Both Heidegger and Wittgenstein consider the possibility of a philosophical inquiry of an absolutely universal scope—an inquiry into the being of all beings, in Heidegger’s case, and into the logical form of everything that can be meaningfully said, in Wittgenstein’s. Moreover, they both raise the worry that the theoretical language by means of which we speak of particular beings and assert particular facts is not suited to this task. And yet their own philosophical work seems to include many assertions of (...) ordinary, theoretical language. Are they being inconsistent? Or are they hoping to use theoretical language in a way that conveys what cannot be said in that language? Much of the scholarship on each of these thinkers takes the form of one of the two horns of this dilemma. In the context of Wittgenstein scholarship, however, a third alternative has been proposed: the Resolute Reading of the Tractatus. My aim is to establish the availability of a similar solution to Heidegger’s predicament. It will emerge that Heidegger rejects the possibility of a theoretical account of being and pursues a project of a radically different sort, whose goal is to bring about a transformation of our fundamental relation to being. (shrink)

Following Oliver Ramsbotham’s observation that conflict resolution and analysis have not taken radical disagreement seriously enough, and in light of his lament that he has not yet found an adequate philosophy of radical disagreement, this article claims that the philosophy of Alasdair MacIntyre provides some coreelements of any adequate philosophy of radical disagreement. MacIntyre’s theory suggests that the problem of radical disagreement is in fact more radical thanRamsbotham affirms. Ramsbotham’s account of the strategic engagement of discourses (SED) approach is (...) critiqued in light of MacIntyre’s diagnosis of radical disagreement, which calls into question its theoretical and philosophical basis. The main problem is held to be that of internal radical disagreement, which SED appears to skirt over. This is elucidated through a brief exploration of two philosophical approaches to moral-political disagreement in relation to Israeli peace activism and the Colombian conflict. (shrink)

The phrase τά ένί διαστηματι γ ραφόμενα occurs in that part of Pappus' Collection Book VIII which deals with instrumental solutions to problems more practical than purely geometrical. In the preceding section an instrumental solution for the problem of doubling the cube has been propounded, which is dependent on the use of a ruler passing through a point about which it is turned in the generation of the locus of points known as the cissoid, and in the subsequent section a (...) solution is propounded for the problem of finding the diameter of a cylinder of which only an incomplete portion of the side remains, leaving neither base intact. (shrink)

Both terrorism and game theory are contested concepts within the social sciences, but in this paper, I will show that a rational approach (game theory) towards the emotion-laden idea and practice of terrorism does aid understanding of the “terrorist theatre”. First, an outline will be provided on the type of actors (game players) that are, or may be, involved to a more or lesser extend in (supporting) terrorism. Then several game models will be assessed on their applicability. This includes averting (...) the joint bargaining paradox when asymmetric actors cooperate to achieve a joint goal, governments who may fare better from their point of view when dividing up refugees into geographically separate areas to decrease the possibility of cooperation between aggrieved groups and recognizing two-speed negotiations, which can have a (detrimental) effect on (deadline) negotiations. Further, an adaptation of the audience cost model explained the “war of nerves” of the terrorist theatre involving the generation of fear amongst its targets and the updating of information on moderate actors by action of extremists. Several mutations of the Prisoner’s Dilemma were discussed as options to prevent mutual harm. (shrink)

The uniqueness of Psychiatry as a medical speciality lies in the fact that aside from tackling what it considers as illnesses, it has perchance to comment on and tackle many issues of social relevance as well. Whether this is advisable or not is another matter; but such a process is inevitable due to the inherent nature of the branch and the problems it deals with. Moreover this is at the root of the polarization of psychiatry into opposing psychosocial and biological (...) schools. This gets reflected in their visualization of scope, in definitions and in methodology as well. Whilst healthy criticism of one against the other school is necessary, there should be caution against hasty application of one's frame of reference to an approach that does not intend to follow, or conform to, one's methodology. This should be done within the referential framework of the school critically evaluated, with due consideration for its methods and concepts. Similarly, as at present, there is no evidence to prove one or the other of these approaches as better, aside from personal choice. We can say so even if there is a strong paradigm shift towards the biological at present. A renaissance of scientific psychoanalysis coupled with a perceptive neurobiology which can translate those insights into testable hypotheses holds the greatest promise for psychiatry in the future. This suggests the need for unification of diverse appearing approaches to get a more comprehensive and enlightened worldview. It requires a highly integrative capacity. Just as a physicist thinks simultaneously in terms of particles and waves, a psychiatrist must think of motives, emotions and desires in the same breath as neurobiology, genetics and psychopharmacology. However, the integration must be attempted without destroying the internal cohesiveness of the individual schools. This will give a fair chance for polarization in which a single proper approach in psychiatry could emerge, which may be a conglomerate of diverse appearing approaches of today, or one which supersedes the rest. A synthesis of cognitive psychology and neuroscience offers the greatest promise at present. (shrink)

In this article the author argues that recognition of self or others is necessary for structural changes in our clients as well as for growth in all relationships. Recognition is seen as a way to deal with our conflicting needs as we progress toward an individuated self and as a way to solve conflicts within our relationships. From a dialectical perspective, dysfunctional interaction between partners reveals both the conflict and the lack of recognition. Various ways of resolving the dilemma (...) are explored. An analysis of a mother-child interaction shows that intersubjectivity is basic in recognition. The dialectic perspective emphasizes in addition the threat and mutuality involved in recognition. With mutual recognition we gain ourselves both as subjects and as objects, and we preserve the relationship. Finally, implications of the dialectical way of conceptualizing relationships are summarily presented. (shrink)

This paper compares different normative and institutional paradigms of journalism with respect to peaceful conflict resolution and democratic communication. It begins with the problematic but still dominant 'regime of objectivity,' and then considers three contemporary challengers: peace journalism, alternative media, and media democratization/communication rights movements. The paradigms are compared in terms of such factors as public philosophy, epistemological assumptions, characteristic practices, institutional entailments, relationship to dominant institutions and power structures, allies and opponents, and antagonisms and synergies between them. I (...) conclude that while peace journalism is a promising initiative, it could gain traction by exploring synergies with the other challenger paradigms. (shrink)

Edgar Wind was one of the most distinguished art historians and philosophers of the twentieth century. He made crucial contributions to debates on aesthetics and on the interdisciplinary nature of cultural history involving such other leading figures as Ernst Cassirer and Erwin Panofsky. It is not always realised, however, that his early thinking was moulded by a concern with the German philosophical tradition, culminating in the analysis of the meaning and function of scientific experimentation and proof. This first edition in (...) English of Edgar Wind's important work Das Experiment und die Metaphysik: Zur Auflosung der kosmologischen Antinomien (1934) also carries a new introduction by Matthew Rampley, placing Wind's philosophical thinking in context. The work is being published to coincide with the opening in 2000 of the Sackler Library at Oxford, which will include a Wind Reading Room. (shrink)

This book argues that we are not equipped to understand the workings of conciousness, despite its objective naturalness.

An emergent contradiction in the contemporary development of biological control is that of the prevalence of the substitution of periodic releases of natural enemies for chemical insecticides and the dominance of biotechnologically developed transgenic crops. Input substitution leaves in place the monoculture nature of agroecosystems, which in itself is a key factor in encouraging pest problems. Biotechnology, now under corporate control, creates more dependency and can potentially lead to Bt resistance, thus excluding from the market a key biopesticide. Approaches for (...) putting back biological control into the hands of farmers (from artesanal biotechnology for grassroots biopesticide production Cuban style to farmer-to-farmer IPM networks, etc.) have been developed as a way to create a farmer centered approach to biological control. (shrink)

We define self-control as an individual's efforts to bias the outcome of present or anticipated motivational conflicts in order to increase the likelihood that subsequent behavior serves perceived long-term interests. We suggest suppression and resolve are not “mechanisms” that underlie self-control, but rather are classes of strategies that influence motivations in order to increase the likelihood of successful self-control outcomes.

The author holds that the enduring achievement of the modern mind is the recognition of a sharp distinction between fact and value; this work is a history of that distinction. In separate sections devoted to the history of scientific method and the history of value theory, Hall covers the ground from the medieval period to the present. His conclusion strikes a pessimistic note; modernity, after distinguishing fact and value, has had marvelous success with the former but is in danger of (...) losing the latter altogether. Towards resolution of this difficulty, he suggests, with tantalizing brevity and obscurity, that though value statements may be emotive, we may perhaps regard emotion as a genuinely cognitive state somehow putting us in touch with real features of the world. While he writes with a pleasant down-to-earth directness, Hall never makes clear precisely what this basic cleavage between fact and value amounts to. And his history, though illuminating, is not always well-balanced; Kant as a value theorist, gets less space than either Locke or Machiavelli and only a third as much as Hobbes. Yet the book as a whole is stimulating, lively, and important.--A. C. P. (shrink)

Publication of The Alchemy of the Word in 1979 brought the deconstructive philosophy of Jacques Derrida into the arena of theological discourse & marked the end of theology as it had been understood by many. This work, revised & reissued as The End of Theology, is an important contribution to understanding the possibilities of a creative postmodern secular theology. The first chapter examines the aims & the shortcomings of language analysis as used in the examination of religious & theological statements. (...) The second chapter investigates the broader spectrum of modern theories about the nature of language. The third chapter recapitulates the rudiments of Heidegger's thought. The fourth chapter moves out of Heidegger & toward a resolution of the problems of meaning & interpretation in proposing a "radical hermeneutics." The fifth chapter discusses the way in which a radical hermeneutics must undermine conventional theological procedures & secure a view of religious speech that is prior to "God-language" or to the "Word of God." Such a view is directed to what Heidegger takes as the "ordinary" logos that is both a pre-Christian & a post-Christian context of "revelation." The final chapter criticizes Heidegger's own "mystifications" about language & endeavors to take his thought one major step beyond. Carl Raschke is professor of religious studies at the University of Denver & senior editor of the Journal for Cultural & Religious Theory. His major books include The End of Theology, Fire & Roses: Postmodernity & the Thought of the Body, The Engendering God, Painted Black & Theological Thinking. (shrink)

Food trade is of economic importance for both developed and developing countries. Food, however, is a special commodity. Firstly, the lack of food -- hunger, under-nourishment, and starvation -- is one of the world's pressing moral problems. But food is not only special because it is necessary for our survival; food is also special because it is strongly related to our social and cultural identity. Two recent transatlantic trade conflicts over food -- over the use of artificial growth hormones in (...) beef production and over the use of biotechnology in food production -- show that food is a specific commodity. In these trade-conflicts, the obligations flowing from free-trade treaties collide with the cultural and social meanings of food. Current international trade agreements neglect this point and force countries to fight their case in the field of food safety science. This causes a bias in the discussion. Europe's resistance towards artificial growth hormones and GM-food is not strictly science based; it is also culture based. For a fair resolution of trade-conflicts, this needs to be accommodated in international trade legislation. With the help of the notion of public reason I defend that precaution with regard to scientific uncertainty, and the possibility for compulsory labelling with regard to sensitive non-nutritional properties of foodstuffs, need to be incorporated in international food trade regulations. (shrink)

We describe and analyze 13 cases handled by our ethics consultation service (ECS) in which families requested continuation of physiological support for loved ones after death by neurological criteria (DNC) had been declared. These ethics consultations took place between 2005 and 2013. Patients’ ages ranged from 14 to 85. Continued mechanical ventilation was the focal intervention sought by all families. The ECS’s advice and recommendations generally promoted “reasonable accommodation” of the requests, balancing compassion for grieving families with other ethical and (...) moral concerns such as stewardship of resources, professional integrity, and moral distress. In cases we characterized as finitegoal accommodation, a “reasonable accommodation” strategy proved effective in balancing stakeholders’ interests and goals, enabling steady progress toward resolution. When a family objected outright to a declaration of DNC and asked for an indefinite accommodation, the “reasonable accommodation” approach offered clinicians little practical direction, and resolution required definitive action by either the family or the clinical team. Based on our analysis and reflections on these 13 cases, we propose ethically justified and practical guidelines to assist healthcare professionals, administrators, and ECSs faced with similar cases. (shrink)

This essay discusses the history of the "futility debate" and the motives that sometimes prompt health care professionals, health care providers, patients, and surrogates to take different sides in it. Changes in the health care system, financial responsibility shifts, technical medical advances, and medical care rationing are analyzed as contributors to the futility debate. So too are variations in the definition of futility examined as part of the current controversy. The respective attitudes of professionals, providers, patients, and surrogates in accepting (...) the goals, capabilities, and limits of medicine are also explored. In particular, the lack of honest communication between health care professionals/health care providers on the one hand and patients/surrogates on the other is acknowledged as a major roadblock in the building of care-focused futility policies. Finally, various initial attempts of hospitals to create futility guidelines are evaluated in order to detect problem areas and to suggest lines of improvement. Keywords: medical futility, medical decision-making, virtues, resource allocation CiteULike Connotea Del.icio.us What's this? (shrink)

I show that resolution-oriented discourse has a distinctive normative structure, partially subject to theoretical explication.Those with a keen commitment to the idea of working out differences of opinion dialogically may fail to grasp what such a commitment entails. In the heat of discursive conflict, discerning our obligations is often difficult. These difficulties yield a general lack of clarity concerning the norms in question. Yet theory can inform reason-giving practice by clarifying the normative structures underlying such discourse. A logic of (...) disputation must be anchored in the relevant features of concrete discursive contexts, even as it abstracts from their particularities. Different types of challenge present claimants with different options for redeeming the claim challenged, and defending moves, too, open up and close off various options for the challenger. I show that the structure of the normative "field" at any point in the dialectic can be characterized with surprising precision. (shrink)

Within the Thomistic moral tradition, the is-ought gap is regularly treated as identical to the fact-value gap, and these two dichotomies are also regularly treated as being identical to Aristotle and Aquinas’s distinction between the practical and speculative intellect. The question whether (and if so, how) practical (‘ought’) knowledge derives from speculative (‘is’) knowledge has driven some of the fiercest disputes among the schools of Thomistic natural lawyers. I intend to show that both of these identifications are wrong and the (...) debate has been misframed. The is-ought gap is not the fact-value gap, nor does the is-ought gap correspond to Aquinas’s distinction between the speculative and practical. This opens the possibility of a resolution--within the Thomistic school--to a debate that has, heretofore, proven particularly resistant of consensus. I close by offering a tentative account of precisely how synderesis gives us our first awareness of moral law from a prior speculative understanding. (shrink)

This paper presents a critical reflection on dynamic consistency as commonly used in economics and decision theory, and on the difficulty to test it experimentally. It distinguishes between the uses of the term dynamic consistency in order to characterize two different properties: the first accounts for the neutrality of individual preferences towards the timing of resolution of uncertainty whereas the second guarantees that a strategy chosen at the beginning of a sequential decision problem is immune to any reevaluation and (...) will effectively be implemented from then on in the decision problem. Although these two properties are equivalent under expected utility, this is not the case under non-EU. Building on the possible characteristics of individual dynamic preferences under risk, this paper proposes a conceptual categorization, that is experimentally testable, of possible sequential decision making behaviors of non-EU maximizers. (shrink)

Heterogeneity within MDD has hampered identification of biological markers (e.g., intermediate phenotypes, IPs) that might increase risk for the disorder or reflect closer links to the genes underlying the disease process. The newer characterizations of dimensions of MDD within Research Domain Criteria (RDoC) domains may align well with the goal of defining IPs. We compare a sample of 25 individuals with MDD compared to 29 age and education matched controls in multimodal assessment. The multimodal RDoC assessment included the primary IP (...) biomarker, positron emission tomography (PET) with a selective radiotracer for 5-HT1A ([11C]WAY-100635), as well as event-related functional MRI with a Go/No-go task targeting the Cognitive Control network, neuropsychological assessment of affective perception, negative memory bias and Cognitive Control domains. There was also an exploratory genetic analysis with the serotonin transporter (5-HTTLPR) and monamine oxidase A (MAO-A) genes. In regression analyses, lower 5-HT1A binding potential (BP) in the MDD group was related to diminished engagement of the Cognitive Control network, slowed resolution of interfering cognitive stimuli, one element of Cognitive Control. In contrast, higher/normative levels of 5-HT1A BP in MDD (only) was related to a substantial memory bias toward negative information, but intact resolution of interfering cognitive stimuli and greater engagement of Cognitive Control circuitry. The serotonin transporter risk allele was associated with lower 1a BP and the corresponding imaging and cognitive IPs in MDD. Lowered 5HT 1a BP was present in half of the MDD group relative to the control group. Lowered 5HT 1a BP may represent a subtype including decreased engagement of Cognitive Control network and impaired resolution of interfering cognitive stimuli. Future investigations might link lowered 1a BP to neurobiological pathways and markers, as well as probing subtype-specific treatment targets. (shrink)

Moral conflicts are the situations which emerge as a response to deal with conflicting obligations or duties. An interesting case arises when an agent thinks that two obligations A and B are equally important, but yet fails to choose one obligation over the other. Despite the fact that the systematic study and the resolution of moral conflicts finds prominence in our linguistic discourse, standard deontic logic when used to represent moral conflicts, implies the impossibility of moral conflicts. This presents (...) a conundrum for appropriate logic to address these moral conflicts. We frequently believe that there is a close connection between tolerating inconsistencies and conflicting moral obligations. In paraconsistent logics, we tolerate inconsistencies by treating them to be both true and false. In this paper, we analyze Graham Priest’s paraconsistent logic LP, and extend our examination to the deontic extension of LP known as DLP. We illustrate our work, with a classic example from the famous Indian epic Mahabharata, where the protagonist Arjuna faces a moral conflict in the battlefield of Kurukshetra. The paper aims to avoid deontic explosion and allows to accommodate Arjuna’s moral conflict in paraconsistent deontic logics. Our analysis is expected to provide novel tools towards the logical representation of moral conflicts and to shed some light on the context-sensitive paraconsistent deontic logic. (shrink)

This paper investigates Sellars's complex attitude towards idealism. It distinguishes between the epistemologically-based arguments that led many empiricists to idealism and a different set of more purely metaphysical arguments that came to dominate in German Idealism. Sellars resolutely rejects all of the epistemological arguments for idealism, but shows much greater sympathy with the metaphysical arguments. It is then argued that Sellars introduced his notion of picturing to avoid falling into such an idealism.

Since the nineteenth century, the debate around the process of professionalization of higher education has been characterized by two extreme positions. For some critics the process carries the risks of instrumentalizing knowledge and of leading the university to succumb under the demands of the market or the state; for other theorists it represents a concrete opportunity for the university to open up to the real needs of society and for reorienting theoretical and fragmented disciplines towards the resolution of concrete (...) and challenging problems. This article pursues three objectives. Firstly, we show that the debate is usefully informed not only by ideas of what a university is, but also by ideas of a profession. We suggest that both ideas help to overcome the conflict between the two afore-mentioned antagonist perspectives. Secondly, we demonstrate that a certain understanding of a profession can prevent the risk of viewing knowledge exclusively as scientific expertise and reducing training to the acquisition of technical skills. The position on professions adopted here is inspired by the Scottish philosopher Alasdair MacIntyre, whose work is instructive in understanding professions as “rational practical activities”, embedded in a social context with their own internal goods. Our third objective, therefore, is to argue, with MacIntyre, that the presence of professions within the university opens up the opportunity to rescue forms of rationality that are oriented towards action and, by implication, promotes spaces of training that are resistant to exclusively corporate or governmental interests and criteria of mere effectiveness. (shrink)

The paper intends to identify some particular basic assumptions, approaches and means of proceeding, which are spontaneously shared by philosophers, sociologists and historians of science, besides the common interchange of meta-notions describing science. To this end, the specific subject matter, scope, meta-cognitive goals and methodological background of each of the three domains of science study is first outlined. Only two shared proceedings are further discussed in details: the objective attitude, called 'playing a stranger', and the historiographers' involvement in demarcational problem (...) resolution. A far-reaching prospect is finally suggested for philosophers and historiographers: methodological partnership, leading towards the elaboration of an impending integral metatheory of science. (shrink)

Proponents of the dual-process theory claim that two distinct types of mental faculties or minds are responsible for human cognition. The first is evolutionarily old and not unique to humans but shared with other organisms. Type-1’s key feature is autonomy from cognitive capacities; hence, it does not require working memory. Type-2 is evolutionarily recent and thought to be uniquely human. Its key feature is reflective cognitive-decoupling of Type-1 processes, if warranted; and it requires working memory. Critics, however, argue that one (...) mind is sufficient to account for human cognition and propose a unimodel theory of cognition. The debate over these theories depends upon metaphysical notions concerning the nature of cognitive capacities and processes; and, how to investigate and explain them. In this paper, I explore these notions in terms of analyzing the metaphysical presuppositions of dualism and monism, and then the methodological approaches of holism and reductionism, as well as the ontological categories of organicism and physicalism, which are often unspecified and/or unexamined in the cognition debate. Clarification of these metaphysical notions and consideration of others is important for progressing towards the debate’s resolution. To that end, a plurimodel theory of cognition—based on a metaphysical presupposition and a methodological approach of pluralism and pragmatism, respectively, as well as on an ontological category of dynamical system—is introduced and discussed. (shrink)

The debate over whether the just war theory begins with a "presumption against violence" has raged among Christian ethicists for more than thirty years. One camp argues that the theory begins with a presumption against violence that can be overridden in exceptional circumstances. The other camp claims that the just war tradition instead begins with a presumption against injustice. A careful analysis of the debate, however, reveals that the term "presumption against violence" has been used in three different ways, and (...) that clarifying these usages can show the common ground in the debate and move it toward a resolution. (shrink)

Scientists of many countries in which English is not the primary language routinely use a variety of manuscript preparation, correction or editing services, a practice that is openly endorsed by many journals and scientific institutions. These services vary tremendously in their scope; at one end there is simple proof-reading, and at the other extreme there is in-depth and extensive peer-reviewing, proposal preparation, statistical analyses, re-writing and co-writing. In this paper, the various types of service are reviewed, along with authorship guidelines, (...) and the question is raised of whether the high-end services surpass most guidelines’ criteria for authorship. Three other factors are considered. First, the ease of collaboration possible in the internet era allows multiple iterations between the author(s) and the “editing service”, so essentially, papers can be co-written. Second, “editing services” often offer subject-specific experts who comment not only on the language, but interpret and improve scientific content. Third, the trend towards heavily multi-authored papers implies that the threshold necessary to earn authorship is declining. The inevitable conclusion is that at some point the contributions by “editing services” should be deemed sufficient to warrant authorship. Trying to enforce any guidelines would likely be futile, but nevertheless, it might be time to revisit the ethics of using some of the high-end “editing services”. In an increasingly international job market, awareness of this problem might prove increasingly important in authorship disputes, the allocation of research grants, and hiring decisions. (shrink)

Utilitarians take an uncritical attitude toward the sort of individual claims they seek to aggregate. In this way they cannot account for an individual's valid claim against a policy which actually maximizes aggregate satisfaction. We thus claim that utilitarianism properly functions only after conflicting claims have been adjudicated; consequently, Utilitarianism properly maximizes the satisfaction of claims judged to be valid. In such a program, Utilitarianism ceases to be considered a part of ethics, But is seen as maintaining a principle (...) of feasibility and efficiency. Finally, We briefly suggest the methods we believe to be most effective in the resolution of ethical conflict. (shrink)

Postmodern critical assessments of Freud’s theory of mourning disavow the idea of grief’s conclusiveness, insisting that mourning is an interminable process or even a transcendental structure of experience. However, such assessments presuppose an ontological orientation toward finitude that avoids the profound speculative implications of the non-finite status of death in the unconscious. In consequence, mourning comes to assume an indefinite, generic status as a condition of experience instead of a resolutely speculative confrontation with the impossible real of infinitude. Freud’s (...) writings evidence his difficulties with this unconscious disjunction of mourning from finitude, but can be elucidated by turning to Hegel’s critical discussion of “infinite grief,” the melancholy apprehension of finitude as a spurious infinity. Hegel’s analysis in turn anticipates Lacan’s elaboration of the death drive as a concept of unconscious transmission. Here, what begins to emerge is a theory of mourning that concerns the speculative inheritance of an immortal object. (shrink)

Arbitration is a preferred method for the resolution of international business disputes. As of yet, most publications on online arbitration deal with legal issues. In this paper, we present an Online arbitration environment that we believe facilitates the participants in a meaningful way. Our assumption is that an ODR service should be easy to use (convenient), and at the same time provide meaningful support. More specifically we have paid attention to four criteria that we believe are important, viz. simplicity, (...) awareness, orientation and timeliness. The online arbitration service is called GearBi. (shrink)

The author holds that the enduring achievement of the modern mind is the recognition of a sharp distinction between fact and value; this work is a history of that distinction. In separate sections devoted to the history of scientific method and the history of value theory, Hall covers the ground from the medieval period to the present. His conclusion strikes a pessimistic note; modernity, after distinguishing fact and value, has had marvelous success with the former but is in danger of (...) losing the latter altogether. Towards resolution of this difficulty, he suggests, with tantalizing brevity and obscurity, that though value statements may be emotive, we may perhaps regard emotion as a genuinely cognitive state somehow putting us in touch with real features of the world. While he writes with a pleasant down-to-earth directness, Hall never makes clear precisely what this basic cleavage between fact and value amounts to. And his history, though illuminating, is not always well-balanced; Kant as a value theorist, gets less space than either Locke or Machiavelli and only a third as much as Hobbes. Yet the book as a whole is stimulating, lively, and important.--A. C. P. (shrink)

This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial fallibility, systemic impact, (...) collaboration between branches of government and incrementalism in judging. These features, however, are relied upon in support of two conflicting views of the role of judges in public law adjudication. One is restrictive, and advocates sharp limitations to the ambit of judicial review. The other is contextual, and, in stark contrast, it proposes to expand the ambit of review in reliance on the idea of using principles of restraint to structure the exercise of judicial discretion. While this article does not take sides between them, it nonetheless seeks to refine the contextual institutional approach by outlining a general framework for reasoning with principles of restraint, and by addressing some of the key difficulties such a reasoning process would face. (shrink)

In “Race, Multiculturalism, and Democracy,” Robert Gooding-Williams offers an insight. He writes: “Our sense of ourselves and of the possibilities existing for us is, to a significant degree, a function of the descriptions we have available to us to conceptualize our intended actions and prospective lives. . . . ‘Hence if new modes of description come into being, new possibilities of action come into being in consequence.’” In this article, I discuss the philosopher’s role in the articulation of new descriptions (...) and thus new possibilities. I argue that potential modes of bold and assertive comportment are conjured when new insurrectionist descriptions are articulated within oppressed populations. To bring this to a higher resolution, I discuss the pervasiveness of dialectical conflict, the need to creatively reorient the descriptions of oppressed groups toward liberation, and the need for more than one prescriptive mode of social amelioration. (shrink)