons-nous dans un nouvel âge du droit? Ces nouvelles interactions entre la société et le droit inaugurent-elles l'ère d'une future démocratie juridique? C'est à ces questions que cet ouvrage essaie de répondre grâce à des contributions de F. Bellivier, J. Commaille, M. Delmas-Marty, M. Hastings, I. De Lamberterie, S. Leverd, A. Lourdelle, E. Millard, M. Quillé, D. Salas, J-F. Thony. (shrink)

Twitter makes conversation into something like a game. It scores our communication, giving us vivid and quantified feedback, via Likes, Retweets, and Follower counts. But this gamification doesn’t just increase our motivation to communicate; it changes the very nature of the activity. Games are more satisfying than ordinary life precisely because game-goals are simpler, cleaner, and easier to apply. Twitter is thrilling precisely because its goals have been artificially clarified and narrowed. When we buy into Twitter’s gamification, then our values (...) shift from the complex and pluralistic values of communication, to the narrower quest for popularity and virality. Twitter’s gamification bears some resemblance with the phenomena of echo chambers and moral outrage porn. In all these phenomena, we are instrumentalizing our ends for hedonistic reasons. We have shifted our aims in an activity, not because the new aims are more valuable, but in exchange for extra pleasure. (shrink)

This expanded edition of C L Hardin's ground-breaking work on colour features a new chapter, 'Further Thoughts: 1993', in which the author revisits the dispute ...

The notion that our society, its education system and its intellectual life, is characterised by a split between two cultures – the arts or humanities on one hand and the sciences on the other – has a long history. But it was C. P. Snow's Rede lecture of 1959 that brought it to prominence and began a public debate that is still raging in the media today. This fiftieth anniversary printing of The Two Cultures and its successor piece, A Second (...) Look features an introduction by Stefan Collini, charting the history and context of the debate, its implications and its afterlife. The importance of science and technology in policy run largely by non-scientists, the future for education and research, and the problem of fragmentation threatening hopes for a common culture are just some of the subjects discussed. (shrink)

C. Stephen Evans explains and defends Kierkegaard's account of moral obligations as rooted in God's commands, the fundamental command being `You shall love your neighbour as yourself'. The work will be of interest not only to those interested in Kierkegaard, but also to those interested in the relation between ethics and religion, especially questions about whether morality can or must have a religious foundation. As well as providing a comprehensive reading of Kierkegaard as an ethical thinker, Evans puts him into (...) conversation with contemporary moral theorists. Kierkegaard's divine command theory is shown to be an account that safeguards human flourishing, as well as protecting the proper relations between religion and state in a pluralistic society. (shrink)

The notion that our society, its education system and its intellectual life, is characterised by a split between two cultures – the arts or humanities on one hand, and the sciences on the other – has a long history. But it was C. P. Snow's Rede lecture of 1959 that brought it to prominence and began a public debate that is still raging in the media today. This 50th anniversary printing of The Two Cultures and its successor piece, A Second (...) Look features an introduction by Stefan Collini, charting the history and context of the debate, its implications and its afterlife. The importance of science and technology in policy run largely by non-scientists, the future for education and research, and the problem of fragmentation threatening hopes for a common culture are just some of the subjects discussed. (shrink)

One of the very few accounts in English of German idealism, this ambitious work advances and revises our understanding of both the history and the thought of the classical period of German philosophy. As he traces the structure and evolution of idealism as a doctrine, Frederick Beiser exposes a strong objective, or realist, strain running from Kant to Hegel and identifies the crucial role of the early romantics—Hölderlin, Schlegel, and Novalis—as the founders of absolute idealism.

Comenzamos con una cuestión general: ¿puede el arte moderno ser entendido como una vía de salvación como lo señala Schopenhauer?Con el apoyo de varios textos, como los de Arthur C. Danto, Después del fin del arte: El arte contemporáneo y el linde de la historia, se contrastará lo que se considera como arte moderno contextualizándolo a la idea de Arthur Schopenhauer expresada en su libro El mundo como voluntad y representación. Arthur Danto explica y ejemplifica los conceptos moderno, contemporáneo y (...) posmoderno, que se vuelven bastante importantes pues son el apoyo para lograr contrastar el texto de Schopenhauer y saber si el arte moderno puede ser vía de salvación. (shrink)

Is there such a thing as natural knowledge of God? C. Stephen Evans presents the case for understanding theistic arguments as expressions of natural signs in order to gain a new perspective both on their strengths and weaknesses. Three classical, much-discussed theistic arguments - cosmological, teleological, and moral - are examined for the natural signs they embody. At the heart of this book lie several relatively simple ideas. One is that if there is a God of the kind accepted by (...) Christians, Jews, and Muslims, then it is likely that a 'natural' knowledge of God is possible. Another is that this knowledge will have two characteristics: it will be both widely available to humans and yet easy to resist. If these principles are right, a new perspective on many of the classical arguments for God's existence becomes possible. We understand why these arguments have for many people a continued appeal but also why they do not constitute conclusive 'proofs' that settle the debate once and for all. Touching on the interplay between these ideas and contemporary scientific theories about the origins of religious belief, particularly the role of natural selection in predisposing humans to form beliefs in God or gods, Evans concludes that these scientific accounts of religious belief are fully consistent, even supportive, of the truth of religious convictions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Price, the Debate on Free Will, and Natural RightsGregory I. MolivasWhen Richard Price projected metaphysical assumptions onto his ethical theory, he elaborated a conception of man as a normatively self-regulating being. Endowed with rationality, man is a “law unto himself.” Price’s political writings postulated accordingly that man should be his own legislator. The first proposition appeared in his ethics in the context of man’s identification with his higher (...) faculties, and the second in the context of man considered as a member of civil society. Crucial to the transition from the first context to the second was Price’s notion of man’s inward constitution as permeating his conception of practical virtue, a view he expanded in his discussion on free will. This conception was built on a sharp contrast between reason and passion, which he described in terms of a relationship like that of sovereign to subject. The contrast is between those faculties which are destined to command, and those who ought to obey. This analogy facilitated comparison with normative relationships obtaining in civil society, where Price identified subservience to passion with obedience to an external-to-the-“self “ power, which in a political context manifested as the wishes of other people.These successive steps from ethical supposition to political claims, formed a body of assumptions underlying beliefs that were shared by many of his contemporaries. They did not constitute a unified system of principles, and it is vain to seek theoretical consistency in all those who seemed to have espoused ideas similar to those of Price. His assumptions do, however, help to explain why some of his contemporaries found his ideas familiar or self-evident, while to others they were incomprehensible. Nor is it a coincidence that Price’s most able critics happened to be psychological determinists (Richard Hey, John Lind, Edmund Burke), who attacked his conception of political liberty after undermining, or disputing, Price’s conception of man. [End Page 105]I. In the writings of all those who inveighed against the rights of man, the words “natural rights” and “metaphysics” are often found together. Thomas Paine was accused of having “crudely stolen” his “crazy metaphysics” from others, 1 and studies of Edmund Burke have continuously pointed to his dislike of the “professor of metaphysics.” Burke’s aversion to abstract speculation and metaphysics has often been interpreted as the natural reaction of an English politician confronting the generalities of continental writers. Frederick Dreyer, however, argues that when Burke wrote his Reflections, he had in mind Price’s philosophical arguments rather than the events of the French Revolution. 2 According to him, the anonymous “metaphysician” whom Burke so often and so vehemently denounced was, in fact, Richard Price.In substantiating his position Dreyer quotes, among other things, a revealing passage from Burke: “There are people who have split and anatomized the doctrine of free government, as if it were an abstract question concerning metaphysical liberty and necessity, and not a matter of moral prudence and natural feeling.” 3 Although Dreyer does not pursue the full implications of the evidence he presents, this is a remarkable statement, because it indicates what Price had undertaken in his political writings. In his philosophical works Price had defended the idea of metaphysical or philosophical liberty as a precondition of moral agency. In the first and most important theoretical section of his influential Observations on the Nature of Civil Liberty, 4 which set out to analyze the nature of liberty, Price summarized his earlier philosophical views. As William King noted in this section of his political pamphlet Price was “totally out in his philosophy.” 5Price defined liberty as the power of self-government and approached it through its four general divisions: physical liberty, moral, religious, and civil liberty. Commentators on Price have often acknowledged that his conception of liberty, as expounded in his political pamphlet, is indebted to his earlier philosophical work and notably his Review of the Principal Questions in Morals; 6 but they have not followed up with a clear exposition of how the divisions of liberty Price put forward in his Observations are related. [End Page 106]Although J. C. D. Clark claims that... (shrink)

The fact that many modal operators are part of an adjunction is probably folklore since the discovery of adjunctions. On the other hand, the natural idea of a minimal propositional calculus extended with a pair of adjoint operators seems to have been formulated only very recently. This recent research, mainly motivated by applications in computer science, concentrates on technical issues related to the calculi and not on the significance of adjunctions in modal logic. It then seems a worthy enterprise (both (...) for these contemporary topical pursuits and also for historical interest) to trace the concept of adjunction back to the origins of the algebraic semantics of modal logic and to make explicit its ubiquity in this branch of mathematics. (shrink)

C. S. Lewis sets out to persuade his audience of the importance and relevance of universal values such as courage and honor in contemporary society.

Michel Foucault had a great influence upon a wide range of disciplines, and his work has been widely interpreted and is frequently referred to, but it is often difficult for beginners to find their way into the complexities of his thought. This is especially true for readers whose background is Anglo-American or "analytic" philosophy. C. G. Prado argues in this updated introduction that the time is overdue for Anglo-American philosophers to avail themselves of what Foucault offers. In this clear and (...) greatly-revised second edition, Prado focuses on Foucault's "middle" or genealogical work, particularly Discipline and Punish and Volume One of The History of Sexuality, in which Foucault most clearly comes to grips with the historicization of truth and knowledge and the formation of subjectivity. Understanding Foucault's thought on these difficult subjects requires working through much complexity and ambiguity, and Prado's direct and accessible introduction is the ideal place to start. (shrink)

Plato. Aristotle. Augustine. Hume. Kant. Hegel. Every student of philosophy needs to know the history of the philosophical discourse such giants have bequeathed us. Philosopher C. Stephen Evans brings his expertise to this daunting task as he surveys the history of Western philosophy, from the Pre-Socratics to Nietzsche and postmodernism—and every major figure and movement in between.

Emerald Fennell’s debut feature Promising Young Woman (2020) incisively examines sexual assault, misogyny, and the culture of complicity that continues to perpetuate `violence against women. This article will establish Fennell’s aptitude as a filmmaker in condemning the pervasive forces of patriarchal social order in harmony with Kate Manne’s account of structural misogyny analyzed in Down Girl (2017) and Entitled (2020). Fennell’s subversion of genre standards demonstrates how the actions of individuals, separate from the perpetrator, lead to additional acts of harm, (...) and addresses the ever-present reality of male violence which the feminist-hero is, ultimately, unable to surmount. Despite arguments that Promising Young Woman has not met the expectations for change the me-too movement inspired, Fennell challenges conventions to expose misogyny and male violence asking that future feminist filmgoers consider a new way forward. (shrink)

This book reveals the rational basis for historians' descriptions, interpretations and explanations of past events. C. Behan McCullagh defends the practice of history as more reliable than has recently been acknowledged. Historians, he argues, make their accounts of the past as fair as they can and avoid misleading their readers. He explains and discusses postmodern criticisms of history, providing students and teachers of history with a renewed validation of their practice. McCullagh takes the history debate to a new stage with (...) bold replies to the major questions historians face today. (shrink)

Conscious macrostates are usually assumed to be emergent from the underlying physical microstates comprising the brain and nervous system of biological organisms. However, a major problem with this assumption is that consciousness is essentially nonmeasurable unlike all other proven emergent properties of physical systems. In an earlier paper, using a no-go theorem, it was shown that conscious states cannot be comprised of processes that are physical in nature (Reason, 2019). Combining this result with another unrelated work on causal emergence in (...) physical systems (Hoel, Albantakis and Tononi, 2013), we show in this paper that conscious macrostates are not emergent from physical systems and they also do not supervene on physical microstates. An important implication of our work is that there must be some form of violation of energy conservation in biological systems that are conscious. (shrink)

'Original and provocative . . . engagingly written. (C Fred Alford) counters Levinas's notorious obscurity with a goodly dose of transparency' - John Lechte, Macquarrie University Abstract and evocative, writing in what can only be ...