This paper examines the potential role of deliberative democracy in constitutional processes of higher law-making, either for the founding of constitutions or for constitutional change. It defines deliberative democracy as the combination of political equality and deliberation and situates this form of democracy in contrast to a range of alternatives. It then considers two contrasting processes—elite deliberation and plebiscitary mass democracy as approaches to higher law-making that employ deliberation without political equality or political equality without deliberation. It finally turns to (...) some institutional designs that might achieve both fundamental values at the same time, or in the process of realizing a sequence of choices. (shrink)
Liberalism has often been viewed as a continuing dialogue about the relative priorities between liberty and equality. When the version of equality under discussion requires equalization of outcomes, it is easy to see how the two ideals might conflict. But when the version of equality requires only equalization of opportunities, the conflict has been treated as greatly muted since the principle of equality seems so meager in its implications. However, when one looks carefully at various versions of equal opportunity and (...) various versions of liberty, the conflict between them is, in fact, both dramatic and inescapable. Each version of the conflict poses hard choices which defy any systematic pattern granting priority to one of these basic values over the other. In this essay, I will flesh out and argue for this picture of fundamental conflict, and then turn to some more general issues about the kinds of answers we should expect to the basic questions of liberal theory. (shrink)
Part I of this essay will be devoted to Gauthier's principle of minimax relative concession. Part II will focus, more generally, on the variety of possible strategies available to liberal theory. In Part I, I will argue that the principle of minimax relative concession does not define “essential justice” as Gauthier claims. In Part II, I will argue that the difficulties facing Gauthier's strategy are common to other strategies of die same general kind. I will close by suggesting what I (...) think may prove to be a more promising approach. (shrink)
This book describes a new method of consulting the public that has been tried successfully around the world. The book combines the theory of democracy with actual practice. Fishkin lays out a theory of "deliberative democracy" and shows with practical examples, how it can be realized.
Bottlenecks introduces a powerful new way of understanding equal opportunity. Rather than literal equalization, Joseph Fishkin argues that Americans ought to aim to broaden the range of opportunities open to people, at every stage in life, to pursue different paths.
The so-called March of Progress depicts human evolution as a linear progression from mohkey to man. Shelley (1996) analyzed this image as a visual argument proceeding through "rhetorical" and "demonstrative" modes of visual logic. In this paper, I confirm and extend this view of visual logic by examining variations of the original March image. These variations show that each mode of visual logic can be altered or isolated in support of new conclusions. Furthermore, the March can be included in (...) a visual "frame" to produce new arguments, much as a verbal argument can be made a component of a new and larger argument. (shrink)
The article "Picking and Choosing Among Phase I Trials", written by Jill A. Fisher, Torin Monahan and Rebecca L. Walker, was originally published Online First without Open Access. After publication in volume 16, issue 4, page 535-549 the author decided to opt for Open Choice and to make the article an Open Access publication.
People around the world are agitating for democracy and individual rights, but there is no consensus on a theory of liberal democracy that might guide them. What are the first principles of a just society? What political theory should shape public policy in such a society? In this book, James S. Fishkin offers a new basis for answering these questions by proposing the ideal of a "self-reflective society"—a political culture in which citizens are able to decide their own fate (...) through unconstrained dialogue. Fishkin offers a comprehensive critique of liberal political theories that do not satisfy the requirements for a self-reflective society. He then explains his own theory of liberalism, showing that the freely self-examining society he advocates can provide the key to issues of political legitimacy and social justice. Fishkin proposes practical applications of his theory that would lead to more participatory democracy. Among these are deliberative opinion polls that would allow ordinary citizens to explore issues directly with candidates before elections, and vouchers that would allow them to organize representation for their interests. Fishkin examines a broad range of topics from the fresh perspective of a self-reflective society: utility and its limits, justice between generations, conflicting ideals of democracy, equal opportunity, the connections between theory and public policy, the notion of moral progress, and the bases for political obligation. His book makes a new contribution to central debates in moral, political, and legal philosophy. (shrink)
Fisher, Anthony In 1834 convicts of the Norfolk Island penal colony conspired to overpower the troops and take possession of the island. A gang on its way to work turned on their guards. Others, having feigned illness and been transferred to hospital, broke their chains and came to their assistance. But the third wave, of farm workers with farm implements, arrived too late to be of any help. In the fiasco that followed several were killed and after a trial (...) in Sydney thirty-one men were sentenced to death. (shrink)
Amit Sharma, Rajesh Ramanathan, Marc Posner, Robert A Fisher Hume-Lee Transplant Center, Virginia Commonwealth University, Richmond, VA, USA: Pediatric kidney transplantation is the preferred treatment for children with end-stage renal disease. The most common indications for transplantation in children are renal developmental anomalies, obstructive uropathy, and focal segmental glomerulosclerosis. Living donor kidney transplants are often performed pre-emptively and offer excellent graft function. Policy changes in deceased-donor kidney allocation have increased the proportion of such transplants in pediatric recipients. Adequate pretransplant (...) workup along with evaluation of urologic abnormalities is imperative in achieving good outcomes. Overall, patient and graft outcomes after kidney transplantation have improved, with five-year deceased donor and living donor graft survivals of 78.8% and 84.3%, respectively. Improvements in induction and maintenance immunosuppression have contributed to the gradual improvement in outcomes. Unique challenges in pediatric recipients include increased graft thrombosis, adverse growth, and abnormal development relating to immunosuppression, increased rejection due to nonadherence, increased susceptibility to opportunistic infections, and post-transplant malignancy. This review focuses on the current practices and outcomes in pediatric kidney transplantation in North America. We discuss the indications for transplantation, the evaluation process, some key surgical and immunologic considerations, and the common risk factors for graft dysfunction. Keywords: pediatric kidney transplantation, end-stage renal disease, dialysis, organ donors, immunosuppression. (shrink)
Fisher, Anthony Thank you to Lyle Shelton, Tony McLellan, and the Australian Christian Lobby for the invitation to address you tonight. Thanks also to Fr Brian Lucas, General Secretary of the Australian Catholic Bishops Conference, for his kind introduction. Let me take this opportunity to applaud the work of the ACL, its volunteers and friends, for ensuring Christian voices are heard in debates of political and cultural significance. As a Catholic bishop I am very grateful for your capacity and (...) determination to be there in the thick of things. (shrink)
For the moment, I assume that we have some rough idea of what “title” is supposed to mean: the large letters on the spine of a book, the words on the center of the first page of a musical score, or the little plate on the museum wall to the right of the painting . Thus examples of titles would be The Taming of the Shrew, “Mapleleaf Rag,” or The Birth of Venus, but that generates a rather complex set of (...) answers.Let us start with what is undoubtedly the simplest situation: where an inscription of the title is physically part of the work. The most familiar of the aquatints of Francisco Goya which collectively are called Los Caprichos—the forty-third—is titled The Sleep of Reason Produces Monsters, or, more precisely, the Spanish equivalent of those words, for the Spanish words appear as a large and significant element on the plate, indeed occupying more than 10 percent of its surface. In such cases titles are not given: they are elements of works, not by inference or subtle metaphor but in a most literal way. No other title fits in that way. That print could not be called Bats and Cats and Sleeping Man with the expectation that those words should serve as its title. Some works—most works—on the other hand, allow for a range of acceptable titles. Guernica could have been titled The Bombing of a Basque Village or Luftwaffe Hell. Neither of these would, I suspect, have been as good a title as Guernica, but they remain possibilities, even though the familiar title is not physically part of the work. Some works, incidentally, contain words, even sentences, and are not titled accordingly. Several familiar works of René Magritte include a most realistic representation of a tobacco pipe and the large words “Ceci n’est pas une pipe.” Examples of the titles given by Magritte to paintings in this series are L’Air et la chanson and Le Trahison des images. Obviously, not all works of visual art which contain linguistic inscriptions have titles which correspond to those inscriptions. The simplest situation is hardly much help. John Fisher is professor of philosophy at Temple University and editor of the Journal of Aesthetics and Art Criticism. He is also the editor of Perceiving Artworks and Essays on Aesthetics. (shrink)
Lorenzo Magnani: Abductive Cognition: The Epistemological and Eco-Cognitive Dimensions of Hypothetical Reasoning Content Type Journal Article Category Book Review Pages 1-7 DOI 10.1007/s11023-011-9267-6 Authors Cameron Shelley, Centre for Society, Technology, and Values, University of Waterloo, Waterloo, Canada Journal Minds and Machines Online ISSN 1572-8641 Print ISSN 0924-6495.
Fisher, Anthony The campaign to redefine marriage has recently gained such momentum- with now three and soon four Bills before the Commonwealth Parliament-that many think it is inevitable; this can leave those with misgivings feeling that they are already losers in a done deal. Some think it's the inexorable progress of liberty and equality-which leaves the doubters 'on the wrong side of history'. In this context supporters of classical marriage are presumed to have no real arguments to offer. So (...) in this paper I want to offer some reasons-not decrees from on high or from the past, not expressions of hatred or prejudice-but reasons I hope anyone can understand. I also hope you find these reasons persuasive and helpful in proclaiming and witnessing to true marriage among your families, friends and colleagues. But even if you disagree with me on this matter, I at least hope to help you understand why Australian law has always held, and many people still hold, that marriage is for people of opposite sex. (shrink)
Tim Fisher examines a troubling misconception about philosophy that he noticed his high school students possessed: that when it comes to philosophy, you can never be wrong. He expected incoming philosophy students to hold this belief, but was surprised to learn that even after completing his course, students still held the belief that philosophy had no wrong answers—that all views are equally reasonable. Fisher began to wonder where he went wrong. To rectify this misconception, Fisher details an (...) exercise that he developed for second graders that forces students to justify their beliefs and teaches them to examine why one claim is more or less reasonable than another; the exercise is equally appropriate for high school students. The key to this exercise is to teach students to detach personal opinions from their reasoning. (shrink)
Fisher, David We are given many 'eternal truths' and verities we are expected to accept. We can and should question all of them. Whether or not a person is a religious believer, she or he tends to equate having a religious back-ground with being a good person. One of the phrases we generally accept is the trio of virtues - faith, hope and charity.
Three common assumptions of both liberal theory and political debate are the autonomy of the family, the principle of merit, and equality of life chances. Fishkin argues that even under the best conditions, commitment to any two of these principles precludes the third._“A brief survey and brilliant critique of contemporary liberal political theory…. A must for all political theory or public policy collections.” –_Choice_ “The strong points of Fishkin’s book are many. He raises provocative issues, locates them within (...) a broader theoretical framework, and demonstrates an urgent need for liberals to set certain priorities. His main message—that liberalism has radical implications for ordinary life—needs to be heard by many.” --Virginia L. Warren, _Michigan Law Review_ “A highly original and powerfully argued book…. Fishkin is undoubtedly right, and his warning needs to be taken seriously…. This is not a book that catechizes us about what we should believe concerning the practicalities of distributive justice. It is a book that advises us about how we need to think about beliefs that are already popular dogmas, in the interest of making sense.” –James Gaffney, _America_ James S. Fishkin_ is associate professor of political science at Yale University. He is also the author of _The Limits of Obligation_ and _Beyond Subjective Morality_. (shrink)
Fisher, David Religious belief will maintain doctrines even when there is evidence that those doctrines can be shown to be untenable. That's one trouble with religions that contain dogmas. A dogma may require belief in a deity. Since the existence of deity can neither be proven nor disproven, such a dogma is irrefutable and therefore one can maintain such a dogma.
Mark Fisher - Notes and Fragments - Journal of the History of Philosophy 45:3 Journal of the History of Philosophy 45.3 502-503 Muse Search Journals This Journal Contents Reviewed by Mark Fisher Pennsylvania State University Immanuel Kant. Notes and Fragments. Edited by Paul Guyer. Translated by Chris Bowman, Paul Guyer, and Frederick Rauscher. The Cambridge Edition of the Works of Immanuel Kant. Cambridge-New York: Cambridge University Press, 2005. Pp. xxx + 663. Cloth, $140.00. The latest volume in the (...) Cambridge Edition of the works of Immanuel Kant contains the first extensive set of translated passages from Kant's handschriftliche Nachlaß, i.e., the hand-written notes that Kant made on loose sheets of paper, in margins, and on the blank pages that were interleaved into.. (shrink)
Within the strategy that we call avant-garde there are two sets of tactics, one immediate, the other long term. One set could be called a tactics of short-term attention, and it is this set that has been most often noticed. Shock, surprise, self-promotion, the baiting of middle-class solemnity, outrage, a subversive playfulness, a deliberate frustration of habitual expectations, an apparent difficult or refusal of communication, a banality where profundity and seriousness were earlier the norm: these are a few of the (...) tactics that again and again appeared as part of the competitive marketplace strategy for advertising the new.To be a notorious artist was always halfway to becoming a famous one, and many were willing to take the chance that once conditions were right the slight move from notoriety to fame could be accomplished. These tactics made it clear that the problem for an artist within the modern period was first of all to stand out within a crowd, within a surplus of candidates for the few places available nationally or internationally. The rivalry for initial attention under modern conditions set every artist the question of how his own work might have clear identity and felt importance. This was, in an age of products and advertising, the problem of how to turn a style into a brand. Philip Fisher is professor of English at Harvard University and the author of Hard Facts . The essay published here forms part of his forthcoming book Making and Effacing Art. He is currently at work on a book on the philosophical and literary history of the Passions. (shrink)
This work on index-number construction focuses on production indexes, including output and input deflators that can be used for constructing real output and real input. Fisher and Shell treat separately the different production units: the firm, the industry, and the economy, as well as the different forms of industrial organization: monopoly, monopsony, and competition. Only in the simplest cases is the appropriate theory isomorphic to that of the cost-of-living index because of the interlinkages among the various production units. A (...) firm cannot always assume that the behavior of its competitors, suppliers, and customers will be unaffected by price changes and only in special cases can an industry take supply and demand conditions as given. (shrink)
Tailored to the Ethics components of AQA Philosophy and OCR Religious Studies. What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? -/- This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy (...) and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. -/- This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those studying Philosophy as part of the International Baccalaureate or an introductory Philosophy course at university. -/- Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics. (shrink)
Taking a fresh look at questions that have long troubled teachers committed to social change, No Angel in the Classroom provides a richly conceptualized and down-to-earth account of feminist teaching in higher education. Long-time feminist educator, Berenice Malka Fisher, gives a nuanced interpretation of second wave feminist consciousness-raising that bridges the gap between feminist activism and the academy. Candid classroom stories bring out the myths embedded in many activist ideals of the 1970s, while Fisher's informed analysis builds on (...) these tensions, offering a complex amount of experience, emotion, thought, and action in feminist teaching. (shrink)
Filling a gap in scholarship on 19th- and 20th-century religious thought, this book discusses the philosophy and theology of the influential Marburg School in Germany before 1914, focusing on the writings of Hermann Cohen, its leader, and on the Ritschlian theologian Wilhelm Herrmann, Karl Barth's teacher. In addition, Fisher examines Barth's earliest writings and clarifies the little-known liberal phase of Barth's theology.
The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)
This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)
In an attempt to shape the development of nanotechnologies, ethics policy programs promote engagement in the hope of broadening the scope of considerations that scientists and engineers take into account. While enhancing the reflexivity of scientists theoretically implies changes in technoscientific practice, few empirical studies demonstrate such effects. To investigate the real-time effects on engineering research practices, a laboratory engagement study was undertaken to specify the interplay of technical and social considerations during the normal course of research. The study employed (...) an ethnographic invention in the form of a decision model to structure reflection on ongoing social processes. A short series of interactions with one engineering researcher illustrates the deployment of the model in the form of an interview protocol. The cultural embedment of the protocol allowed it to function as a feedback mechanism, creating a more self-critical environment for knowledge production, and perturbing the system in research-tolerable ways. (shrink)
Introduced into the philosophical lexicon during the Eighteenth Century, the term ‘aesthetic’ has come to be used to designate, among other things, a kind of object, a kind of judgment, a kind of attitude, a kind of experience, and a kind of value. For the most part, aesthetic theories have divided over questions particular to one or another of these designations: whether artworks are necessarily aesthetic objects; how to square the allegedly perceptual basis of aesthetic judgments with the fact that (...) we give reasons in support of them; how best to capture the elusive contrast between an aesthetic attitude and a practical one; whether to define aesthetic experience according to its phenomenological or representational content; how best to understand the relation between aesthetic value and aesthetic experience. But questions of more general nature have lately arisen, and these have tended to have a skeptical cast: whether any use of ‘aesthetic’ may be explicated without appeal to some other; whether agreement respecting any use is sufficient to ground meaningful theoretical agreement or disagreement; whether the term ultimately answers to any legitimate philosophical purpose that justifies its inclusion in the lexicon. The skepticism expressed by such general questions did not begin to take hold until the later part of the 20th century, and this fact prompts the question whether (a) the concept of the aesthetic is inherently problematic and it is only recently that we have managed to see that it is, or (b) the concept is fine and it is only recently that we have become muddled enough to imagine otherwise. Adjudicating between these possibilities requires a vantage from which to take in both early and late theorizing on aesthetic matters. (shrink)
Majority cycling and related social choice paradoxes are often thought to threaten the meaningfulness of democracy. But deliberation can prevent majority cycles – not by inducing unanimity, which is unrealistic, but by bringing preferences closer to single-peakedness. We present the first empirical test of this hypothesis, using data from Deliberative Polls. Comparing preferences before and after deliberation, we find increases in proximity to single-peakedness. The increases are greater for lower versus higher salience issues and for individuals who seem to have (...) deliberated more versus less effectively. They are not merely a byproduct of increased substantive agreement. Our results both refine and support the idea that deliberation, by increasing proximity to single-peakedness, provides an escape from the problem of majority cycling. (shrink)
Consider the following three propositions: (R) Artworks necessarily have aesthetic properties that are relevant to their appreciation as artworks. (S) Aesthetic properties necessarily depend, at least in part, on properties perceived by means of the five senses. (X) There exist artworks that need not be perceived by means of the five senses to be appreciated as artworks. The independent plausibility and apparent joint inconsistency of these three propositions give rise to what I refer to as ‘the problem of non-perceptual art’. (...) Assuming that the propositions are independently plausible and jointly inconsistent, there will be three ways of solving the problem: you may affirm (R) and (S) while denying (X); you may affirm (S) and (X) while denying (R); or you may affirm (R) and (X) while denying (S). The first of these, once the orthodox solution, has been displaced in recent years by the second. The third has never really been defended. I defend it here. If successful, my defence will have shown that there is reason to deny the existence of non-aesthetic art and no reason to believe that art is not essentially aesthetic. (shrink)
Value empiricists in aesthetics claim that we can explain the value of artworks by appeal to the value of the experiences they afford. I raise the question of the value of those experiences. I argue that while there are many values that such experiences might have, none is adequate to explaining the value of the works that afford the experiences. I then turn to defending the alternative to value empiricism, which I dub the object theory . I argue that if (...) there is some problem attending the object theory, commensurate with the problems attending empiricism, no one seems to have any idea what it is. I close by urging that the object theory be granted a fresh hearing. (shrink)
The famous Cartesian Nicolas Malebranche (1638-1715) espoused the occasionalist doctrine that ‘there is only one true cause because there is only one true God; that the nature or power of each thing is nothing but the will of God; that all natural causes are not true causes but only occasional causes’ (LO, 448, original italics). One of Malebranche’s well-known arguments for occasionalism, known as, the ‘no necessary connection’ argument (or, NNC ) stems from the principle that ‘a true cause… is (...) one such that the mind perceives a necessary connection between it and its effect’ (LO, 450). The outline of this paper is as follows. I explicitly layout NNC and articulate some of its prima facie strengths (§1). I then critically discuss, what I take to be, the two main arguments against NNC of the Lee-Pyle interpretation (§2). The main conclusion from (§2) is that Malebranche did not abandon NNC in his later works given textual evidence from the Dialogues, contrary to the Lee-Pyle interpretation. In (§3) I discuss in what ways Suárez, Leibniz, Régis and Spinoza all accepted the main premise of NNC. Then, I rebut Steven Nadler’s influential and unchallenged criticism that Malebranche conflated causal and logical necessity, and provide a more accurate interpretation of Malebranche that only commits him to a partial reduction of causal to logical necessity (§4). (shrink)
In this paper I outline the main features of Karen Bennett’s (Australasian Journal of Philosophy 1–21, 2011) non-classical mereology, and identify its methodological costs. I argue that Bennett’s mereology cannot account for the composition of structural universals because it cannot explain the mereological difference between isomeric universals, such as being butane and being isobutane. I consider responses, which come at costs to the view.
Hume is plausibly interpreted as asserting that an artwork is beautiful if and only if it pleases ideal critics. Jerrold Levinson maintains that Hume's commitment to this biconditional gives rise to a problem that occurs neither to Hume nor to his any of his interpreters—the problem of explaining why you should care what pleases ideal critics if you are not one yourself. I argue that this problem arises only if you hold an empiricist theory of aesthetic value—that is, a theory (...) that reduces the aesthetic value of a work to the value of the experience it affords—as Levinson does. I argue that Levinson's own attempted solution to the problem cannot succeed. And I argue that the problem never arises for Hume because his commitment to the biconditional is not a commitment to an empiricist theory of aesthetic value, but to an empiricist theory of aesthetic evaluation. (shrink)
The first years of life mark a time of rapid development and dietary change, as children transition from an exclusive milk diet to a modified adult diet. During these early years, children's learning about food and eating plays a central role in shaping subsequent food choices, diet quality, and weight status. Parents play a powerful role in children's eating behavior, providing both genes and environment for children. For example, they influence children's developing preferences and eating behaviors by making some foods (...) available rather than others, and by acting as models of eating behavior. In addition, parents use feeding practices, which have evolved over thousands of years, to promote patterns of food intake necessary for children's growth and health. However in current eating environments, characterized by too much inexpensive palatable, energy dense food, these traditional feeding practices can promote overeating and weight gain. To meet the challenge of promoting healthy weight in children in the current eating environment, parents need guidance regarding alternatives to traditional feeding practices. (shrink)