This article utilises Luhmann's functional analysis to investigate the role played by legal argumentation within the legal system. Luhmann's sociological observations on this subject suggest an alternative to jurisprudential approaches that understand legal arguments and consequent decisions in terms of the relative strengths of the justifications offered in their support. His account examines the role played by legal argumentation in allowing the legal system to evolve in response to society's increasing complexity. The concepts he employs to analyse this evolutionary capacity (...) of law, developed from their origins in information theory, are redundancy and variety. Beginning with the work of Dworkin the article opens up Luhmann's analysis to consider how legal argumentation operates both as a grounded form of communication, capable of identifying weak or unsustainable interpretations of legal texts, and a mechanism for evolving law in the direction of increasing complexity. (shrink)

This work represents Niklas Luhmann's definitive application of systems theory to the understanding of law. In it Luhmann reviews past attempts to create a theory of law and argues they all fail to capture how law operates in modern society. He presents an alternative, critical theory through analysing law as a system of communication.

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before (...) and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence. (shrink)

Peirce’s Syllabus is examined and used to interpret metaphoric iconic stereotypes applied to Indigenous people: “noble savage,” “bloodthirsty savage,” “domestic dependent nation,” “vanishing race,” “Indian tribe,” and “ecological Indian.” Efforts on the part of the Indigenous to replace the these stereotypes with different icons such as “Native American,” “First Nations,” and, most recently, “water protectors,” are also examined. The usefulness of representamen categories from Peirce’s Syllabus, “rhematic,” “Argument,” “dicent,” “indexical,” “qualisign,” “legisign,” and “sinsign,” is demonstrated. Greimas’ observations about the (...) functions of modalities are brought in to explain how graphic images and portraiture, fictional and memoir narratives, legal discourses, and popular media representations implement various sections of the Syllabus. Putting Peirce’s Syllabus into action confirms its ability to perform dynamic, diachronic, and diagrammatic functions. (shrink)

The relief of suffering is the great goal of medicine. That physicians give up on suffering when they can do nothing about the underlying condition is one of the contemporary criticisms of medicine. Yet even in irremediable suffering there is something noble, to which physicians should attend.

“Writers don’t have tasks,” said Saul Bellow in a Q-and-A. “They have inspiration.”Yes, at the typewriter, by the grace of discipline and the Muse, but here, on Central Park South, in the Essex House’s bright Casino on the Park, inspiration was not running high.Not that attendance at the forty-eight PEN conference was a task. It was rather what Robertson Davies called “collegiality.” “A week of it once every five years,” he said, “should be enough.” He, Davies, had checked in early, (...) Saturday afternoon, and attended every session. In black overcoat and black fur cap, he had a theatrical, Man-Who-Came-to-Dinner look. In the lobby he made a great impression.Why not? After all, weren’t writers here to be seen as well as to see each other, to make as well as take impressions? A month before, I’d spent a couple of hours at the Modern Language Association convention. There were thousands and thousands of scholars and critics there. Some of the most noted make a career of squeezing authors out of their texts. An author, wrote one tutelary divinity, “constitutes the privileged moment of individualization in the history of ideas, knowledge, [and] literature….”1 Not content with auctoricide, deconstructionist critics went after texts. “Il n’y a pas de hors-texte.”2 Since there’s nothing that doesn’t belong to the text, texts are interchangeable. And it’s not that superfluous, mythical being, the author, who decides they are, but his readers, at least those readers capable of erecting on his miserable pedestal—the poem, the story, the novel—a memorable explication.Ah well, was my thought, for some people a corpse will serve as well as a person. Indeed, for intellectual undertakers, hit-men, and cannibals, as well as for those who suffer the tyranny of authority, corpses are preferable to their living simulacra.Few authors at the PEN conference were troubled by these critical corpse-makers. They were here to see the authors behind the books they’d read, to swap stories and opinions, and to make clear to each other what splendid thinkers and noble humans they were outside of the poems and stories which had brought them here in the middle of winter and New York. In this city, more than any other in the history of the word, the word had been turned into gold. If one were going to abandon the typewriter for the podium, what better place to do it? In 1985, Richard Stern was given the Medal of Merit, awarded every six years to a novelist by the American Academy and Institute of Arts and Letters. He is the author of, among other works, the novels A Father’s Words , Other Men’s Daughters , and Stitch . His third “orderly miscellany,” The Position of the Body, will be published in September 1986. This essay is part of a longer work. Stern is professor of English at the University of Chicago. (shrink)

In most groups, there’s a sort of commedia del l’arte distribution of roles. In families, factories, universities, corporations, people are known not only for their work, their looks, their social and economic status, but also for the characters they assume in the organization. So there are clowns and those who laugh at them, there are leaders and there are followers; some followers are worshipful, some resentful. Most people put on their organization-character as they put on their uniforms. It doesn’t mean (...) that the character isn’t related to their temperament—they have, after all, chosen it as they have chosen what they wear—but it never represents all of what they are and often represents very little. It is a convenience, a way of smoothing the roughness of interaction.At a congress of writers, things are somewhat different. At the PEN Congress there were the clowns—writers, say, like Salman Rushdie, the young Anglo-Indian novelist; there were dour, dynical observers from the periphery—I think of Sven Delblanc, the Swedish novelist; there were writers who’s pulled themselves out of Pleistocene social pockets which they’d barely survived and which they record: here I think of Kenji Nakagami, the Japanese novelist, screenwriter, and critic. Richard Stern’s Noble Rot, Stories 1949-88, will be published in the fall of 1988. (shrink)

This book presents an introduction to Einstein's Theory of Relativity, which has become a necessary part of the theoretical equipment of every physicist. Even if we regard the Einstein theory of relativity merely as a convenient tool for the prediction of electromagnetic and optical phenomena, its importance to the physicist is very great, not only because its introduction greatly simplifies the deduction of many theorems which were already familiar in the older theories based on a stationary ether, but also because (...) it leads simply and directly to correct conclusions in the case of such experiments as those of Michelson and Morley, Trouton and Noble, and Kaufman and Bucherer, which can be made to agree with the idea of a stationary ether only by the introduction of complicated and ad hoc assumptions. (shrink)

The doctrine that there is no permanent creator who superintends creation and takes care of his creatures accords quite well with each of the principles known as the four noble truths of Buddhism. The first truth, that distress is universal, is traditionally expounded in terms of the impermanence of all features of experience and in terms of the absence of genuine unity or personal identity in the multitude of physical and mental factors that constitute what we experience as a (...) single person. As we saw above, the principal Buddhist arguments against the existence of God focus on the impossibility of permanence and unity in the causal structure of the universe. The second noble truth, that distress is the outcome of one's own unrealistic aspirations, is traditionally seen as ruling out the erroneous view that distress is something inflicted upon creatures by a cosmic superintendent or by other circumstances completely beyond their control. The third noble truth, that distress can be eliminated by divesting oneself of all unrealistic aspirations, rules out the view that sentient beings, as powerless victims of a divine will, have no alternative to a life of constant frustration. And the fourth noble truth, that the best means of removing unrealistic desires is to follow a methodical course of self-discipline, counters the view that the road to happiness lies in obedience to divine will or in trying to manipulate the sentiments of a cosmic intelligence through prayer or ritual. (shrink)

Taking account of two recent anthologies on virtue ethics, the paper locates the moral virtues relative to Aristotle's description of natural endowments, capacities, rational potentials, arts, character traits, and habits. The distinctions operative in this scheme are then brought to bear on the specific question of whether a burglar can be exhibiting the virtue of courage. The suggestion is made that it may not be because burglary is often unjust that it is not a proper exercise of the virtue, but (...) because the end and manner of its execution are disconnected from what is noble. (shrink)

What were Shakespeare's final thoughts on history, tragedy, and comedy? Shakespeare's Last Plays focuses much needed scholarly attention on Shakespeare's "Late Romances." The work--a collection of newly commissioned essays by leading scholars of classical political philosophy and literature--offers careful textual analysis of Pericles, Prince of Tyre, Cymbeline, The Winter's Tale, The Tempest, All is True, and The Two Noble Kinsmen. The essays reveal how Shakespeare's thought in these final works compliments, challenges, fulfills, or transforms previously held conceptions of the (...) playwright and his political-philosophical views. (shrink)

"The chief characteristic of poets," writes I. A. Richards in his well-known essay, "Science and Poetry," "is their amazing command of words".1 By this Richards does not mean that poetry can be written "by cunning and study, by craft and contrivance," that is, by "the technique of poetry added to a desire to write some"; his point is rather that "the ordering of the words" must spring from "an actual supreme ordering of experience." The true vocation of "genuine poetry" consists (...) in its attempt to give the reader "a response which is as passionate, noble and serene as the experience of the poet." It is, in other words, only by being "the master of experience" that a poet can be "the master of... (shrink)

Denis Noble suggests that biologists who created the Modern Synthesis were taken in by conceptual traps and illusions hidden in the language they used. Rather than blame language itself, my response counters that all writers are responsible for careful attention to the implications of the metaphors they use, and that Richard Dawkins deliberately chose “the selfish gene.” Noble’s concept of biological relativity restores Darwin’s fuller and more nuanced definition of natural selection and shows how it also accounts (...) for Lamarck’s assertion that acquired characteristics can be inherited. Biological relativity is supported by Maurice Merleau- Ponty’s chiasmic ontology. (shrink)

In Against Absolute Goodness Richard Kraut aims to show that absolute goodness (or badness) is not reason-giving; it plays no role is justifying or requiring certain attitudes and no role in reasoning about what to do. It passes the buck (it never adds to the weightiness of more specific reasons) and so for practical purposes can be ignored. However, he claims that the notions of ‘a good R’ (e.g. a good play) and ‘good for S’ do justify certain attitudes (...) and play important roles in practical reasoning and do not pass the buck. In this review I critique Kraut’s argument that the notions of ‘a good R’ (e.g. a good play) and ‘good for S’ differ from absolute goodness in these ways. Moreover, I discuss and defend Aristotle’s notion of ‘the fine’ or ‘noble’ (καλόν) and Kant’s notion of unconditional goodness. (shrink)

Ethics and the Clinical Encounter explores the moral dimensions of clinical medicine and the phenomenon of illness, to determine what ethics must be in order to be fully responsive to clinical encounters. Written in a lively and conversational style with minimal technical terminology, and enhanced by actual experience or real clinical situations, this volume lays out a clinical ethics methodology both in practical and theoretical terms. Here's what the experts had to say: Professor Zaner has provided us with a remarkably (...) lucid and trenchant discussion of the interface of philosophy and the field of medicine. He brings into play an extraordinary range of historial knowledge, extensive observations based on firsthand experience with medical practices, and an acute sense of philosophical argumentation. This is a work that will be an exemplary and indispensable text in the philosophy of medicine for years to come. -- Calvin Schrag... it is a highly original contribution usable in a number of fields.... It really has no competition.... The genius of Zaner's approach is to ground ethics from the 'bottom up' and to direct us to the concrete particulars of therapeutic encounters wherein lie moral and ethical matters... meaty, challenging, and ultimately rewarding.... -- Paul R. Dokecki Richard M. Zaner founded the Center for Clinical and Research Ethics at Vanderbilt University Medical Center. Having established Vanderbilt's first Hospital Ethics Committee (1985), he served as co-chair of VUMC's Ethics Committee since its inception in 1990. Zaner has published five original books, edited ten, and translated four more, and has published more than 100 sections of books and professional journals. (shrink)

Thirteen seminal essays by Mark Richard develop a nuanced account of semantics and propositional attitudes. The collection addresses a range of topics in philosophical semantics and philosophy of mind, and is accompanied by a new Introduction which discusses attitudes realized by dispositions and other non-linguistic cognitive structures.

Early in the first volume of his Ideen zu einer reinen Phiinomeno logie und phiinomenologischen Philosophie, Edmund Husserl stated concisely the significance and scope of the problem with which this present study is concerned. When we reflect on how it is that consciousness, which is itself absolute in relation to the world, can yet take on the character of transcendence, how it can become mundanized, We see straightaway that it can do that only by means of a certain participation in (...) transcendence in the first, originary sense, which is manifestly the transcendence of material Nature. Only by means of the experiential relation to the animate organism does consciousness become really human and animal (tierischen), and only thereby does it achieve a place in the space and in the time of Nature. l Consciousness can become "worldly" only by being embodied within the world as part of it. In so far as the world is material Nature, consciousness must partake of the transcendence of material Nature. That is to say, its transcendence is manifestly an embodiment in a material, corporeal body. Consciousness, thus, takes on the characteristic of being "here and now" (ecceity) by means of experiential (or, more accurately, its intentive) relation to that corporeal being which embodies it. Accordingly, that there is a world for consciousness is a conse quence in the first instance of its embodiment by 2 that corporeal body which is for it its own animate organism. (shrink)

In this third edition of "John Locke", the text is divided into three parts. The first is biographical, giving an account of the development of Locke's mind. The second expounds the teaching of the "Essay", and relates this to its background; while the third deals with Locke's teaching in political theory, moral philosophy, education, and religion. -- From publisher's description.

This honest, forthright, and beautifully-written book introduces readers to the human variations on medical topics spoken of in abstract in the daily news--euthanasia, assisted suicide, abortion, "extreme procedures", genetic testing, experimental surgeries--and to the people who must agonize over those decisions regarding themselves and their loved ones.

Introduction: The Anarchist -- The Minister: 1756-93 -- The Philosopher: 1793 -- The Activist: 1794-95 -- The Husband: 1796-99 -- The Educator: 1800-09 -- The Father:1810-19 -- The Pensioner:1819-36 -- The Legacy.

Philosophy and literature enjoy a close, complex relationship. Elucidating the connections between these two fields, this book examines the ways philosophy deploys literary means to advance its practice, particularly as a way of life that extends beyond literary forms and words into physical deeds, nonlinguistic expression, and subjective moods and feelings.

Richard Sorabji presents a unique exploration of the development of moral conscience over 2500 years, from the playwrights of classical Greece to the present. His virtuoso study of the development of pagan, Christian, and secular conceptions of conscience culminates in a consideration of the nature, value, and role of conscience today.

Physicians have for some time been questioning the prevailing view of medicine as applied biology. It is urged that medicine needs to be reconceived so as to provide appropriate emphasis on the patient's experience and understanding of illness. After reviewing these arguments and the scientific paradigm underlying the received view in light of certain themes in medicine's history and of current thinking, Pellegrino's thesis is analyzed: medicine should be understood as an inherently moral enterprise, a form of praxis focused on (...) "the healing relationship". Understanding the illness experience and the professed healer's "compassion" supports Pellegrino's view, and suggests that the healing relationship is perhaps best conceived as a form of dialogue. Keywords: compassion, dialogue, healing relationship, illness experience, interpretation CiteULike Connotea Del.icio.us What's this? (shrink)

Current philosophies of art remain sadly dominated by visions of its end and lamentations of decline. Defining the very notions of art and the aesthetic as special products of Western modernity, they suggest that postmodern challenges to traditional high culture pose a devastating danger to Art's future. Richard Shusterman's new book cuts through the seductive confusions of these views by tracing the earthy roots of aesthetic experience and showing how the recent flourishing of aesthetic forms outside modernity's sacralized realm (...) of fine art evince the persistent presence of an artistic impulse far deeper and more durable than the modernist moment. Performing Live defends the abiding power of aesthetic experience by exploring its diverse roles, methods, and meanings, especially in fields marginal to traditional aesthetics but now most vibrantly alive in today's culture and new media. Ranging from rap, techno, and country music to cinema, cyberspace and urban design, Shusterman develops his radical theory of "somaesthetics," charting the complex network of bodily arts so prominent in contemporary life and self-styling. By blending concrete aesthetic analysis with insightful social critique, Shusterman, a well-known pragmatist philosopher, provides a rich menu and critical guide for today's pursuit of the art of living. (shrink)

There have been few tests of whether exposure to naturalistic or experimental disease-threat inductions alter disgust sensitivity, although it has been hypothesized that this should occur as part of disgust’s disease avoidance function. In the current study, we asked Macquarie university students to complete measures of disgust sensitivity, perceived vulnerability to disease, hand hygiene behavior and impulsivity, during Australia’s Covid-19 pandemic self-quarantine period, in March/April 2020. These data were then compared to earlier Macquarie university, and other local, and overseas student (...) cohorts, to determine if disgust sensitivity and the other measures, were different in the lockdown sample. The most consistent finding in the lockdown sample was of higher core disgust sensitivity, with some evidence of greater germ aversion on the PVD, and an increase in hand and food-related hygiene, but with little change in impulsivity. The consistency with which greater core disgust sensitivity was observed, suggests exposure to a highly naturalistic disease threat is a plausible cause. Greater disgust sensitivity may have several functional benefits and may arise implicitly from the threat posed by the Covid-19 pandemic. (shrink)

Methods available for the axiomatization of arbitrary finite-valued logics can be applied to obtain sound and complete intelim rules for all truth-functional connectives of classical logic including the Sheffer stroke and Peirce’s arrow. The restriction to a single conclusion in standard systems of natural deduction requires the introduction of additional rules to make the resulting systems complete; these rules are nevertheless still simple and correspond straightforwardly to the classical absurdity rule. Omitting these rules results in systems for intuitionistic versions of (...) the connectives in question. (shrink)

This article presents findings from a new qualitative study of female offenders’ interactions with Nigerian policewomen. Against the position of policing literature and feminists and gender advocat...

Richard Smith; Skills: the middle way, Journal of Philosophy of Education, Volume 21, Issue 2, 30 May 2006, Pages 197–201, https://doi.org/10.1111/j.1467-9752.1.

Comparative case studies of lawyer deviance and discipline offer a unique perspective on how and why lawyers misbehave, how regulatory bodies respond, and the efficacy of those responses. Such studies also provide valuable pedagogic tools, opening the eyes of law students to the ways in which they, too, could transgress ethical rules. This special issue builds on my two books on misbehaving lawyers in New York and California by presenting vivid accounts of such lawyers in the UK, Canada, Australia, New (...) Zealand, and the Netherlands. (shrink)