Pour ceux qui s'intéressent à la conception et à la planification de l'enseignement - plus précisément à l'analyse des systèmes pédagogiques - les auteurs proposent une "technologie" destinée à améliorer la transmission des connaissances.

The “New Natural Law” Theory (NNL) of Germain Grisez, John Finnis, Joseph Boyle, and their collaborators offers a distinctive account of intentional action, which underlies a moral theory that aims to justify many aspects of traditional morality and Catholic doctrine. -/- In fact, we show that the NNL is committed to premises that entail the permissibility of many actions that are irreconcilable with traditional morality and Catholic doctrine, such as elective abortions. These consequences follow principally from two aspects of the (...) NNL. The first aspect is its distinctive version of the planning theory of intention, in which adopting the 'first-person perspective' of an agent is a sufficient, and not merely necessary, condition for determining the nature of his intentional action; this planning theory rests upon an implicitly Cartesian conception of human behavior, in which behavior chosen by an agent has no intrinsic “intentionalness” apart from what he confers upon it as part of his plan. The second aspect is the NNL's distinctive account of basic human goods' incommensurability, according to which there is no common factor shared by basic human goods that allows them to be comparatively ranked in any way that directs practical deliberation. -/- The entailments of these two aspects of the NNL, we argue, amount to a reductio ad absurdum. Pace the proponents of the NNL account, we sketch an alternative hylomorphic conception of intentional action that avoids untoward moral implications by grounding human agency in the exercise of basic powers that are either (a) essential constituents of human nature or (b) acquired through participation in social practices. This conception of intentional action provides a stronger foundation for natural law theory. (shrink)

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences (...) for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary. (shrink)

The “New Natural Law” Theory (NNL) of Grisez, Finnis, Boyle, and their collaborators offers a distinctive account of intentional action, which underlies a moral theory that aims to justify many aspects of traditional morality and Catholic doctrine. In fact, we show that the NNL is committed to premises that entail the permissibility of many actions that are irreconcilable with traditional morality and Catholic doctrine, such as elective abortions. These consequences follow principally from the NNL’s planning theory of intention coupled with (...) an implicitly Cartesian conception of human behavior, in which behavior chosen by an agent has no intrinsic “intentionalness” apart from what he confers upon it as part of his plan. Pace the NNL collaborators, we sketch an alternative hylomorphic conception of intentional action that avoids untoward moral implications by grounding human agency in the exercise of basic powers that are either essential to human nature or acquired through participation in social practices. (shrink)

Cytokines are polypeptides released by activated vertebrate blood cells which have profound effects on other blood cells and which have hormone‐like properties affecting other organ systems as well. In recent years a wide variety of these mediators has been isolated and characterized. Many of these molecules have subsequently been cloned and expressed in E. coli. The tremendous importance of these proteins to host immune and non‐specific defense systems along with the striking similarities of their properties among different species suggested to (...) us that cytokines may have been proteins that have been conserved through evolution. Investigations of the evolution of cytokines will help us decipher the complex cellular, humoral and molecular interactions that regulate host defenses. Studies of the invertebrates will shed light on the phylogenetic emergence of these molecules as well. (shrink)

Humanist sociologists are activists rooted in the reality of history and change and guided by a concern for the 'real life' problems of equality, peace, and social justice. They view people as active shapers of social life, capable of creating societies in which everyone's potential can unfold. Alfred McClung Lee introduces this volume with 'Sociology: Humanist and Scientific' and develops the theme that a sociology that is humanist is also scientific. The other nine selections are grouped into four parts: 'The (...) Individual and Social Life;' 'Social Institutions: Technology, Science, and Formal Organization;' 'Political Structures: Issues of Justice and Equality;' and 'Methodological Critiques and Counterproposals.'. (shrink)

Robert Denis Collison Black was internationally recognized as the authority on Jevons, and in particular on the centrally important elements of Benthamite Utilitarianism in Jevons' thought. Jevons' Theory Political Economy was, Black argued, a Benthamite exercise, not a systematic treatise on value and distribution. This in turn explained why Jevons' theory of production was essentially classical, and why he had no theory of aggregate distribution. Black's work on Jevons also threw light on the professionalization of economics. Black was the (...) well-merited recipient of many honours. In 1974 he was elected both a Fellow of the British Academy and a Member of the Royal Irish Academy. He became an Honorary Fellow of Trinity College, Dublin in 1982; President of the Statistical and Social Inquiry Society of Ireland over the years 1983 to 1986; acted as President of Section F of the British Association in 1984–5; was elected a Distinguished Fellow of the History of Economics Society in 1987; and in 1988, Queen's University bestowed upon him an Hon. D.Sc. Econ. (shrink)

Fog in August is a German film based on Robert Domes' historical novel of the same name. The film provides a fictionalized account of the institutionalization and eventual killing of children and adults labelled as a burden on the State and unworthy of life. On one level, this is a story of good versus evil, where innocent patients are manipulated by callous doctors and nurses. At a deeper level, however, it is possible to read the characters as more complex (...) and such a reading gives an insight into the paradox of how a genocidal policy was able to be systematically implemented by health care professionals who had previously taken an oath to provide care to all people. Carl Jung argued that powerful stories, told across generations, contain mythical archetypes that help drive the plot and convey beliefs about humanity. The aims of this paper are to explore Jungian ideas within Fog in August that help the historical story it is based on resonate with viewers today, and demonstrate how the application of these insights can help health care professionals more fully understand morally distressing events and, as a result, support and improve the safety of patients. (shrink)

O'Brien, Odhran Review of: Aapologia pro Beata Maria Virgine: John Henry Newman's defence of the Virgin Mary in Catholic doctrine and piety, by Robert M. Andrews, Palo Alto, CA: Academica, 2017, pp. 164, hardback, US$76.95.

Terence Wilmot Hutchison, a Fellow of the British Academy, was a historian of economics, methodologist, and acerbic critic of hubris and pretension amongst economists. He was born at Bournemouth and grew up in London. Hutchison's father was the flamboyant and much married Robert Langton Douglas, while his mother was Grace Hutchison. It was as a classicist that he went to the University of Cambridge in 1931. But Hutchison quickly lost interest in a subject that seemed to him to have (...) little relevance to the economic turmoil of the world, and switched to economics, graduating in 1934 with a First. He left Cambridge in 1934 and registered as an occasional student at the London School of Economics. This chapter presents a biography of Hutchison and also narrates his trips to Germany, Iraq, and India, as well as his stints at the University of Hull, LSE, and the University of Birmingham. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The King and the Crowd: Divine Right and Popular Sovereignty in the French Revolution Robert G. Hamerton-Kelly Stanford University We French cannot really think about politics or philosophy or literature without remembering that all this— politics, philosophy, literature—began, in the modem world, under the sign of a crime. A crime was committed in France in 1793. They killed a good and entirely likable king who was the incarnation (...) of legitimacy. We cannot not remember that this crime was horrible... When we speak about writing, the accent is on what is necessarily criminal in writing. (Jean-François Lyotard, "Discussion Lyotard-Rorty" 583; quoted in Dunn 165) The condemnation ofthe king is at the crux ofour contemporary history. It symbolizes the secularization of our history and the disincarnation of the Christian God. (Albert Camus, The Rebel 120; quoted in Dunn 140) Susan Dunn makes a well-documented case that the death of Louis XVI was unconsciously understood, especially by the Jacobins, as a human sacrifice that was necessary for the founding of the republic. "Louis must die because the patrie must live," said Robespierre at the king's trial, and the representative Carra considered Louis "the source of corruption and servitude... the fatal talisman ofall our ills" whose death would cause the people to be "regenerated in morality and virtue" (Dunn 15-37). The king was a monster and the source ofall the ills, and his death 68Robert G. Hamerton-Kelly had the power to alleviate those ills and regenerate the nation. This image of the king as sacrificial victim persisted throughout the first half of the nineteenth century in French literature and politics, sometimes assimilating itself to the image of Jesus Christ who died for the sins of the world. Legitimist writers like Joseph de Maistre saw his death precisely in this light as a great Christian sacrifice that would do France and the world good (Dunn 28-37). The king as a sacred monster whose life causes all ill and whose death brings healing is the classic figure of the scapegoat or sacrificial victim identified by René Girard. Susan Dunn recognizes this but because she does not know Girard's mimetic theory she is not able to explain the significance of the scapegoat king. Her work is, indeed, as Conor Cruise O'Brien says in the foreword, a work ofdemonstration rather than argument, of evidence rather than interpretation. I offer a mimetic interpretation ofthe Jacobin claim that the death ofthe king was the human sacrifice that founded the republic, and an argument that a universally operative generative mechanism forged the historical events of the revolution.1 There is no essential difference between the sovereignty ofthe king and the sovereignty of the people. In both cases sovereignty arises from a metaphorical contract that threatens death to anyone who violates it. The royal metaphors are organic while the revolutionary metaphors are legal and rational, but they all express the sacrificial structure ofpolitical power. Revolutionary democracy imports the fiction ofrationality to obscure its sacrificial structure. The desire ofthe general will for contractual equality is a transformation of mimetic desire in search of a victim around which the bad violence ofmimetic rivalry can coalesce into the good violence of sacred order. Sovereignty, therefore, is structurally single and simple; it is violence transformed through the sacred into the powers oforder. Max Weber understood this in general ifnot in its particulars when he defined sovereignty as the monopoly of the means of violence within a single territory.2 1 Mimetic theory was discovered by René Girard. I have given an account of my understanding of it in 7Ae Gospel and the Sacred 129-52. The idea of a mechanism universally operative in human history isjustified in the emerging discipline ofevolutionary psychology. Such mechanisms are the result ofthe interaction ofgenetic and environmental factors in the process of evolution (see Robert Wright). 2 The precise quotation from Weber is as follows: "The state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a The King and the Crowd69 The transition from royal to popular sovereignty is a transformation of the basic pattern of victim and group. The... (shrink)

Robert Koons and Matthew O’Brien have leveled a number of objections against the New Natural Law account of human action and intention. In this paper, I discuss five areas in which I believe that the Koons-O’Brien criticism of the New Natural Law theory is mistaken, or in which their own view is problematic. I hope to show, inter alia, that the New Natural Law approach is not committed to a number of theses attributed to it by Koons (...) and O’Brien; that their own view suffers from many ambiguities and difficulties; that passages from St. Thomas on which they draw to support their own view are in fact fully compatible with the New Natural Law account; and that neither the New Natural Law account of the controversial Phoenix abortion case, nor their account of the casuistry surrounding the acceptance of side-effects, is deficient in the ways asserted by Koons and O’Brien. (shrink)

O'Brien & Opie unfairly restrict the classicist's range of options for explaining phenomenal consciousness. Alternative approaches that rely upon differences among representation types offer better prospects of success. The authors rely upon two distinctions: one between symbol processing and connectionist models, the other between process and vehicle models. In this context, neither distinction may be as clear as they assume.

Robert Koons and Matthew O’Brien have leveled a number of objections against the New Natural Law account of human action and intention. In this paper, I discuss five areas in which I believe that the Koons-O’Brien criticism of the New Natural Law theory is mistaken, or in which their own view is problematic. I hope to show, inter alia, that the New Natural Law approach is not committed to a number of theses attributed to it by Koons (...) and O’Brien; that their own view suffers from many ambiguities and difficulties; that passages from St. Thomas on which they draw to support their own view are in fact fully compatible with the New Natural Law account; and that neither the New Natural Law account of the controversial Phoenix abortion case, nor their account of the casuistry surrounding the acceptance of side-effects, is deficient in the ways asserted by Koons and O’Brien. (shrink)

"Simone Weil's bibliography": p. [181]-194. Includes index. Introduction / George Abbott White -- The jagged edge / Michele Murray -- Simone Weil's mind / Robert Coles -- The life and death of Simone Weil / J.M. Cameron -- Simone Weil, last things / Michele Murray -- Simone Weil's Iliad / Michael K. Ferber -- Notes on Simone Weil's Iliad / Joseph H. Summers -- Patriotism and The need for roots / Conor Cruise O'Brien -- Marxism-Leninism and the language (...) of Politics magazine / Staughton Lynd -- Simone Weil's work experiences / George Abbott White. (shrink)

Utilitarianism, the great reforming philosophy of the nineteenth century, has today acquired the reputation for being a crassly calculating, impersonal philosophy unfit to serve as a guide to moral conduct. Yet what may disqualify utilitarianism as a personal philosophy makes it an eminently suitable guide for public officials in the pursuit of their professional responsibilities. Robert E. Goodin, a philosopher with many books on political theory, public policy and applied ethics to his credit, defends utilitarianism against its critics and (...) shows how it can be applied most effectively over a wide range of public policies. In discussions of such issues as paternalism, social welfare policy, international ethics, nuclear armaments, and international responses to the environment crisis, he demonstrates what a flexible tool his brand of utilitarianism can be in confronting the dilemmas of public policy in the real world. (shrink)

The United States Army’s Future Combat Systems Project, which aims to manufacture a “robot army” to be ready for deployment by 2012, is only the latest and most dramatic example of military interest in the use of artificially intelligent systems in modern warfare. This paper considers the ethics of a decision to send artificially intelligent robots into war, by asking who we should hold responsible when an autonomous weapon system is involved in an atrocity of the sort that would normally (...) be described as a war crime. A number of possible loci of responsibility for robot war crimes are canvassed; the persons who designed or programmed the system, the commanding officer who ordered its use, the machine itself. I argue that in fact none of these are ultimately satisfactory. Yet it is a necessary condition for fighting a just war, under the principle of jus in bellum, that someone can be justly held responsible for deaths that occur in the course of the war. As this condition cannot be met in relation to deaths caused by an autonomous weapon system it would therefore be unethical to deploy such systems in warfare. (shrink)

Jean-Jacques Rousseau's ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau's most important political writings -- The Social Contract and The First Discourse (Discourse on the Sciences and Arts) and The Second Discourse (Discourse on the Origin and Foundations of Inequality) -- and presents essays by major scholars that shed light on the dimensions and implications of these texts. (...) Susan Dunn's introductory essay underlines the unity of Rousseau's political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May's essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau's attempt to resolve the tension between the individual's desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O'Brien takes on the "noxious, " "deranged" Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. (shrink)

Any creature that must move around in its environment to find nutrients and mates, in order to survive and reproduce, faces the problem of sensorimotor control. A solution to this problem requires an on-board control mechanism that can shape the creature’s behaviour so as to render it “appropriate” to the conditions that obtain. There are at least three ways in which such a control mechanism can work, and Nature has exploited them all. The first and most basic way is for (...) a creature to bump into the things in its environment, and then, depending on what has been encountered, seek to modify its behaviour accordingly. Such an approach is risky, however, since some things in the environment are distinctly unfriendly. A second and better way, therefore, is for a creature to exploit ambient forms of energy that carry information about the distal structure of the environment. This is an improvement on the first method since it enables the creature to respond to the surroundings without actually bumping into anything. Nonetheless, this second method also has its limitations, one of which is that the information conveyed by such ambient energy is often impoverished, ambiguous and intermittent. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Lucy O'Brien argues that a satisfactory account of first-person reference and self-knowledge needs to concentrate on our nature as agents. Clearly written, with rigorous discussion of rival views, this book will be of interest to anyone working in the philosophy of mind and action.

Jean-Jacques Rousseau’s ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau’s most important political writings—_The Social Contract and The First Discourse (Discourse on the Sciences and Arts) _and_ The Second Discourse (Discourse on the Origin and Foundations of Inequality)_—and_ _presents essays by major scholars that shed light on the dimensions and implications of these texts. Susan Dunn’s introductory essay (...) underlines the unity of Rousseau’s political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May’s essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau’s attempt to resolve the tension between the individual’s desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O’Brien takes on the “noxious,” “deranged” Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. For this edition Susan Dunn has provided a new translation of the _Discourse on the Sciences and Arts _and_ _has revised a previously published translation of _The Social Contract._. (shrink)

Nozick argues, in “Anarchy, State, and Utopia”, correctly I think, that we can go from an equal distribution of wealth to an unequal one through just means. Nozick then asks: If people voluntarily move from a just distribution of wealth, D1, to a different distribution, D2, “isn’t D2 also just?” While Nozick thinks the new distribution of wealth, D2, is just, I think that it is at least possible to go from a just state of affairs to an un-just state (...) of affairs by just means. I then argue that any unequal distribution of wealth can not maximize the good derived from wealth. Therefore, on the basis of plausible utilitarian ideas, any distribution of wealth that isn’t at least roughly equal is un-just, even it was arrived at by just means from aa equal and just distribution of wealth. (shrink)

In Disturbed Consciousness, philosophers and other scholars examine various psychopathologies in light of specific philosophical theories of consciousness. The contributing authors—some of them discussing or defending their own theoretical work—consider not only how a theory of consciousness can account for a specific psychopathological condition but also how the characteristics of a psychopathology might challenge such a theory. Thus one essay defends the higher-order thought (HOT) theory of consciousness against the charge that it cannot account for somatoparaphrenia (a delusion in which (...) one denies ownership of a limb). Another essay argues that various attempts to explain away such anomalies within subjective theories of consciousness fail. -/- Other essays consider such topics as the application of a model of unified consciousness to cases of brain bisection and dissociative identity disorder; prefrontal and parietal underconnectivity in autism and other psychopathologies; self-deception and the self-model theory of subjectivity; schizophrenia and the vehicle theory of consciousness; and a shift in emphasis away from an internal (or brainbound) approach to psychopathology to an interactive one. Each essay offers a distinctive perspective from the intersection of philosophy, consciousness research, and psychiatry. -/- Contributors Alexandre Billon, Andrew Brook, Paula Droege, Rocco J. Gennaro, Philip Gerrans, William Hirstein, Jakob Hohwy, Uriah Kriegel, Timothy Lane, Thomas Metzinger, Erik Myin, Inez Myin-Germeys, Myrto Mylopoulos, Gerard O’Brien, Jon Opie, J. Kevin O’Regan, Iuliia Pliushch, Robert Van Gulick . (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NOTES AND DISCUSSIONS 69 in pre-Socratic scholarship. But he does not do justice to the religious mood which pervades the whole poem (a mood which is set by the prologue which casts the whole work into the form of some kind of religious revelation). The prologue is considerably more than a mere literary device, and the poem is more than logic. Generally, Jaeger9 and Guthrie are surely correct in (...) their judgment that any adequate interpretation of Parmenides' work (as well as that of the other early Greek thinkers) must be willing to take into account its essentially theological character and religious inspirationl~ not always grasped through strict analysis and exegesis. g Theolooy of the Early C-reekPhilosophers, trans. Edward S. Robinson (Oxford, 1947), p. lff, 90ft. agCf. Guthrie's excellent statement: "...Parmenides was at one with Heraclitus in claiming a prophetic or apocalyptic authority for his teaching." And again, the Greeks believed in "an inspiration whereby-the poet is granted deeper insight into the truth than other men" (p. 6). ED. L. MILLER University of Colorado AN UNKNOWN SEVENTEENTH-CENTURY FRENCH TRANSLATION OF SEXTUS EMPIRICUS* I. Introduction Included in a collection of manuscripts and early printed books recently acquired by the Library of the University of California, Los Angeles, from the Paris bookdealer Paul Jammes ~ are three manuscripts attributed to a certain Nicolas de la Toison, Baron de Bussy. Two of the three volumes contain extensive Latin commentaries on the major writings of Aristotle.2 The third is a miscellaneous volume written in three different hands, which contains, among other things, a complete French translation of the extant writings of Sextus Empiricus (c. A.D. 160-210).3 I * I would like to express my thanks to Mr. Richard O'Brien, Western European Bibliographer of the UCLA Library, for his help in numerous ways, who made it possible for me to consult this material during my sojourn in Los Angeles, even before it had been officially catalogued by the Library. I would also like to thank Professors Donald Kalish and Robert Yost of the UCLA Department of Philosophy for their support in making it possible for the collection to be purchased. 1For a brief description of the collection as a whole see Charles B. Schmitt, "Acquisition of Early French Books and Manuscripts", UCLA Librarian, XIX (1966)~25. 2These two manuscripts are bound m red leather with gold tooling. Thear present shelf mark is Collection 968, Box 2. On the spines is written: (1) PHILOSOPHIA.TO.I, and (2) METAPHYSIC ET PHYSICA TO.2. They measure approximately 10 X 14 cm. and each contains about 600fois. At the beginning of Vol. I, in a later hand (19th century?), we read: "Nicolas de la Thoison, baron de Bussy, qui 6crivit ces m6moires, 6tait conseiller laic au Parlement de Bourgogne. Il fur pourru par la r6signation de Pierre Catherine le IV Ddcembre M.DC.XLV et regu le XXIX janvier M.DC.XLVI. I1portait: de queueles dune bands d'or charges en coeur d'une quints feuiUe d'azur--ainsi qu'on le volt dans le Parlement de Bourgogne [Dijon, 1649]de Pierre PaiUot, p. 326." There is also a drawing of the coat-of-arms which has been described. That the de la Toison coat-of-arms is a quintefeuille is verified by Theodore de Renesse, Dictionnaire des figures h$raldiques (Brussels, 1894-1903) III, 461. The passage cited above from the manuscript is directly quoted from Pierre Paillot, Le Parlement de Bouroongne [I], son origins, son $tablissemerit, et son progr~s (Dijon, 1649), p. 326. s A description of this manuscript will be found in the Appendix. 70 HISTORY OF PHILOSOPHY shall here only give a preliminary survey of this third manuscript, pointing out some of the more interesting features and mentioning some problems connected with it which should be investigated further in more detail. As is now well-known the writings of Sextus Empiricus, which form the major extant compendium of ancient skeptical philosophy, had quite a significant impact on sixteenth and seventeenth-eentury thought, after their reintroduction in the sixteenth century. ~ Sextus' works were available in printed Latin editions after 15695 and the Greek text was printed in... (shrink)

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Preface: Virtual Entities in ScienceRobert Harlander, Jean-Philippe Martinez, Friedrich Steinle, and Adrian WüthrichIt is not only since the sudden increase of online communication due to the COVID-19 situation that the concept of the “virtual” has made its way into everyday language. In this context, it mostly denotes a digital substitute for a real object or process. Virtual reality is perhaps the best-known term in this respect. With these digital (...) connotations, “virtuality” has also been used in science and research: Chemists use virtual laboratories, biologists do virtual scanning of molecular structures, and geologists engage in virtual field trips. But the concept of the virtual has a much longer tradition, dating back to long before the dawn of the digital age. Virtual images and virtual displacements were introduced in classical physics already in the late seventeenth and eighteenth centuries, respectively. They represent auxiliary objects or processes without instantiation, with the purpose of efficiently describing specific physical systems. In today’s physics, the term “virtual” is mostly associated with the quantum world, first and foremost with the “virtual particle” of quantum field theory. It has become such an integral part of modern high energy physics that its ontological character may be considered to go beyond the purely auxiliary, which is typically associated with the virtual. [End Page 263]In other disciplines, however, use of the term virtual without a digital connotation is much rarer. While concepts like “virtual adrenaline” show up in physiological research around 1940s, and Charles Darwin, in a private note in January 1840,1 spoke of “virtual change” in the context of embryology, these examples seem to be singular occurrences of entities that were explicitly called “virtual.” The basic idea behind the terminology of the virtual, however, might be much more common, even outside of physics. The “invisible hand” in economics, or the “vital force” in biology, for instance, may carry aspects of a virtual entity, even if they have not been referred to that way.These different observations raise several questions about the status of virtual entities in science. What has led scientists to call one entity “virtual” and not another? Do all virtual entities in science have the same roots and meet the same characteristics? Are they more than auxiliary objects or processes? Why does physics seem to occupy a specific position with respect to the use of the notion of virtuality? These are some points that led us to discuss virtual entities in science during a workshop, out of which grew the present collection. We invited contributions that addressed the historical formation and philosophical interpretation of concepts of virtual entities in physics and other disciplines—in whatever terms they may come. The main goal of the workshop was to bring to the fore similarities and differences in the meanings and functions of these concepts, so as to be able to precisely characterize why certain entities are considered virtual in specific contexts, why a different terminology was often used in each individual case, and in what sense the virtual entities relate to the real world.The organization of the workshop was part of our project “The formation and development of the concept of virtual particles,” a subproject of the Research Unit “The Epistemology of the Large Hadron Collider,” funded by the Deutsche Forschungsgemeinschaft (DFG) and Der Wissenschaftsfonds (FWF). The workshop took place online on four consecutive Fridays in March 2021. It brought together contributors who discussed the role of the concept of the virtual in theoretical as well as experimental activities, and investigated into the origins of the terminology of the virtual as it was applied to the various disciplines of natural science. Dealing with historical, philosophical, but also methodological questions, the presentations covered a wide time range, from the Middle Ages to the present day. While physics naturally emerged as the dominant field, natural philosophy, computer science and biology were also addressed. The papers in this volume were contributed by participants in this workshop and approach the subject from different angles. [End Page 264]First, Friedrich Steinle provides us with an introductory piece that reflects on the specific meaning of the use of the term ‘virtual’ in science. He highlights and... (shrink)

This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

This paper addresses the question “what connection is there between our answer to the question of what we are, and the question, what our actions are?” Suppose that actions are reflexive changes of agents. On that supposition, there would be a direct connection between the answers to those two questions. An action of mine will be a reflexive change of me, and what I am will fix the nature of those changes. I hold that supposition to be true and consider (...) reasons in favor of believing it. However, the paper is not primarily aimed at defense of that thesis. It rather concerned with exploring what consequences accepting it has for the competing notions of what we are, given what we ordinarily think actions are, and bringing to light a tension between thinking of actions as reflexive changes of agents in this way, and a kind of causal understanding of actions that is prevalent. What emerges is that we should shift where we start our theorizing: we cannot assume that action theory primarily involves the task of characterizing the relation between an agent and changes caused, rather than a characterization of a particular kind of relation between the agent and herself. (shrink)

In their target article, Hutto and Satne eloquently articulate the failings of most current attempts to naturalize mental content. Furthermore, we think they are correct in their insistence that the only way forward is by drawing a distinction between two kinds of intentionality, one of which is considerably weaker than—and should be deployed to explain—the propositional variety most philosophers take for granted. The problem is that their own rendering of this weaker form of intentionality—contentless intentionality—is too weak. What’s needed is (...) a species of intentionality distinct from both the industrial-strength version beloved by philosophers and the intentionality lite recommended by Hutto and Satne. We briefly motivate and sketch this alternative, and say a few words about the account of cognition that it spawns. (shrink)

Originally published under the title: Tsong Khapa's Speech of gold in the Essence of true eloquence.