In Neutrality and the Academic Ethic, distinguished philosopher Robert L. Simon explores the claim that universities can and should be politically neutral. He examines conceptual questions about the meaning of neutrality, distinguishes different conceptions of what neutrality involves, and considers in what sense, if any, institutional neutrality is both possible and desirable. In Part II, a collection of original and previously published essays provides different views on these and related issues.

Oliver Wendell Holmes, Jr. is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to (...) law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. (shrink)

This Article addresses a different sort of legal transplant — one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the (...) differences between America’s modern legal system and its antecedents, this immense literature, which included works by OliverWendell Holmes, James Coolidge Carter, and John Henry Wigmore, described an archaic legalism which sometimes belonged to tribal societies, and sometimes was simply conjured out of thin air. Exploring the project of constructing geographies of legal knowledge assists in our understanding of American law in a period of significant change. What elements of primitive law were valorized? Which were seen as archaic or repugnant? And what was the purpose of constructing a legal doppelgänger? By examining these cultural negotiations, and holding legal primitivism up as a mirror to modern law, it is possible to uncover the anxieties of legal modernism. (shrink)

In this issue of the Hastings Center Report, Moti Gorin, Steven Joffe, Neal Dickert, and Scott Halpern offer a comprehensive defense of the use of nudging techniques in the clinical context, with the aim of promoting the best interests of patients. Their argument is built on three important claims: Nudging is ubiquitous and inescapable in clinical choice situations, and there is no neutral way of informing patients about their treatment choices; many patients do not have authentic preferences concerning their (...) treatment choices, and those that do can easily resist nudging; and, finally, since many people lack authentic preferences and those that do can still act on their preferences, nudging in the patients’ best interest is justified. I agree with the authors that if these three claims stand up to scrutiny, then they will provide a justification for many types of clinical nudging. I am, however, skeptical as to whether the claims can be sustained, despite the valiant efforts of Gorin and colleagues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Experiential Avoidance and Superstition: Considering Concepts in ContextRoger Vilardaga (bio) and Steven C. Hayes (bio)Keywordsacceptance, contextualism, influence, therapyThe target article (García-Montes et al. 2008) explores the application of the concept of superstition, examined from a Sartrian perspective, to psychopathology such as obsessive–compulsive disorder and psychosis. They compare their analysis to two different technical terms taken from current research programs in psychology, which are the notions of Thought–Action Fusion (...) and Experiential Avoidance (EA). We have been asked to respond because our work in Acceptance and Commitment Therapy (ACT; Hayes, Strosahl, and Wilson 1999) and Relational Frame Theory (RFT; Hayes, Barnes-Holmes, and Roche 2001) are part of the foundational work in EA, and thus in this short commentary we comment on the article from the point of view of our research program.The article notes several areas of overlap between the ACT/RFT work on EA and their Sartrian perspective on superstition, such as the holistic and contextualistic nature of the analysis, but also several differences which the authors feel advantage their own view.It is difficult to compare the two lines of work without appreciating their context and purpose. Sartre was not a scientific psychologist; ACT/RFT are part of a specific effort at scientific system building, which we term here “contextual behavioral science” (AKA, post-Skinnerian behavior analysis).Contextual behavioral science is a social enterprise that has as its purpose the development of increasingly organized statements of relations among events that allow actions embedded in their historical and situational context to be predicted and influenced with precision, scope, and depth. “Precision” means that a limited set of analytic constructs apply to any one event; “scope” means that a limited set of constructs are needed to analyze a broad range of events; and “depth” means that constructs should cohere across different levels of analysis.Although a real world (or at least the one world) is assumed, the partitioning of the world is thought to be the result of our continuous interactions in and with it. These partitions are not ontological constructions from the perspective of contextual behavioral science because they, too, are actions that are purposive and embedded in their historical and situational contexts. The [End Page 269] deliberate attempt to analyze the world scientifically does not contradict the holistic standpoint of contextualism. When analytic goals are accomplished, constructs are “true,” but multiple truths are possible given multiple goals and historical and situational contexts. Conversely, all forms of contextualism become dogmatic and self-contradictory if their goals are not stated. It is common for contextualists of all varieties to state and defend the ultimate apprehension of reality as a whole, for example, without realizing that any statement about the world including such a defense is a form of breaking down this whole into parts. As we will try to show, the target article seems to fall into this usual contextualistic trap by arguing for what is better, without stating clearly “better for what, assessed how” and without viewing concepts with relevance to their purpose.Prediction and influence with precision, scope, and depth is a purpose, stated naked and in the wind. It is not defended, justified, or given ontological status. To generate powerful ways of speaking as measured against that purpose, contextual behavioral science has embraced a wide variety of methodologies, including laboratory research designed to refine behavioral principles with high levels of precision and scope, and applied research such as randomized controlled trials, analog research, and measure development that test the scope of the principles and theories that result (e.g., Hayes et al. 2006). Whether concepts like EA are helpful is a matter to be considered relevant to the goals of the analysis.As example of the kind of problems the authors create for themselves, consider the following quote from the target article:Although the post-Skinnerians who proposed the EA concept call themselves “contextualists,” they pay no more than lip service to the role of the “social/verbal community” and the cultural context. Their research focuses almost exclusively on laboratory experiments, and does not consider the important role of particular social practices and contexts, such as modernity.(García... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Phenomenology and Modern Behavioral PsychologyLindsay B. Fletcher (bio) and Steven C. Hayes (bio)Keywordsacceptance, contextualism, defusion, relational-frame-theoryPérez-Álvarez and Sass (2008) deserve praise for examining the philosophical roots of clinical psychological science. Modern psychology has moved away from the development of philosophy and theory that is needed to ground scientific investigation within a coherent system. The result is increasingly ill-defined constructs and research programs that each operate within their own (...) divergent paradigm. B.F. Skinner is one of the few modern experimental behavioral psychologists who attempted to build a coherent science of behavior based on observable events with testable hypotheses. Acceptance and Commitment Therapy (ACT; Hayes, Strosahl, and Wilson 1999) and its associated basic science of cognition, Relational Frame Theory (RFT; Hayes, Barnes-Holmes, and Roche 2001), build on Skinner’s work to produce a more progressive science.Psychology and philosophy are different disciplines and how they are approached is defined by the objective. The purpose of philosophy from a scientific point of view is not the same as from a philosophical point of view. It is fine to compare radical behaviorism and phenomenology, but it seems important to ask whether and how this will lead to a more progressive science of behavior.In this commentary, we discuss the philosophy and theory that underlie ACT/RFT and show how they reflect on the relevant points made by the authors regarding the shared features of phenomenology and radical behaviorism. We make two adjustments to the explanation of radical behavioral concepts presented in the current paper to create a more coherent analysis. Finally, we show here how the development of a theory based on applied goals directly informs the methods used in clinical settings.Philosophical AssumptionsThe field of behavior analysis that originated with Skinner has different strands. Some are holistic and pragmatic, whereas others are elementalistic and mechanistic (Hayes, Hayes, and Reese 1988). ACT is based on an a-ontological philosophy termed functional contextualism (Hayes 1993), which views behavior analysis from a holistic and pragmatic perspective. Functional contextualism (AKA radical behaviorism) shares some of the assumptions of phenomenology, as has long been noted (Day 1969). For example, Pérez-Álvarez and Sass (2008) identify a-dualism, or monism, as a common feature. In functional contextualism, the whole is divided into functional units for the purpose of prediction and influence. A three-term contingency (antecedent–behavior–consequence) in behavior analysis is viewed as a [End Page 255] whole event with pragmatically distinguishable aspects, not an assemblage. As the authors point out, this results in a dialectic tension between stimulus control, action, and reinforcer because none are distinct units, and each is defined with reference to the others much as the front of a coin cannot exist without the back. These are not ontological entities, but functional units that are abstracted from the whole for pragmatic purposes. What is “radical” about radical behaviorism is that the philosopher, psychologist, or researcher participates in the event they are observing, and their own acts of scientific observation are identified based on their own functional properties.Behavioral ThinkingIn the service of further developing this philosophical and theoretical foundation and considering it along side phenomenology, we need to examine two aspects of the target article. The first regards the role of the environment in shaping behavior that is central to behavioral and contextual theories. The authors object to behaviorism’s notion of environment and suggest replacing it with the concept of the world, stating that “animals have environment, but man has world.” What is missing is an account of that shift. We believe that modern behavior analysis provides that account.Similarly, the paper argues that “reinforcers are not just things that follow behavior, but also, and above all, values that guide our life.” Again what is missing is an account of the precise behavioral basis for the distinction.In an attempt to do this, the authors incorrectly analyze operant behavior as future oriented, even appealing to final causality. In the three-term contingency, the discriminative stimulus sets the occasion for reinforcement of a particular behavior. The behavior of interest has been reinforced in similar contexts in the past, which gives... (shrink)

In 2017 Ploug and Holm argued that anonymizing individuals in the Danish circumcision registry was insufficient to protect these individuals from what they regard as the potential harms of being in the registry. We argue that Ploug and Holm’s fears in each of the areas are misguided, not supported by the evidence, and could interfere with the gathering of accurate data. The extent of the risks and harms associated with ritual circumcision is not well known. The anonymized personal health data (...) supplemented with the circumcision registry will enable more precise research into the medical consequences of ritual circumcision, and allow parents to make more fully informed decisions about circumcision with minimal, if any, adverse consequences. (shrink)

Interest in corporate social responsibility (CSR) is gaining momentum in academic and managerial circles. However, prior work in the area has paid little attention to how CSR initiatives should be implemented inside the organization. Against this backdrop, this study examines the impact of CSR initiatives on an important stakeholder group—employees. We build and test a comprehensive multilevel framework that focuses on whether employees derive job satisfaction from CSR programs. The proposed model predicts that a manager’s charismatic leadership influences employees’ interpretations (...) about the motives underlying their companies’ engagement in CSR initiatives (intrinsic and extrinsic CSR-induced attributions) which, in turn, influence employee job satisfaction. Hierarchical linear modeling of data from 47 organizational units comprising 438 employees from three world-leading manufacturing organizations shows that when employees think that their manager possesses charismatic leadership qualities, they tend to attribute the organization’s motives for engaging in CSR activities to intrinsic values, which, in turn, are positively associated with job satisfaction. Also, the extent to which managers are perceived as charismatic leaders relates positively to job satisfaction. Interestingly, CSR-induced extrinsic attributions are neither explained by charismatic leadership nor do they predict job satisfaction. Implications for both theory and practice are discussed. (shrink)

Nous posons à Aristote une question bien claire : en quoi consiste l'autonomie de la Raison pratique? Cette autonomie ne sera pas assuree par la Raison kantienne et sa prétention à l'universalité mais par une " perception morale " (aisthesis), par la phronésis. Notre entreprise fait avancer la question d'un pas supplémentaire. Elle prétend imprimer à la réponse aristotelicienne une orientation précise, étant donné qu'elle fait dépendre cette autonomie de la possibilite d'une ontologie (c'est-à-dire, d'une phénoménologie) de l'action morale. Notre (...) position peut donc s'annoncer ainsi : la phronésis, en tant qu'accès aux principes de la prakis, constitue la condition de possibilite de toute action morale. La fonction de la phronésis se trouvera éclairée à travers l'analyse du problème de l'altérité, de la reconnaissance de l'autre. Cet autre " en chair et en os ", nous le rechercherons dans l'ami aristotélicien. La structure de l'amitié sera déterminée dans son opposition par rapport aux modèles de la techné et de la Sophia, ce qui conduira finalement à l'autonomie de la sphère pratique. Si cette description de la praxis s'avère être effectivement en adéquation avec les phénomènes eux-mêmes, nous aurons ouvert une voie destinée à faire apparaitre une coïncidence de l'ontologie et de la morale, auquel cas l'ontologie de la praxis reflétera les principes du " bien agir " lui-même. (shrink)

B a c k g r o u n d. The ordinary language philosophy should be considered as a set of different but interconnected research projects within the Anglo-American analytical philosophy of the first half and middle of the 20th century. A common factor for these studies is the application of the method of linguistic analysis of natural language expressions to solve many classical problems for philosophy. This method replaced the prevailing idealistic concepts, and was picked up and developed in (...) Great Britain by the works and scientific explorations of J. Moore and B. Russell. It is a generally accepted opinion that the sphere of interests of representatives of the ordinary language philosophy is divided between two poles, represented by the works of L. Wittgenstein and D. Austin. M e t h o d s. In the article, the author used the method of historical-philosophical reconstruction to clarify the role, place and genesis of the ordinary language philosophy as a dominant methodology within the Anglo-American analytical philosophy of the middle of the 20th century, general scientific methods of cognition: analysis, synthesis, generalization to clarify key ideas and concepts, which is the basis of the methodology of the ordinary language philosophy, as well as methods of systematization and comparison. R e s u l t s. The article clarifies the genesis of the main ideas and concepts of the philosophy of everyday language, as well as gives an example of the modern strategy of criticism of this methodological direction. The key postulates of the ordinary language philosophy age are clarified, namely: (i) the thesis that philosophical problems arise due to the incorrect use of language and must be solved by clarifying the meanings of words, (ii) philosophical analysis should not be based on the discovery of hidden logical forms of expression, and on the clarification of the necessary and sufficient conditions for the use of the expression, including the analysis of the situation of use, (iii) meaning as use, (iv) the philosophical analysis of the meaning should be carried out informally, taking into account the analysis of each specific case of the use of the expression, (v) criticism systematic theories of meaning. C o n c l u s i o n s. At the current stage of the development of analytical philosophy, there is a noticeable increase in attention to the achievements of the ordinary language philosophy. Among modern researchers and critics of this direction, the names of A. Baz, D. Nagel, S. Somes, and T. Williamson can be singled out. The presence of the interest of modern researchers indicates premature statements about the completion of the ordinary language philosophy. This concept should be rehabilitated, and its methodological apparatus should enrich the arsenal of scientific methods of modern analytical philosophers. (shrink)

У статті досліджуються проблеми фінансування енергоефективного будівництва. Автором проаналізовано останні тенденції банківського кредитування в Україні. Розглядається питання відмінностей між звичайним та енергоефективним будівництвом з точки зору інвестиційної привабливості. Висвітлено підходи до визначення енергоефективності. Наводяться економічні переваги та недоліки спорудження та експлуатації енергоефективних будинків, сучасні макроекономічні фактори та тенденції, що впливають на аналізоване явище.

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

The question that this paper tries to answer is Q: “Can good academic bioethics be done without commitment to moral theory?” It is argued that the answer to Q is an unequivocal “Yes” for most of what we could call “critical bioethics,” that is, the kind of bioethics work that primarily criticizes positions or arguments already in the literature or put forward by policymakers. The answer is also “Yes” for much of empirical bioethics. The second part of the paper then (...) provides an analysis of Q in relation to “constructive bioethics,” that is, bioethics work aimed at providing an argument for a particular position. In this part, it is argued that a number of the approaches or methods used that initially look like they involve no commitment to moral theory, nevertheless, involve such a commitment. This is shown to be the case for reflective equilibrium, mid-level theory, the use of theory fragments, and argument by analogy. (shrink)

Henri Bergsono gyvybės kilmės hipotezė vengia pateikti šios problemos sprendimą, visgi filosofas pateikia keletą pasiūlymų. Nuodugnus jo tekstų skaitymas netiesiogiai atskleidžia prielaidą, kad gyvybė žemėje atsirado vykstant natūraliems procesams. Šiame straipsnyje nagrinėjama élan (polėkio) sąvoka bei akcentuojama šios filosofinės sąvokos evoliucija Bergsono mintyje. Élan argumentuotai atskiriamas nuo jo nuolatinio palydovo vital (gyvybiškasis), kadangi siekiama pabrėžti jo nedvasinį aspektą, kuris taikomas tam, ką Bergsonas apibūdino kaip „fiziologinę gyvybę“. Noriu pabrėžti, kad élan turi savo istoriją ir kad neabejotinai buvo akimirka, kuomet élan (...) prasidėjo. Galiausiai argumentacija perkeliama nuo élan istorijos ir kilmės prie gyvybės istorijos ir kilmės. (shrink)

The present paper proposes a new reading of one of the most obscure passages of De Architectura; in I, 1,3 Vitruvius claims that in architecture there is always a signifier and a signified, but his approach differs from Quintilian’s as presented in the latter’s Institutio Oratoria. Vitruvius’ is closer to Chrysippus approach, but he fails to mention the third constituent, the tynchanon. This omission is probably due to the fact that Vitruvius speaks of designs rather, than of existing buildings. What (...) can successfully signify a proposed building is, according to my reading, the design and erection of a building that is easily recognized by the public as realizing the intentions of the community to erect the proposed building. Such successful signification constitutes the ultimate criterion for good architecture. (shrink)

This study seeks to examine the mechanisms by which a corporation’s use of philanthropy affects its reputation for corporate social performance (CSP), which the authors conceive of as consisting of two dimensions: CSP awareness and CSP perception. Using signal detection theory (SDT), the authors model signal amplitude (the amount contributed), dispersion (number of areas supported), and consistency (presence of a corporate foundation) on CSP awareness and perception. Overall, this study finds that characteristics of firms’ portfolio of philanthropic activities are a (...) greater predictor of CSP awareness than of CSP perception. Awareness increases with signal amplitude, dispersion, and consistency. CSP perception is driven by awareness and corporate reputation. The authors’ contention that corporate philanthropy is a complex variable is upheld, as we find that CSP signal characteristics influence CSP awareness and perception independently and asymmetrically. The authors conclude by proposing avenues for future research. (shrink)

Possible-world semantics are provided for Parikh’s relevance-sensitive model for belief revision. Having Grove’s system-of-spheres construction as a base, we consider additional constraints on measuring distance between possible worlds, and we prove that, in the presence of the AGM postulates, these constraints characterize precisely Parikh’s axiom (P). These additional constraints essentially generalize a criterion of similarity that predates axiom (P) and was originally introduced in the context of Reasoning about Action. A by-product of our study is the identification of two possible (...) readings of Parikh’s axiom (P), which we call the strong and the weak versions of the axiom. An interesting feature of the strong version is that, unlike classical AGM belief revision, it makes associations between the revision policies of different theories. (shrink)

Below, suggested thoughts were expressed by me when I just learned about an irreparable event - the departure from the earthly existence of pastor Peter Konstantinovich Martyanov. Since then, it's hard to imagine now, two years. Time spell is inexorable. But there is a higher flow of time. It is human honor and memory. The good deeds of man live uncountably for a long time as an embodiment of the memory of her. And a man lives as much as he (...) will remember about his good deeds. So - everyone chooses in his earthly existence his own way. The Path of eternal Remembrance of your own good deeds, or the unlucky darkness of your own evil deeds. Peter Konstantinovich always served God, and hence - people. Therefore, he will be remembered with respect and remembered by a good word and after leaving the earthly life. Therefore, on the deadline of September 7, the religious scholars of Ukraine, with whom he worked fruitfully to establish tolerance in interfaith relations in the Odessa region, was to be honored, to honor the light of the memory of the man who did so much for the establishment of Ukrainian unbiased religious studies, who was not afraid to be righteous and sincere then When it was not easy, who was not afraid, as Vasyl Stus once articulated, to be "self-fulfilling". (shrink)

This paper explores Pope Francis’ and the Holy See’s reaction to the war in Ukraine, and attempts to explain the logic behind it. After introducing the Holy See’s statements since the start of Russia’s aggression, the author reads them through the background of Catholic social teaching. In particular, he claims that the ambiguities of the Holy See’s position are due to the unresolved tension between the traditional just war approach and a tendency towards nonviolence. The latter has acquired prominence over (...) the last decades, in particular with Francis’ Fratelli Tutti. The author concludes that the war in Ukraine represents a pivotal moment in the Catholic Church’s thinking on war and peace. (shrink)

The Church is commonly spoken of as an institutional reality, but much less frequently recognized as a spiritual and heavenly reality called by God " to make disciples of all nations." (Mt. 28:19) This modest work furthers the development of a structured and integrated Christian Orthodox political thought, whereby the Church is neither sidelined as having no relevance to this present life, nor dominated by temporal questions or popular movements at the expense of its eternal salvific mission. The author seeks (...) to ground the mission of the Church in the present world both on an understanding of God as Trinity and in Her mission to baptize diverse cultures. To do this effectively the Church must recognize and adapt to local and contemporary political and social trends and patterns. It must exemplify the Gospel as a way of communal and social life, not allowing itself to be reduced to an impersonal ideology manifest within the sphere of either imagination, ideology, or a private individualistic existence. (shrink)

On December 5, 1963, at the end of the second session of the Second Vatican Council, a "Decree on means of public notice" was signed together with the Constitution on the Holy Liturgy. This was the first of the nine decrees issued by the Council, which expressed the views of the entire Ecumenical Church, which represented at the Council more than 2500 bishops, experts and theologians who participated in the General Assembly. Almost half of the Fathers of the Council were (...) pastors of European dioceses. There were also 379 African bishops, 300 bishops from Asia and almost a thousand from the United States at the Council. All of them - the heirs of the College of the Apostles - saw humanity entering into a new phase of dialogue through the media, and wanted to answer the question of whether the Church could use them for their development and proclamation of the Gospel. (shrink)

Despite the undeniable epistemic progress of developmental biology from the second half of the twentieth century to the present day, there still is widespread disagreement on defining the biological term of ‘development’. This scientific field epistemologically is neither unsuccessful nor immature, thus the persistent lack of agreement on its most central concept raises some important questions: is there any need for an explicit definition of biological development, and if so, what content should the definition have? My central thesis is twofold. (...) First, that current definitions of biological development are conceptually or empirically inadequate. Second, that an explicit definition of biological development is very much needed (a) for the practical purposes of science textbooks, but more importantly is needed (b) epistemically for exposing or overcoming problematic assumptions and for partially guiding scientific research by coding the appropriate assumptions. To support this thesis, initially I will show the deficiencies of the dominant definitions of biological development; and subsequently I will provide two arguments: an Argument from Practical Purposes and an Argument from Epistemic Purposes. Finally, for accommodating practical and epistemic purposes and as a response to the inadequacy of the available definitions of development, I will propose and defend an operational definition of biological development which is aimed to be broader than the received ones, while being more precise and fruitful to conduct empirical research. (shrink)

For decades, nursing as a discipline has tried to establish itself within the socio‐professional and the socio‐political arenas. To date, several theorists have attempted to thoroughly define the essence (ontology) of nursing while others have proposed means (syntax) to achieve this ‘collective’ objective. Considering that this preoccupation, rooted in essentialism, is pervasive in the nursing literature, our claim is that these quests should be criticized because they impede innovative and transdisciplinary approaches to nursing theory. Our criticism includes the perspective supported (...) by the so‐called ‘postmodern nursing theorists’. We argue that the oeuvre of some nursing postmodern scholars is as prescriptive and linear as the ones they critique. Like it was done before, the discourse of these thinkers perpetuates the status quo by excluding alternative forms of knowledge that cross the boundaries of the discipline of nursing. Using the work of Deleuze and Guattari, this paper proposes an alternative way to conceive the development of nursing knowledge, which, we think, could represent an alternative way to explore the discipline of nursing. (shrink)