The paper deals with relations between philosophy of religion, theology and phenomenology within the changeable structure of scientific knowledge. It is religion itself as religious life in its immediacy and almost physical reality rather than philosophical or theological knowledge as knowledge of religion, which becomes the subject matter of phenomenology. With this immediacy, potentialities of the scientific phenomenological approach are preserved because life does not remain indifferent to questions of the subject who cognizes and is open to reflexion, questions, doubts (...) and research. Phenomenology is regarded as via media, tsar's way, which combines potentialities of philosophy of religion and Christian theology. Philosophy of religion remains external and neutral to the processes, Christian theology being internal and involved in the latter. Phenomenology is used to make Christian theology at least partially accessible for philosophy of religion. In this way the role of phenomenology is intermediary and integrative. In propinquity to philosophy of religion and theology, phenomenology which serves both and enriches itself through both can be reasonably called 'vіa medіa'. (shrink)
Shelah, S., C. Laflamme and B. Hart, Models with second order properties V: A general principle, Annals of Pure and Applied Logic 64 169–194. We present a general framework for carrying out the construction in [2-10] and others of the same type. The unifying factor is a combinatorial principle which we present in terms of a game in which the first player challenges the second player to carry out constructions which would be much easier in a generic extension of the (...) universe, and the second player cheats with the aid of ♦. Section 1 contains an axiomatic framework suitable for the description of a number of related constructions, and the statement of the main theorem 1.9 in terms of this framework. In Section 2 we illustrate the use of our combinatorial principle. The proof of the main result is then carried out in Sections 3–5. (shrink)
I attempt to clarify the connection between two late texts by V.S. Solov'Ã«v: Justification of the Good and Theoretical Philosophy. Solov'Ã«v drew attention to the intrinsic connection between moral and intellectual virtues. Theoretical Philosophy is the initial -- unfinished -- sketch of the dynamism of mind seeking truth as a good. I sketch several parallels and analogies between the doctrine of moral experience set out in Justification and the account of the intellect's dynamism based on immediate certitude set out in (...) Theoretical Philosophy. Solov'Ã«v can thus be considered as a âvirtue epistemologistâ in the current meaning given to this description. I conclude by suggesting that Solov'Ã«v's position on these questions does not easily cohere with the âimpersonalismâ he appears to defend in Theoretical Philosophy. (shrink)
We will outline the contributions of A.V. Kuznetsov to modal logic. In his research he focused mainly on semantic, i.e. algebraic, issues and lattices of extensions of particular modal logics, though his proof of the Full Conservativeness Theorem for the proof-intuitionistic logic KM (Theorem 17 below) is a gem of proof-theoretic art.
This Companion brings together a team of leading figures in contemporary philosophy to provide an in-depth exposition and analysis of Quine’s extensive influence across philosophy’s many subfields, highlighting the breadth of his work, and revealing his continued significance today. Provides an in-depth account and analysis of W.V.O. Quine’s contribution to American Philosophy, and his position as one of the late twentieth-century’s most influential analytic philosophers Brings together newly-commissioned essays by leading figures within contemporary philosophy Covers Quine’s work across philosophy of (...) logic, philosophy of language, ontology and metaphysics, epistemology, and more Explores his work in relation to the origins of analytic philosophy in America, and to the history of philosophy more broadly Highlights the breadth of Quine’s work across the discipline, and demonstrates the continuing influence of his work within the philosophical community. (shrink)
Alexej Remizov is usually regarded by literary critics as a Symbolist rather than a Futurist writer. However, I would posit that Remizov similarly to the Futurists viewed language as “logos,” bozhestvennii glagol. According to the mystical interpretation of the famous words “At the beginning there was Word and the Word was with God and the Word was God”, when God was creating the world he named the objects, and these abstract names became a force for the appearance of an object (...) in physical reality. In the light of these words, The Medieval mystical and magical philosophers claimed that one could restore the divine language of Creation, possess the ability to create objects anew, and thereby become Creator himself. One can argue that a major goal of Remizov was similar to that of hisMedieval predecessors: to reveal the mystical power of language in order to create, not to describe reality. The paper analyzes three chapters from Alexej Remizov’s Rossiya v pis’menah, a book which can be read as a manifesto of Remizov’s attitude toward language and reality, and discuss possible sourcesthat might have influenced Remizov in his attitude towards language. (shrink)
A remarkable phenomenon in our present-day culture has been the broad interest shown in the history of Russian thought, which is continually, and sometimes even from unexpected quarters, showing itself to be of topical interest. Recently, and particularly in connection with the publication of the works of N. F. Fedorov, there has been an exchange of opinions in the pages of various journals with regard to the essence of his philosophical views, revealing not merely conflicting, but in a number of (...) cases mutually exclusive assessments of those views. (shrink)
The fifth century BC is one of the most brilliant of Greek history. Pericles, as the leader of a splendid Athens, promoted the entry into his polis of the new scientific movement that until then had developed primarily in Ionia and in the Italian peninsula. However, their research raised suspicions among the Athenians, who regarded it as a risk for traditional religion. In spite of the somewhat flexible and plural character of the Greek religion, in this period three famous trials (...) took place in which different philosophers were tried for impiety: Anaxagoras, Protagoras and Socrates. The controversy between religion and philosophy can lead us to an oversimplification of the facts. Thus, several modern scholars have understood philosophy as an exorcism of myth and therefore as something necessarily guiding to a progressive elimination of the divine from the worldview. We intend to interpret this conflict only as a change in understanding of the divinity, rather than a suppression of it. This has, of course, effects on religion, but it does not drag inevitably to irreligion. (shrink)
Despite the renewed interest in Aristotle’s Generation of Animals in recent years, the subject matter of GA V, its preferred mode(s) of explanation, and its place in the treatise as a whole remain misunderstood. Scholars focus on GA I-IV, which explain animal generation in terms of efficient-final causation, but dismiss GA V as a mere appendix, thinking it to concern (a) individual, accidental differences among animals, which are (b) purely materially necessitated, and (c) are only tangentially related to the topics (...) discussed in the earlier books. In this paper, we defend an alternative and more integrated account of GA V by closely examining Aristotle’s methodological introduction in GA V.1 778a16-b19 and his teleological explanation of the differences of teeth in GA V.8. We argue for the unity of both GA V and of GA as a whole and present a more nuanced theory of teleological explanation in Aristotle’s biology. (shrink)
A partir del estudio comparativo de dos obras –el eje del análisis lo constituye el "Iusnaturalismo y Ética Moderna" de Grocio, uno de los cuatro autores explícitamente reconocidos cono fuentes por Vico, de quien Lomonaco escoge la quinta prolusión de apertura de curso en la Universidad de Nápoles– se destacan las interrelaciones que, necesariamente, han de conectar la reflexión filosófica y la práctica juridica, ámbitos entre los cuales median siempre delicadas cuestiones de carácter ético que están, además, inevitablemente impregnadas de (...) historicidad. Se trata, pues, de apuntar algunas ideas acerca del tema "derecho-naturaleza-historia" que, desde la óptica grociana-viquiana, supone incluso una transformación de modelos antropológicos a través del tamiz de un humanismo universalista.From the study of two works –although the core of the analysis is based on Grocio’s "Iusnaturalism and Modern Ethics", an author whom Vico explicitly acknowledges as one of his sources– the interconnections between philosophical reflection and legal practice are emphasized. The aim is to outline some ideas about the problems involved with the wide relationship between "law-nature-history", which from the Grocian-Vichian point of view lead to a deep transformation of anthropological patterns along the lines of the Universalist humanism’s principles. (shrink)
Originally published in 1934, this book contains the last three books of the Latin text of Cicero's Disputations at Tusculum, the second volume of Dougan's two-volume critical edition of the text. The Latin is accompanied by a running commentary, and Dougan provides an introduction on the arguments contained in the books and the manuscript sources for the text. This book will be of value to anyone with an interest in the works of Cicero.
Carneades is an open source argument mapping application and a programming library for building argumentation support tools. In this paper, Carneades’ support for argument reconstruction, evaluation and visualization is illustrated by modeling most of the factual and legal arguments in Popov v Hayashi.
The U.S.Supreme Court's 6-decision in Gonzales v. Oregon is the latest defeat for the Bush administration in its sustained attack on Oregon's physician-assisted suicide law. Both the majority opinion and the major dissent in Oregon provide an opportunity to assess the dangers inherent in allowing a political agenda that emphasizes the sanctity of life and minimizes professional ethical obligations to overshadow quality patient care at the end of life.
This paper offers an interpretation of Plato's argument in Republic V that lovers of sights and sounds can have only opinion, and philosophers alone have legitimate claims to knowledge. The argument depends on the idea that knowledge is "set over what is" while mere opinion is "set over what is and is not." I argue for an enhanced veridical interpretation of 'to be' in this passage, on which 'what is' means, roughly, "what is so." Given a distinction between what is (...) so independently of how things seem and what is so partly in virtue of how things seem, I interpret the argument as an attempt to show that philosophers, who attend to what is so independently of how things seem, have knowledge, while the lovers of sights and sound have mere opinion because they attend not to how things are independently of how they seem, but only to how they are in virtue of how they seem. (shrink)
The paper raises the question of the relationship between the description of the soul as logos and the description of its cognitive activities as logismos in Plotinus’ Enneads V, 1  et IV, 3 . It first offers an interpretation of the definition of the soul as a logos of the intellect in V, 1 . Then it scrutinises the use of the terms logismos and logizesthai in the same treatise and compares it to a similar use of these terms (...) in IV, 3 . In both treatises, these terms refer to two distinct cognitive activities of the soul, one of which is the activity of a soul remaining in the intelligible realm and contemplating the cognitive contents of the divine intellect, while the other one denotes the defective cognitive activity of an embodied soul. In its concluding section the paper deals with Plotinus’ explanation, in IV, 3 , 30, of how the accomplished cognitive activity atthe level of the soul as logos of the intellect becomes a defective logismos at the level of an embodied soul. The author stresses the role of the embodied soul’s faculty of representation. (shrink)
We have conducted an experimental study of V-type electromagnetically induced transparency in sodium. Its principles are elucidated by a simple model. Measurements show decreased fluorescence and absorption depending on the detuning of the driving and probe fields, which is in agreement with the results of numerical simulation.
These arguments are fairly well known today. It is interesting to note that v. Kries already knew them, and that they have been ignored by Reichenbach and v. Mises in their original account of probability.2This observation leads to the interesting question why the frequency theory of probability has been adopted by many people in our century in spite of severe counterarguments. One may think of a change in scientific attitude, of a scientific revolution put forward by Feyerabendarian propaganda- and who (...) would deny that Reichenbach was an excellent propagandist!My suggested explanation is the following:J. v. Kries is still a mentalist in the tradition of Descartes and Locke. This can be shown very well from his logic, which he wrote even much later (1916). A mentalist does not pose semantical questions in a proper sense: he rather asks which ideas in the human mind make up a concept. And studying probability in this way, he will find in any case that what is in the human mind is first of all an expectation. Therefore, his analysis of the concept of probability will be centered around the concept of expectation.People tended to approach the problem in quite a different way after the scientific revolution which led from mentalism to lingualism. They tended in many cases to use operationalism and to ask how probabilities are determined in science, if they wanted to clear up the meaning of probability. This new aspect of probability, which was caused by looking at it from a new position or standpoint, suggested it to be the limit of relative frequencies in the first instance. This suggestion was so strong that all objections were ignored, and all counterarguments encountered deaf ears.Of course I have used here an oversimplification. Neither was J. v. Kries untouched by Poincaré's conventionalism, which is essentially a movement leading to the breakdown of mentalism; nor was Reichenbach, when he wrote his thesis in 1915, already a lingualist in any respect.Nevertheless, I think that the lingualist revolution, which took place particularly in mathematics and physics, has also changed the attitude towards probability. It would be interesting to corroborate this thesis by extensive study of the history of science in the late 19th century.Besides this historical aspect of v. Kries' theory, there is a systematic one which should be noticed. Though his theory still has a mentalist outlook, many of v. Kries' statements can be translated into the present lingualist idiom and then become most interesting contributions to the present discussion. We shall then state that for v. Kries probabilities appear first of all in probabilistic hypotheses which may or may not be confirmed by empirical data. Therefore, they have a role similar to theoretical concepts.3But that is not the only predominant feature of v. Kries' theory. He is approaching objective probability in a way which is quite unfamiliar to present day philosophers or mathematicians. Objective probabilities are connected with other concepts in three different ways. First of all, probabilistic hypotheses are confirmed by empirically found relative frequencies in a finite series of events. Secondly, they serve as an aid for decisions. And finally, there is a third relationship. Probabilities have to be explained by theories which are in many cases not formulated in probabilistic terms themselves. We can try to understand probability in one of the first two ways via their connection to other concepts. That is what is usually done by interpretations in terms of frequencies or decisions. A third approach, however, is to understand the nature of probability by the way probabilities are explained, and that is what v. Kries does. Such an approach does not seem unusual at all. In many cases the nature of a kind of objects is characterized by giving an explanation. If somebody asks what an eclipse of the moon is, we shall answer - as Aristotle already proposed - by giving an explanation of it. Thus it is quite natural to answer a question as to the nature of probability by describing the general type of explanation of probability distributions in natural or social science. The answer given by v. Kries is - as we know today — of limited validity. Quantum mechanical probabilities are not explainable by Spielräume. V. Kries solution, however, is remarkable in one important respect. It accounts for the time direction of objective probabilities, which are always predictive or forward probabilities, while retrodictive or backward probabilities are always subjective. The relation of objective probabilities to time direction is surely of utmost importance for natural philosophy. I do not know of any other philosophical foundation of probability which takes into account this deep-rooted relation. Therefore, v. Kries' interpretation may help us to understand one of the most intricate puzzles of philosophy. It may be nearly one hundred years old, but is by no means out of date. (shrink)
. John V. Apczynski, while presenting a helpful analysis of Wolfhart Pannenberg and Michael Polanyi, does not succeed in showing that Pannenberg’s theology is incoherent. Contrary to Apczynski, I hold that Pannenberg’s concern for theoretic assertions is not extrinsic but intrinsic and central to his program. Moreover, this concern does not rest directly upon the cultural dominance of impersonal knowing but is a countering of the theological overreaction against it. Polanyi has pioneered the critique of impersonal knowledge, but in Pannenberg’s (...) judgment much theology tends to espouse too cheaply the Polanyian elevation of faith as ground of knowing. Pannenberg, while appreciating the relative justification of Polanyi’s work, is attempting to thematize afreshâin interesting contrast to Polanyi and, for instance, Paul Tillichâthe public, rational structure of faith. (shrink)
This article proposes an interpretation of the chapters of the Nicomachean Ethics concerning exchange and friendship. Rejecting approaches where Aristotleanticipates modern labour or need-based theories of value, the article claims that those notions of labour and need are required for a satisfactory interpretation of the most obscure passages of Book V Finally, Aristotle’s texts on exchange and friendship are related in such a way that the latter, since it is free from any political considerations, allows us to better understand the (...) philosopher’s view on exchange. (shrink)
We investigate electromagnetically induced transparency and Autler–Townes splitting in a superconducting quantum circuit with a four-level V-type energy spectrum constructed by two coupled superconducting charge qubits. We show that it is possible for this four-level superconducting system to exhibit multiple dips in the absorption spectrum of a probe field, with at most three dips resulting from a combination of two ATS subsystems, which indicates the breakdown of the traditional correspondence between a \\) -level system and \ dips. It is also (...) shown that the switching from EIT to ATS can be realized in a three-level ladder-type subsystem. (shrink)
In international commodity transactions, intermediary certifiers of quantity and quality play a crucial role. Sometimes they err, and when they do, the aggrieved party can pursue remedies against the counterparty or against the intermediary, either in contract or tort. The remedy against the intermediary has depended, at least in part, on whether the plaintiff was in privity. Even absent privity, the aggrieved party could possibly recover in tort. So held Cardozo in the leading New York case Glanzer v. Shepard. Section (...) I of this paper reviews the Glanzer litigation, with special emphasis on how the court suppressed many of the significant facts. Section II then turns to restitution by the principals. Section III explores the courts’ general hostility to intermediaries’ attempts to limit their liability by contract, and Section IV considers the judiciary’s sporadic efforts to place extra-contractual limits on intermediaries’ liability. Section V examines the surveyors’ response. (shrink)
In this article the argumentation structure of the court’s decision in the Popov v. Hayashi case is formalised in Prakken’s (Argument Comput 1:93–124; 2010) abstract framework for argument-based inference with structured arguments. In this framework, arguments are inference trees formed by applying two kinds of inference rules, strict and defeasible rules. Arguments can be attacked in three ways: attacking a premise, attacking a conclusion and attacking an inference. To resolve such conflicts, preferences may be used, which leads to three corresponding (...) kinds of defeat, after which Dung’s (Artif Intell 77:321–357; 1995) abstract acceptability semantics can be used to evaluate the arguments. In the present paper the abstract framework is instantiated with strict inference rules corresponding to first-order logic and with defeasible inference rules for defeasible modus ponens and various argument schemes. The main techniques used in the formal reconstruction of the case are rule-exception structures and arguments about rule validity. Arguments about socio-legal values and the use of precedent cases are reduced to arguments about rule validity. The tree structure of arguments, with explicit subargument relations between arguments, is used to capture the dependency relations between the elements of the court’s decision. (shrink)
The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to populate the ontology. A populated ontology is a case base which can be used for information retrieval, information extraction, and case based reasoning. The ontology contains not only (...) elements for indexing the case (e.g. the parties, jurisdiction, and date), but as well elements used to reason to a decision such as argument schemes and the components input to the schemes. We use the Protégé ontology editor and knowledge acquisition system, current guidelines for ontology development, and tools for visual and linguistic presentation of the ontology. (shrink)
The “hypervigilance, escape, struggle, tonic immobility” evolutionarily hardwired acute peritraumatic response sequence is important for clinicians to understand. Our commentary supplements the useful article on human tonic immobility (TI) by Marx, Forsyth, Gallup, Fusé and Lexington (2008). A hallmark sign of TI is peritraumatic tachycardia, which others have documented as a major risk factor for subsequent posttraumatic stress disorder (PTSD). TI is evolutionarily highly conserved (uniform across species) and underscores the need for DSM-V planners to consider the inclusion of evolution (...) theory in the reconceptualization of anxiety and PTSD. We discuss the relevance of evolution theory to the DSM-V reconceptualization of acute dissociativeconversion symptoms and of epidemic sociogenic disorder(epidemic “hysteria”). Both are especially in need of attention in light of the increasing threat of terrorism against civilians. We provide other pertinent examples. Finally, evolution theory is not ideology driven (and makes testable predictions regarding etiology in “both directions”). For instance, it predicted the unexpected finding that some disorders conceptualized in DSM-IV-TR as innate phobias are conditioned responses and thus better conceptualized as mild forms of PTSD. Evolution theory may offer a conceptual framework in DSM-V both for treatment and for research on psychopathology. (shrink)
Assuming large cardinals we produce a forcing extension of V which preserves cardinals, does not add reals, and makes the set of points of countable V cofinality in κ+ nonstationary. Continuing to force further, we obtain an extension in which the set of points of countable V cofinality in ν is nonstationary for every regular ν ≥ κ+. Finally we show that our large cardinal assumption is optimal.
Our aim in this article is to provide a counterbalance to the substantial body of academic opinion supportive of the decision in the medical non-disclosure case of Chester v Afshar  UKHL 41,  1 AC 134, while at the same time identifying some misconceptions that have arisen about the case. Our critique is consistent with the reasoning of the High Court of Australia in its recent decision in Wallace v Kam  HCA 19, (2013) 87 ALJR 648. The article (...) is divided into three sections. In the first section, we argue that the decision in Chester was a departure from orthodox negligence principles. In the second section, we critically examine the autonomy-based justification the majority in Chester gave for departing from those principles. And in the third section we consider a number of alternative ways in which protection could be given to the autonomy interests at stake in medical non-disclosure cases. Several more general points relating to the autonomy concept and the scope of liability doctrine in negligence law emerge from our critique. Our analysis also suggests that negligence law is ill-suited to the task of providing an appropriate legal solution to the problem of medical non-disclosure. (shrink)
In May 2012, in A Local Authority v E and Others,' a best interests ruling was made under the Mental Capacity Act 2005 to coercively treat a severely anorexic woman, E, against her will. The best interests decision was purportedly reached through a process of judicialbalancing; however there is something deeply unsatisfactory about this account. This commentary delves beyond the expressed balancing method and applies the tools of philosophical hermeneutics to both understand and challenge the best interests ruling in A (...) Local Authority v E and Others. First, the hermeneutic concept of 'prejudice' makes explicit the implicit judgments determining the best interests decision in this case. Secondly the commentary challenges the best interests decision in two ways: the hermeneutic emphasis on dialogical understanding provides grounds for questioning the judge's failure to integrate the views of E and her wider decision community ; the ruling could be deemed invalid due to the implicit application of a status-based rather than statutory functional test to assess E's current and retrospective capacity. (shrink)
ABSTRACT: This article proposes an interpretation of the chapters of the Nicomachean Ethics concerning exchange and friendship. Rejecting approaches where Aristotle anticipates modern labour or need-based theories of value, the article claims that those notions of labour and need are required for a satisfactory interpretation of the most obscure passages of Book V Finally, Aristotle’s texts on exchange and friendship are related in such a way that the latter, since it is free from any political considerations, allows us to better (...) understand the philosopher’s view on exchange. (shrink)
The United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.Now a complaint must provide enough facts to state a claim to relief that is plausible (...) on its face. Only decided last May, Bell Atlantic has been cited in over 3,700 cases. Already being described as a landmark decision, Bell Atlantic nonetheless has lawyers and judges scratching their heads over the precise pleading standard to apply in its wake. As the Second Circuit (mildly) put it, Considerable uncertainty concerning the standard for assessing the adequacy of pleadings has recently been created by the Supreme Court's decision in Bell Atlantic Corp. v. Twombly. Just what is a plausible showing that the pleader is entitled to relief under Rule 8(a)(2)?I believe an answer lies in the 26-year-old decision of the Former Fifth Circuit in In re Plywood Antitrust Litigation. Plywood Antitrust requires, at a minimum, that a complaint . . . contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory. Already used in more than half the circuits, this standard paraphrases advice found in the venerable WRIGHT & MILLER for nearly 40 years.Properly applied, this all . . . material elements standard satisfies Bell Atlantic's plausibility requirement in all respects. The Plywood Antitrust pleading standard works well after Bell Atlantic, first, because the Supreme Court referred to the standard, albeit parenthetically, with approval in Bell Atlantic. Second, it does much to harmonize the Federal Rules' goal of dispensing with pleading technicalities while still requiring enough general factual information about a pleader's claim to make the notice in notice pleading meaningful. Finally, and perhaps most importantly, it gives lawyers, litigants, and courts a standard they can actually use when drafting, or assessing the sufficiency of, pleadings. (shrink)
The paper examines V. Nabokov's "strange" novel ''Bend Sinister". The fictional space of the novel is regarded as a process of interaction of different languages or different versions of reality. The philosopher Krug's story unrolls in the imaginary totalitarian state whose ideology combines the elements of fascism, communism and the language of mass psychology. At this level the text is identical with a "social message". The protagonist has to choose between a "private autonomy" and a "bad solidarity". The paper offers (...) the new facts and documents referring to the key symbols of the novel. The language of ''reality'' is deconstructed in the protagonist's idiosyncratical language, the language of his thoughts, recollections and dreams. Scientific metaphors are crucial in thedeconstruction and help to reveal metafictional nature of the text. The analogies with painting, relativist physics, logical paradoxes pemits to investigate the status of the fictional space, its development in time and the fiction of the Author. (shrink)
It has long been the position in law that, subject to some minor but important exceptions, property cannot be held in the human body, whether living or dead. In the recent case of Yearworth and Others v North Bristol NHS Trust, however, the Court of Appeal for England and Wales revisited the property debate and threw into doubt a number of doctrines with respect to property and the body. This brief article analyses Yearworth, (1) reviewing the facts and the Court’s (...) decision with respect to the originators’ proprietary and contractual interests in their body and bodily products, (2) considering the significance of relying on property and its use a legal metaphor, (3) questioning the scope of the property right created, and (4) querying whether an alternate conceptual approach to extending rights and a remedy was warranted. It concludes that, while Yearworth engages with, and impacts on, important theoretical and practical issues—from legal, healthcare and research perspectives—it does not offer a great deal of guidance and, for that reason, its precedential significance is in doubt. (shrink)
Some recent commentators have acquiesced in the efforts of some religious groups to co-opt concepts of morality, thus leading many—inappropriately, I believe—to think we must keep all morality out of our civic life and especially out of the reasoning in our legal system. I review examples of the confusion in characterizing the 2003 Lawrence v. Texas decision as a conflict between constitutional rights and religious moral precepts. I argue that this approach capitulates to particular views of morality as religious morality. (...) I consider the appeals to morality in the dissent and the ensuing confusion among commentators about the significance ofthis opinion. I review alternate readings of the Lawrence majority opinion, including proposals that it be considered from the perspectives of the ethicalframeworks of Locke, Mill, or Kant. (shrink)