This article examines the claim that there are two different and often incompatible ‘worlds’ within which contractual relationships can be placed—a real world created by the parties and an artificial world created by contract law and formal contract documents. This distinction, often made by sociolegal scholars, is usually accompanied by the suggestion that legal reasoning might be improved by more attention to the real world of contracting at the expense of the artificial world of documents and classical doctrine. After examining (...) the relationship between trust and contract, the role of legal institutions in supporting agreement-making and the reasons parties might have for formalizing commercial relationships, the article argues that a sharp distinction between the real and paper deal cannot be drawn and that in many commercial agreements these must be understood as integrated phenomena, rather than wholly discrete aspects of contracting behaviour. The article then considers the capacity of contract law to respond to this finding, with particular reference to the law's approach to uncertainty in agreements and the contextual approach to contract interpretation as developed by Lord Hoffmann in Investors Compensation Scheme and subsequent cases. (shrink)

The development of genomics has dramatically expanded the scope of genetic research, and collections of genetic biosamples have proliferated in countries with active genomics research programs. In this essay, we consider a particular kind of collection, national biobanks. National biobanks are often presented by advocates as an economic ‘‘resource’’ that will be used by both basic researchers and academic biologists, as well as by pharmaceutical diagnostic and clinical genomics companies. Although national biobanks have been the subject of intense interest in (...) recent social science literature, most prior work on this topic focuses either on bioethical issues related to biobanks, such as the question of informed consent, or on the possibilities for scientific citizenship that they make possible. We emphasize, by contrast, the economic aspect of biobanks, focusing specifically on the way in which national biobanks create biovalue. Our emphasis on the economic aspect of biobanks allows us to recognize the importance of what we call clinical labor—that is, the regularized, embodied work that members of the national population are expected to perform in their role as biobank participants—in the creation of biovalue through biobanks. Moreover, it allows us to understand how the technical way in which national biobanks link clinical labor to databases alters both medical and popular understandings of risk for common diseases and conditions. (shrink)

Jürgen Habermas is one of the most important thinkers of this century. His work has been highly influential not only in philosophy, but particularly in the fields of politics, sociology and law. This is the first collection that explores the connections between his body of work and North America's biggest philosophical movement, pragmatism. Habermas and Pragmatism investigates the influences of pragmatism on Habermas' thought in a collection of stellar essays with contributions by Habermas himself, leading representatives of pragmatism, as well (...) as critical and legal theorists. The essays cover a range of subjects including philosophy of language, democracy, nature of rationality and social theory as well as the relation of major figures such as Hegel, Pierce, Mead and Dewey to Habermas and pragmatism. (shrink)

Ethical reasoning and decision-making may be thought of as 9professional skills9, and in this sense are as relevant to efficient clinical practice as the biomedical and clinical sciences are to the diagnosis of a patient9s problem. Despite this, however, undergraduate medical programmes in ethics tend to focus on the teaching of bioethical theories, concepts and/or prominent ethical issues such as IVF and euthanasia, rather than the use of such ethics knowledge (theories, principles, concepts, rules) to clinical practice. Not surprisingly, many (...) students and clinicians experience considerable difficulty in using what they know about ethics to help them make competent ethical decisions in their day-to-day clinical practice. This paper describes the development of a seminar programme for teaching senior medical students a more systematic approach to ethical reasoning and analysis and clinical decision-making. (shrink)

The notion of the ‘reasonable expectations of the parties’ plays an important justificatory role in contract law, yet the notion has not been subjected to any sustained analysis in the contract law literature. This article examines the various roles that reasonable expectation plays in contract law and explores the different understandings of the notion that are revealed. It identifies three possible bases for reasonable expectations—an institutional basis, an empirical basis and a normative basis—and examines how reasonable expectations arguments in contract (...) reflect each of these differing justificatory bases. This makes appeals to reasonable expectation in contract law problematic since the differently grounded expectations of the contracting parties are usually the precise site of conflict between them. It is therefore doubtful that conflicts between contracting parties can be resolved solely by identifying and protecting their ‘reasonable expectations’. In the conclusion some speculative comments are offered as to why, given its limited explanatory power, the notion has proved attractive in attempts to explain contract law. (shrink)

The authors surveyed hospitals across the country on their policies regarding overlapping surgery, and found large variation between hospitals in how this practice is regulated. Specifically, institutions chose to define “critical portions” in a variety of ways, ultimately affecting not only surgical efficiency but also the autonomy of surgical trainees and patient experiences at these different hospitals.

Barsalou's interesting model might benefit from defining simulation and clarifying the implications of prior critiques for simulations (and not just for perceptual symbols). Contrary to claims, simulators (or frames) appear, in the limit, to be amodal. In addition, the account of abstract terms seems extremely limited.

The successful demonstration that antiretroviral (ARV) drugs can be used in diverse ways to reduce HIV acquisition or transmission risks – either taken as pre-exposure prophylaxis (PrEP) by those who are uninfected or as early treatment for prevention (T4P) by those living with HIV – expands the armamentarium of existing HIV prevention tools. These findings have implications for the design of future HIV prevention research trials. With the advent of multiple effective HIV prevention tools, discussions about the ethics and the (...) feasibility of future HIV prevention trial designs have intensified. This article outlines arguments concerning the inclusion of newly established ARV-based HIV prevention interventions as standard of prevention in HIV prevention trials from multiple perspectives. Ultimately, there is a clear need to incorporate stakeholders in a robust discussion to determine the appropriate trial design for each study population. (shrink)

One rationale policy-makers sometimes give for declining to fund a service or intervention is on the grounds that it would be ‘unaffordable’, which is to say, that the total cost of providing the service or intervention for all eligible recipients would exceed the budget limit. But does the mere fact that a service or intervention is unaffordable present a reason not to fund it? Thus far, the philosophical literature has remained largely silent on this issue. However, in this article, we (...) consider this kind of thinking in depth. Albeit with certain important caveats, we argue that the use of affordability criteria in matters of public financing commits what Parfit might have called a ‘mistake in moral mathematics’. First, it fails to abide by what we term a principle of ‘non-perfectionism’ in moral action: the mere fact that it is practically impossible for you to do all the good that you have reason to do does not present a reason not to do whatever good you can do. And second, when used as a means of arbitrating between which services to fund, affordability criteria can lead to a kind of ‘numerical discrimination’. Various attendant issues around fairness and lotteries are also discussed. (shrink)

Although risky decision-making has been posited to contribute to the maladaptive behavior of individuals with psychopathic tendencies, the performance of psychopathic groups on a common task of risky decision-making, the Iowa Gambling Task (IGT; Bechara, Damasio, Damasio, & Anderson, 1994), has been equivocal. Different aspects of psychopathy (personality traits, antisocial deviance) and/or moderating variables may help to explain these inconsistent findings. In a sample of college students (N = 129, age 18–27), we examined the relationship between primary and secondary psychopathic (...) features and IGT performance. A measure of impulsivity was included to investigate its potential as a moderator. In a joint model including main effects and interactions between primary psychopathy, secondary psychopathy and impulsivity, only secondary psychopathy was significantly related to risky IGT performance, and this effect was not moderated by the other variables. This finding supports the growing literature suggesting that secondary psychopathy is a better predictor of decision-making problems than the primary psychopathic personality traits of lack of empathy and remorselessness. (shrink)

Titles and abstracts for the Pitt-London Workshop in the Philosophy of Biology and Neuroscience: September 2001.

The “revised edition” of the book Allen first published with the University of Minnesota Press in 1983 makes a number of slight changes to the original. In the Preface Allen says that he corrected some typographical errors in the translation of the dialogue and in the 200-plus-page “analysis” now called a “comment.” He or his new editors also added and subtracted a few of the subheadings in the comment, to which he has added two pages on the anachronistic character of (...) the contemporary “thirdman” debate. Unfortunately, Allen did not take the opportunity offered by the reissue of his book—as part of a series of new translations of the dialogues—to respond to three other book-length studies of the Parmenides that appeared after the initial publication of his own, by Constance Meinwald, Mitchell Miller, and Kenneth Sayre. (shrink)

This article is an introduction to two other articles in this issue, Catherine Maxwell’s ‘Teaching 19th-century aesthetic prose’ and Kirsteen Anderson’s ‘The whole learner: the role of imagination in developing disciplinary learning’. It highlights the significance of the courses described in Maxwell’s and Anderson’s accounts by discussing how the writing tasks that they engage students in contribute to the development of disciplinary understanding, and how, whilst eschewing reliance on the conventional schooled essay, they enable students to develop writing that (...) is essayistic. It points to the potential that reinvisaging disciplinary writing has for curriculum and assessment design. (shrink)

This book brings together an international group of scholars to discuss the ramifications of Heidegger's Black Notebooks for philosophy and the humanities. In contrast to both those who seek to exonerate Heidegger and those who simply condemn him, they urge careful reading and rereading of his work to turn Heideggerian thought against itself.

Part intellectual history, part critical theory, The Last Man Takes LSD challenges the way we think about both Michel Foucault and modern progressive politics. One fateful day in May 1975, Foucault dropped acid in the southern California desert. In letters reproduced here, he described it as among the most important events of his life, one which would lead him to completely rework his History of Sexuality. That trip helped redirect Foucault's thought and contributed to a tectonic shift in the intellectual (...) life of the era. He came to reinterpret the social movements of May '68 and reposition himself politically in France, embracing anti-totalitarian currents and becoming a critic of the welfare state. Mitchell Dean and Daniel Zamora examine the full historical context of the turn in Foucault's thought, which included studies of the Iranian revolution and French socialist politics, through which he would come to appreciate the possibilities of autonomy offered by a new force on the French political scene that was neither of the left nor the right: neoliberalism. (shrink)

This chapter contains sections titled: Literature, Fiction, and Truth Literary Cognitivism Thought Experiments Genres Learning by Supposing De se Suppositions.

Metaphysics is largely an a priori business, albeit a business that is sensitive to the findings of the physical sciences. This chapter has two aims. The first is to defend a particular conception of the methodology of a priori metaphysics by, in part, exemplifying that methodology and revealing its results. The second is to present a new account of holes. These two aims dovetail nicely. The chapter provides a better analysis of the concept ′hole′ that yields a more plausible metaphysical (...) story about holes. The authors defend a new, functionalist, analysis of holes, which, unlike its rivals, neither misidentifies nor renders them implausibly eliminativist about holes under various different metaphysical suppositions about the nature of space. In the process, the authors set out the complex relations between the intension of "hole," and its extension at various worlds under different suppositions about the nature of space. (shrink)

Ismael aims for an understanding of the nature of an embedded perspective of agents in a world. If successful, this would explain a cluster of ways in which from an embedded perspective, we experience the world in an array of temporally asymmetric ways. Moreover, these are ways that have led many philosophers to rather metaphysically inflationary views about the nature of time, according to which time itself really is dynamical, and is characterized by the movement of an objectively (i.e., non-perspectival) (...) present. Ismael aims to explain these features of our experience without positing any such metaphysical picture. She argues that there are constraints which prevent us from taking this Olympian conception of the world and our place in it, and that these, jointly, explain why we experience the world in these temporally asymmetric ways. We take up two related questions. First, what it would mean to say that these constraints are not merely epistemic, and second, how far these constraints get us in explaining why we experience the world in these ways. (shrink)

Future-bias is the preference, all else being equal, for negatively valenced events be located in the past rather than the future, and positively valenced ones to be located in the future rather than the past. Strong risk aversion is the preference to pay some cost to mitigate the badness of the worst outcome. People who are both strongly risk averse and future-biased can face a series of choices that will guarantee them more pain, for no compensating benefit: they will be (...) pain pumped. Thus, combining these preferences is rationally impermissible. Dougherty (2011) argues that this gives us reason to think that future-bias is rationally impermissible. This argument, and a similar one presented by Greene and Sullivan (2015), relies on the idea that if several preferences are not rationally combinable, then in the absence of some explanation of why they are not combinable, we should conclude that (at least) one of them is rationally impermissible. We take up this question by, inter alia, reflecting on the empirical results of a study we ran that probes people’s risk averse and future-biased preferences. We argue that the data, in conjunction with other considerations, suggests that we should not infer from the irrationality of the combination of these preferences to the irrationality of one of the preferences singly. We also argue that given the descriptive data about these preferences, there is no reason to think that, if one of them is rationally impermissible, then it is future-bias. (shrink)

Source [1] Andrew E. P. Mitchell, Federica Galli, Sondra Butterworth. (2023). Editorial: Equality, diversity and inclusive research for diverse rare disease communities. Front. Psychol., vol. 14. doi:10.3389/fpsyg.2023.1285774. "It is also important to recognize that certain mental health disorders are classified as rare conditions and have their own cultural concepts of distress, as defined in the DSM-5 (American Psychiatric Association, 2013)" and require “equal attention and support for individuals and their families, both physically and emotionally”. [1].

Although pragmatism and phenomenology have both contributed significantly to the genealogy of so-called “4E” – embodied, embedded, enactive and extended – cognition, there is benefit to be had from a systematic comparative study of these roots. As existing 4E cognition literature has tended to emphasise one or the other tradition, issues remain to be addressed concerning their commonalities – and possible incompatibilities. We begin by exploring pragmatism and phenomenology’s shared focus on contesting intellectualism, and its key assumption of mindedness as (...) representation. We then outline distinctive insights from both traditions regarding the nature and role of habits, in order to put forward a habit-based epistemology as an alternative to the Cartesian idea-based epistemology that has dominated modern philosophy. We pay particular attention to the work of classical pragmatist C.S. Peirce, arguing that his semiotics, which analyses sign-use as habit, shows how theorists of embodied cognition can break a certain false dichotomy between embodiment and logical or intellectual structure which has prevented them from fully theorising propositional knowledge. In this way, our work both augments and challenges the Dewey/Merleau-Ponty connection that has been much more extensively explored by the field. (shrink)

But in this book, Catherine Malabou proposes a more radical meaning for plasticity, one that not only adapts itself to existing circumstances, but forms a ...

Contents -- Preface -- Acknowledgments -- Introduction: surveying the landscape and defining terms -- The seventeenth-century denigration of tradition and a nineteenth-century response -- Michael oakeshott and the epistemic role of tradition -- Alasdair macintyre's tradition-constituted inquiry -- Michael polanyi and role of tacit knowledge -- The incoherence of liberalism and the response of tradition -- Afterword: a conservatism worth conserving, or conservatism as stewardship -- Notes -- Bibliography -- Index.

This chapter contains sections titled: Catherine Malabou : “Unbind Me” Judith Butler : What Kind of Shape Is Hegel's Body in? Catherine Malabou : What Is Shaping the Body? Judith Butler : A Chiasm between Us, but No Chasm.

Don't fence me in : Rorty and Sartre -- On freedom and action : Dewey and Sartre -- A (neo) American in Paris : Bourdieu and Mead -- Mead on cosmopolitanism, sympathy, and war -- W.E.B. Du Bois : double-consciousness, Jamesian sympathy, and the cosmopolitan -- Self-concept in the new sociology of ideas : reflections on Neil Gross's Richard Rorty : the making of an American philosopher -- Eros and self-determination -- What if Hegel's master and slave were women?

This paper argues that we can acknowledge the existence of moral truths and moral progress without being committed to moral realism. Rather than defending this claim through the more familiar route of the attempted analysis of the ontological commitments of moral claims, I show how moral belief change for the better shares certain features with theoretical progress in the natural sciences. Proponents of the better theory are able to convince their peers that it is formally and empirically superior to its (...) rivals, and the better theory may be promoted to the status of the truth. Yet there is no 'decision-procedure' for ethics any more than there is for molecular biology. The betterness of true theories can be grasped through what I term 'undirectional narratives' of progress. And while there are true moral claims and perhaps numerous moral truths yet to be discovered, we should reject currently popular forms of moral realism with bivalence. Some moral claims lend themselves to the construction of fully reversible, bi-directional narratives and are likely neither true nor false. (shrink)

In this chapter, it is described and assessed how political scientists use rational choice theories to offer causal explanations. We observe that the ways in which rational choice theories are considered to be successful in political science differs, depending on the explanandum in question. Political scientists use empirical variants of rational choice theories to explain the political behavior of individual agents and analytical variants to explain the behavior of collective actors. Both variants are used for distinct explananda, which ask for (...) different modes of explanation that raise in turn different explanatory demands toward rational choice theories. We argue that when political scientists discuss the explanatory usefulness of rational choice theories, they should assess them in light of the demands they are supposed to meet. This would enable a more nuanced and problem-oriented appraisal of rational choice theories in political science. (shrink)

Over the last two decades J.N. Williams has developed an account of the absurdity of such utterances as Its raining but I dont believe it that is both intuitively plausible and applicable to a wide variety of forms that this so-called Moorean absurdity can take. His approach is also noteworthy for making only minimal appeal to principles of epistemic or doxastic logic in its account of such absurdity. We first show that Williams places undue emphasis upon assertion and belief: It (...) is similarly absurd for a person to accept a proposition P as a supposition for the sake of argument while denying that her state of mind is one of supposing P, yet Williams has no account of this. Williams approach is then modified to account for such a case. That modification employs a principle of doxastic logic that is at least plausible as the one on which Williams relies, while being unlike his principle in applying to cases other than belief. (shrink)

Presenting an understanding of the mind, emotions, and communication, Calm, Clear, and Loving invites an understanding of the transformation of mind, both in a meditative and therapeutic context. It is relevant to those dealing with histories of abuse and trauma, for those in the fields of mental health, and for those on meditative and spiritual evolution.

A biblically informed guidebook for Christians facing difficult health care decisions, from the making of life (infertility, organ donation, cloning) and taking of life (abortion, euthanasia) to the technologically driven faking of life (genetic engineering, etc.).

A biblically informed guidebook for Christians facing difficult health care decisions, from the making of life (infertility, organ donation, cloning) and taking of life (abortion, euthanasia) to the technologically driven faking of life (genetic engineering, etc.).

Tracing the sign -- Signing the trace -- The messianic without messianism -- Mourning terminable and interminable : law and (commmodity) fetishism -- Justice, law, and Antigone's singular act -- Generalizing the economy of fetishism.

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

This chapter examines Davidson's treatment of emotions as complexly bound up with cognitive states such as belief, rather than as being essentially opposed to such states. Emotions on Davidson's view can be justified, and can be both causes of and reasons for action. We also consider Davidson's elucidation and defense of David Hume's analysis of pride and similar affective states. Objections to that elucidation and defense are discussed, and it is explained how Davidson could rebut those objections. Davidson's theory is (...) then discussed in light of unconscious emotions, irrational emotions, and the possibility of nonhuman animals possessing emotions. (shrink)

ROOTS OF WISDOM, Seventh Edition, invites students to explore universal and current philosophical issues through a rich tapestry of perspectives including the ideas and traditions of men and women from the West, Asia, the Americas, and Africa. No other book offers such breadth of multicultural coverage coupled with a clear, concise, and approachable writing style. Mitchell presents striking images to illustrate our diverse cultural inheritance, using fine art, cartoons, poetry, movies, current events, and popular music to bring the issues (...) of philosophy to life for students. This edition includes a new discussion of logos and mythos as laid out by Karen Armstrong, material on calculative vs. meditative thinking from Heidegger, expanded treatment of sovereignty and citizenship with new discussion on the so-called Arab Spring, and more. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)