In the conclusion to this multi-part article I first review the discussions carried out around the six essential questions in psychiatric diagnosis – the position taken by Allen Frances on each question, the commentaries on the respective question along with Frances’ responses to the commentaries, and my own view of the multiple discussions. In this review I emphasize that the core question is the first – what is the nature of psychiatric illness – and that in some manner all further (...) questions follow from the first. Following this review I attempt to move the discussion forward, addressing the first question from the perspectives of natural kind analysis and complexity analysis. This reflection leads toward a view of psychiatric disorders – and future nosologies – as far more complex and uncertain than we have imagined. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM – whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part 1 of this article took up the first two questions. Part 2 took up the second two questions. Part 3 now deals with Questions 5 & 6. Question 5 confronts the issue of utility, whether the manual design of DSM-III and IV favors clinicians or researchers, and what that means for DSM-5. Our final question, Question 6, takes up a concluding issue, whether the acknowledged problems with the earlier DSMs warrants a significant overhaul of DSM-5 and future manuals. As in Parts 1 & 2 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article will take up the first two questions. With the first question, invited commentators express a range of opinion regarding the nature of psychiatric disorders, loosely divided into a realist position that the diagnostic categories represent real diseases that we can accurately name and know with our perceptual abilities, a middle, nominalist position that psychiatric disorders do exist in the real world but that our diagnostic categories are constructs that may or may not accurately represent the disorders out there, and finally a purely constructivist position that the diagnostic categories are simply constructs with no evidence of psychiatric disorders in the real world. The second question again offers a range of opinion as to how we should define a mental or psychiatric disorder, including the possibility that we should not try to formulate a definition. The general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article took up the first two questions. Part II will take up the second two questions. Question 3 deals with the question as to whether DSM-V should assume a conservative or assertive posture in making changes from DSM-IV. That question in turn breaks down into discussion of diagnoses that depend on, and aim toward, empirical, scientific validation, and diagnoses that are more value-laden and less amenable to scientific validation. Question 4 takes up the role of pragmatic consideration in a psychiatric nosology, whether the purely empirical considerations need to be tempered by considerations of practical consequence. As in Part 1 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

The Covid-19 crisis has clarified the demand for an ultra-brief single-session, online, theory-led, empirically supported, psychological intervention for managing stress and improving well-being, especially for people within organizational settings. We designed and delivered “4Ds for Dealing with Distress” during the crisis to address this need. 4Ds unifies a spectrum of familiar emotion regulation strategies, resilience exercises, and problem-solving approaches using perceptual control theory and distils them into a simple four-component rubric. In essence, the aim is to reduce distress and restore (...) wellbeing, both in the present moment through current actions, and through expressing longer-term goal conflicts to discover new perspectives that arise spontaneously after sufficient time and consideration. The intervention is user-led in that it draws on users’ own idiosyncratic and pre-existing experiences, knowledge, skills and resources to help them apply an approach, or combination of approaches, that are proportionate and timed to the nature and context of the stress they are experiencing. In this article we review the empirical basis of the approach within experimental, social, biological and clinical psychology, illustrate the novel and time-efficient delivery format, describe its relevance to sports and exercise, summarise feedback from the recipients of the intervention to date, and describe the directions for future evaluation. (shrink)

In this book, Yael Greenberg discusses and clarifies a number of controversial issues and phenomena in the generic literature, including the existence of ...

What is it for a picture to depict a scene? The most orthodox philosophical theory of pictorial representation holds that depiction is grounded in resemblance. A picture represents a scene in virtue of being similar to that scene in certain ways. This essay presents evidence against this claim: curvilinear perspective is one common style of depiction in which successful pictorial representation depends as much on a picture's systematic differences with the scene depicted as on the similarities; it cannot be analyzed (...) in terms of similarity alone. The same problem arises for many other kinds of depiction. The essay concludes that depiction in general is not grounded in resemblance but geometrical transformation. (shrink)

This book examines the use, principally in economics, of the concept of the invisible hand, centering on Adam Smith. It interprets the concept as ideology, knowledge, and a linguistic phenomenon. It shows how the principal Chicago School interpretation misperceives and distorts what Smith believed on the economic role of government. The essays further show how Smith was silent as to his intended meaning, using the term to set minds at rest; how the claim that the invisible hand is the foundational (...) concept of economics is repudiated by numerous leading economic theorists; that several dozen identities given the invisible hand renders the term ambiguous and inconclusive; that no such thing as an invisible hand exists; and that calling something an invisible hand adds nothing to knowledge. Finally, the essays show that the leading doctrines purporting to claim an invisible hand for the case for capitalism cannot invoke the term but that other nonnormative invisible hand processes are still useful tools. (shrink)

In this paper, I argue that there is a picture of how law works that most legal theorists are implicitly committed to and take to be common ground. This Standard Picture (SP, for short) is generally unacknowledged and unargued for. SP leads to a characteristic set of concerns and problems and yields a distinctive way of thinking about how law is supposed to operate. I suggest that the issue of whether SP is correct is a fundamental one for the philosophy (...) of law, more basic, for example, than the issue that divides legal positivists and anti-positivists, at least as the latter issue is ordinarily understood. The goals of the paper are fourfold: 1) to identify and articulate in some detail the Standard Picture; 2) to show that SP is widely held and has important consequences for other debates in the philosophy of law; 3) to show that SP leads to a serious theoretical problem; 4) to sketch an alternative picture that promises to avoid this problem. I emphasize the modesty of these goals in one respect. I make no claim to refute SP or to fully develop and defend an alternative picture. (shrink)

I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...) statutes, judicial decisions, and other practices cannot themselves determine the content of the law. A full account must appeal to considerations independent of the practices that determine the relevance of the practices to the content of the law. Normative facts are the best candidates. (shrink)

Thanks to his unsurpassed eye and his fearless willingness to take a stand, Clement Greenberg (1909 1994) became one of the giants of 20th century art criticism a writer who set the terms of critical discourse from the moment he burst onto the scene with his seminal essays Avant Garde and Kitsch (1939) and Towards a Newer Laocoon (1940). In this work, which gathers previously uncollected essays and a series of seminars delivered at Bennington in 1971, Greenberg provides (...) his most expansive statement of his views on taste and quality in art, arguing for an esthetic that flies in the face of current art world fashions. Greenberg insists despite the attempts from Marcel Duchamp onwards to escape the jurisdiction of taste by producing an art so disjunctive that it cannot be judged that taste is inexorable. He argues that standards of quality in art, the artist's responsibility to seek out the hardest demands of a medium, and the critic's responsibility to discriminate, are essential conditions for great art. The obsession with innovation the epidemic of newness leads, in Greenbergs view, to the boringness of so much avant garde art. He discusses the interplay of expectation and surprise in aesthetic experience, and the exalted consciousness produced by great art. Homemade Esthetics allows us particularly in the transcribed seminar sessions, never before published to watch the critics mind at work, defending (and at times reconsidering) his theories. His views, often controversial, are the record of a lifetime of looking at and thinking about art as intensely as anyone ever has. (shrink)

CRS says that the meanings of expressions of a language or other symbol system or the contents of mental states are determined and explained by the way symbols are used in thinking. According to CRS one.

This Companion presents both an introduction to the history of the ancient philosophical school of Epicureanism and also a critical account of the major areas of its philosophical interest. Chapters span the school's history from the early Hellenistic Garden to the Roman Empire and its later reception in the Early Modern period, introducing the reader to the Epicureans' contributions in physics, metaphysics, epistemology, psychology, ethics and politics. The international team of contributors includes scholars who have produced innovative and original research (...) in various areas of Epicurean thought and they have produced essays which are accessible and of interest to philosophers, classicists, and anyone concerned with the diversity and preoccupations of Epicurean philosophy and the state of academic research in this field. The volume emphasises the interrelation of the different areas of the Epicureans' philosophical interests while also drawing attention to points of interpretative difficulty and controversy. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

Moral Status asks what creates moral obligations toward entities. Warren’s thesis is that attempts to ground moral status on a single criterion have been unsuccessful, as they inevitably lead to Procrustean measures to fit diverse values into a single mold. She proposes instead a “multi-criterial’ approach that promises to accommodate these values. In so doing, she expands and generalizes on a strategy she uses quite successfully in her 1990 article “The Moral Significance of Birth” to show why a personhood (...) approach to abortion need not imply the moral permissibility of infanticide. (shrink)

The present article attempts to evaluate various tenets of moral philosophy by reviewing empirical data from the field of organizational justice bearing on: (a) people''s concerns about fairness in organizations, and (b) the consequences of following or not following rules of justice. With respect to concerns about fairness in organizations, utilitarian claims that people believe that fairness requires distributions of reward based on merit were assessed. Similarly, evidence was reviewed bearing on the claim of psychological egoists that judgments of fairness (...) reflect a self-interested bias. Finally, Kant''s view that people should never lie was evaluated in light of evidence describing people''s actual attitudes toward lying. In all three cases, the underlying philosophical premises were concluded to be overly simplistic in view of complexities about human nature revealed in empirical research. In addition, evidence was reviewed that shed light on the teleological claims of utilitarians regarding the purported benefits of following two common organizational practices — using merit-based pay, and punishing harmdoers. Here, too, the empirical evidence (findings that these techniques do not consistently yield the greatest good for the greatest number) suggests that the premise underlying utilitarian thought is based on unfounded, overly simplistic assumptions about the effects of following various allegedly moral ideas. It is concluded that our analyses provide a useful first step toward the desired goal of business ethicists of integrating prescriptive and descriptive approaches to justice. (shrink)

The prevailing interpretation of Kant’s _First Critique _in Anglo-American philosophy views his theory of a priori knowledge as basically a theory about the possibility of empirical knowledge, or the a priori conditions for that possibility. Instead, Robert Greenberg argues that Kant is more fundamentally concerned with the possibility of a priori knowledge—the very possibility of the possibility of empirical knowledge in the first place. Greenberg advances four central theses: the _Critique_ is primarily concerned about the possibility, or relation (...) to objects, of a priori_,_ not empirical knowledge, and Kant’s theory of that possibility is defensible; Kant’s transcendental ontology must be distinct from the conditions of the possibility of a priori knowledge; the functions of judgment, in Kant’s discussion of the Table of Judgments, should be seen according to his transcendental logic as having content, not as being just logical forms of judgment making; Kant’s distinction between and connection of ordering relations and reference relations have to be kept in mind to avoid misunderstanding the _Critique_. At every step of the way Greenberg contrasts his view with the major interpretations of Kant by commentators like Henry Allison, Jonathan Bennett, Paul Guyer, and Peter Strawson. Not only does this new approach to Kant present a strong challenge to these dominant interpretations, but by being more true to Kant’s own intent it holds promise for making better sense out of what have been seen as the _First Critique_’s discordant themes. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...) parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

The business of cognitive therapy is to transform meanings. What better way to achieve this than through a metaphor? Metaphors straddle two different domains at once, providing a conceptual bridge from a problematic interpretation to a fresh new perspective that can cast one's experiences in a new light. Even the simplest metaphor can be used again and again with different clients, yet still achieve the desired effect. This book is the first to show just how metaphors can be used productively (...) in CBT as an integral part of the treatment. It describes the use of metaphors for a wide range of problems, including anxiety and depression, and provides countless examples of metaphors that have been used by others in CBT. It brings together in one place hundreds of metaphors that experienced therapists have used to great success. It will be a valuable sourcebook for all cognitive behaviour therapists, as well as those training in CBT. (shrink)

In this paper, I deploy an argument that I have developed in a number of recent papers in the service of three projects. First, I show that the most influential version of legal positivism – that associated with H.L.A. Hart – fails. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement, it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine the (...) legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). I show that the Hartian account is unable to meet this requirement. That officials accept a rule of recognition does not by itself constitute a reason why the standards specified in that rule are part of the law of the community. I argue that it is false that understanding the explanatory significance of officials’ acceptance of a rule is part of our reflective understanding of the nature of law. The second project of the paper is to respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide reasons for legal facts than descriptive facts alone. A unifying theme of the objections is that explanations have to stop somewhere; descriptive facts, it is suggested, are no worse a stopping place than normative facts. Third, the paper spells out a consequence of the rational-relation requirement: if an account of what, at the most basic level, determines legal facts is true in any possible legal system, it is true in all possible legal systems. For example, if a Hartian account of legal facts is true in any possible legal system, it is true in all possible legal systems. I use this all-or-nothing result in my critique of a Hartian account, but the result is of interest in its own right. (shrink)

We show that the class of strongly jump-traceable c.e. sets can be characterised as those which have sufficiently slow enumerations so they obey a class of well-behaved cost functions, called benign. This characterisation implies the containment of the class of strongly jump-traceable c.e. Turing degrees in a number of lowness classes, in particular the classes of the degrees which lie below incomplete random degrees, indeed all LR-hard random degrees, and all ω-c.e. random degrees. The last result implies recent results of (...) Diamondstone's and Ng's regarding cupping with superlow c.e. degrees and thus gives a use of algorithmic randomness in the study of the c.e. Turing degrees. (shrink)

We prove that degrees that are low for Kurtz randomness cannot be diagonally non-recursive. Together with the work of Stephan and Yu [16], this proves that they coincide with the hyperimmune-free non-DNR degrees, which are also exactly the degrees that are low for weak 1-genericity. We also consider Low(M, Kurtz), the class of degrees a such that every element of M is a-Kurtz random. These are characterised when M is the class of Martin-Löf random, computably random, or Schnorr random reals. (...) We show that Low(ML, Kurtz) coincides with the non-DNR degrees, while both Low(CR, Kurtz) and Low(Schnorr, Kurtz) are exactly the non-high, non-DNR degrees. (shrink)

Research on ethical norms has grown in recent years, but imprecise language has made it unclear when these norms prescribe “what ought to be” and when they merely describe behaviors or perceptions (“what is”). Studies of ethical norms, moreover, tend not to investigate whether participants were influenced by the prescriptive aspect of the norm; the studies primarily demonstrate, rather, that people will mimic the behaviors or perceptions of others, which provides evidence for the already well-substantiated social proof theory. In this (...) review article, we delineate three streams of norms research in business ethics: behavioral, perceptual, and prescriptive. We argue that by properly categorizing norms, and designing studies to investigate when prescriptions, more than mere mimicry, improve ethical outcomes in organizations, researchers can enhance managers’ efforts to promote ethical outcomes in organizations. (shrink)

In a recent paper, I launch an attack on a fundamental doctrine of legal positivism. I argue that nonnormative facts cannot themselves constitutively determine the content of the law. In a response published in this journal, Ram Neta defends the view that nonnormative social facts are sufficient to determine normative facts, including both moral and legal facts. Neta's paper provides a useful opportunity to address a spelled-out version of this view, which in various forms is widely held in philosophy of (...) law and other areas of philosophy. I begin by addressing Neta's attempts to show that descriptive facts can alone determine moral and legal facts. First, Neta's account of why it is wrong to break promises fails. In addition to other problems, it begs the question by taking for granted that a person's desires or other motivational states necessarily justify the actions that they motivate. Next, I turn to Neta's attempt to provide a counterexample to my view about law. In my original paper, I claim that the nature of the constitutive determination relation in the legal domain is what I call rationaldetermination. Roughly speaking, a full constitutive account of the legal facts must include reasons that explain the relation between the determining facts and the legal facts. The facts on which Neta's putative counterexample depends cannot be reasons of the required sort because they take for granted what they are supposed to explain—the way in which nonnormative social facts contribute to the content of the law. Finally, I address the larger issue of how far my argument applies to other domains. I consider and reject Neta's argument that purports to show that all normative domains have the relevant features of the legal domain. I then sketch a competing picture of some normative domains. (shrink)

Tyler Burge’s influential arguments have convinced most philosophers that a thinker can have a thought involving a particular concept without fully grasping or having mastery of that concept. In Burge’s (1979) famous example, a thinker who lacks mastery of the concept of arthritis nonetheless has thoughts involving that concept. It is generally supposed, however, that this phenomenon – incomplete understanding, for short – does not require us to reconsider in a fundamental way what it is for a thought to involve (...) a particular concept. In this paper, I argue that the real significance of incomplete understanding has not been appreciated. To the extent that theorists of content address the phenomenon of thoughts involving incompletely grasped contents at all, they tend to assume that some hand-waving about deference to other thinkers who fully grasp the relevant concepts will take care of the inconvenient cases of incomplete understanding. The main lesson of Burge’s arguments is often taken to be that the content of language and thought is socially determined. On this picture, we do not need to change our basic view about what it is to have a concept; we just need to recognize that some thinkers can manage to have a concept by piggybacking on others. In contrast, on the view I defend, taking incomplete understanding seriously forces us to rethink some of our most basic assumptions about the nature of mental content. Deference is a red herring. The role of society in determining the content of thought is not the main lesson, but at most a useful clue as to the nature of mental and linguistic content. (shrink)

Rebbetzin Esther Greenberg was famous throughout Israel as a mentor to countless women, including some of the best-known teachers and counselors.

We explore the interaction between Lebesgue measure and dominating functions. We show, via both a priority construction and a forcing construction, that there is a function of incomplete degree that dominates almost all degrees. This answers a question of Dobrinen and Simpson, who showed that such functions are related to the proof-theoretic strength of the regularity of Lebesgue measure for Gδ sets. Our constructions essentially settle the reverse mathematical classification of this principle.

We prove that there is a structure, indeed a linear ordering, whose degree spectrum is the set of all non-hyperarithmetic degrees. We also show that degree spectra can distinguish measure from category.

In lieu of an abstract, here is a brief excerpt of the content:Racine, Oedipus, and Absolute Fantasies*Mitchell Greenberg (bio)Tout mythe se rapporte à l’origine. Toute question d’origine ne saurait ouvrir que sur un mythe [Every myth points back to an origin. Any questioning of origins necessarily opens onto myth].—Jean-Paul Valabrega, Phantasme, mythe, corps et sensAinsi l’itinéraire de la psychanalyse freudienne est-il celui d’une recherche qui... se fait attentive à ce qui du corps réside dans les mots, s’inscrit dans les (...) traces, reste gravé en mémoire au point de n’apparaître que comme réminiscence [Thus the itinerary of Freudian psychoanalysis would be a quest for... what of the body resides in words, is inscribed in traces, or remains engraved in memory to such an extent that it only can reappear as reminiscence].—Pierre Fédida, “L’anatomie dans la psychanalyse”Something happened in the seventeenth century. Somethings in this particularly conflicted period radically altered the ways in which human subjectivity was created and internalized to produce what in our late twentieth century we have come to call modernity. Despite the different and often contradictory inflections we like to give it, it now seems fairly certain that there was a “crisis of the seventeenth century,” a crisis that was traumatic and that was marked, most significantly for our purposes at least, by an altering of subjective sensibility.In an ever-crescendoing leitmotiv from Machiavelli to Montaigne, from Richelieu to Louis XIV, from Olivares to James I, we hear echoing across Europe the same strident clamor. An anxious, pervasive suspicion that the order of things was out of kilter, that in fact the world was sinking into disorder, seems to dominate European thought in the first half of the century. 1 The fear of chaos, especially in societies whose past has been grounded in rigid hierarchical structures, is obviously exacerbated in periods of great [End Page 40] social change. Nevertheless, if we are to believe those political theorists influenced by the work of Freud, this fear, although enflamed by real experience of social unrest, reaches well beyond the actuality of a particular historical event and finds its terrifying power in the most archaic strata of the human psyche. “All civilization,” writes Eugène Enriquez,is a struggle against chaos. Not against chaos as it might or might not have actually existed in prehistoric times, but against the phantasm of a primordial chaos, of a primeval disorder, of an immixture, of the undifferentiated, against an ordinary violence.... Chaos is the constantly retreating horizon in front of which all social organization and institutions are constructed. It returns us to our ancestral fear. We embrace any and all protection against it.[101]The stately image of Classical France, therefore, an image to which we have become accustomed by almost two hundred years of academic history and which finds its most paradigmatic icon in the tragic production of Racine, tends to obscure a reality of almost constant social and religious trauma. For the purposes of my discussion, I would like to return to Racine, who is perhaps the most prominent representative of the aesthetic and ethical tradition of classicism, which, perfected in France in the mid-1600s, will go on to colonize European ethics and aesthetics into the eighteenth century. Despite the radical changes wrought by political, industrial, philosophical, and psychoanalytical revolutions, classicism, through its corollary myth of the unitary ego, continues to haunt our own inabilities to live unneurotically the various drives, contradictions, identifications, and projections that continually tell us that we are not one but many.A central paradox exists at the heart of any discussion of Racinian dramaturgy. While the tragic dilemma of Racine’s theater is profoundly anchored in the passionate, forbidden sexuality of its characters, passions that are inextricably tied to the desiring body, this body is absent, banished from the lexical construction of the Racinian text. How are we to understand the conundrum of a theater that, more than any other, presents incestuous sexual desire and its frustration as the enchafed crucible of tragedy, when the crucible itself has been exiled from the field of representation? In its plots and peripeteia, Racine’s theater ingeniously reconfigures how his protagonists... (shrink)

In “How Facts Make Law” (Greenberg 2004), I argue that non-normative contingent facts are not sufficient to determine the content of the law. In the present paper, I take up a challenge raised by Enrique Villanueva (2005). He suggests that, to put it very briefly, descriptive facts can be reasons of the relevant kind. Therefore, even if the content of the law depends on reasons, it does not follow that law practices cannot themselves determine the content of the law. (...) Villanueva proposes a value-neutral criterion – textualism. In other words, he suggests that the descriptive facts about the meaning of legal texts are themselves reasons that determine the contribution of law practices to the content of the law. This suggestion depends on too shallow a conception of the requirement of reasons. For the law to be rationally determined, it is not enough that there be some value-neutral criterion that specifies that law practices have certain consequences for the content of the law. There have to be reasons that explain why that criterion, as opposed to all others, is the legally correct one – the one that, in the relevant legal system, determines the contribution of law practices to the content of the law. Normative facts are the best candidates for such reasons. And, in fact, Villanueva’s textualist criterion derives its appeal from normative facts. Reasons play a central role in the ontology of law. The determinants of the content of the law, which include law-determining practices such as statutes and judicial decisions, influence the content of the law in a systematic way. But their influence on the content of the law cannot be brute: the determining facts must constitute reasons why particular legal facts obtain. Descriptive facts cannot themselves provide the necessary reasons: for any descriptive fact that is a candidate reason, there are many possible models of its significance for the legal facts. Given the descriptive facts alone, it is arbitrary which of the possible models is correct, and therefore what the legal facts are. Descriptive facts therefore cannot alone determine the content of the law. Normative facts are the best candidates for what needs to be added to the law practices in order for the determining facts to make rationally intelligible why particular legal facts, as opposed to others, obtain. (shrink)

The view (most prominently advocated by Justice Scalia) that original meaning entails the constitutionality of original practices has strong intuitive appeal and has been broadly assumed by originalists and nonoriginalists alike. But the position is mistaken. We suggest that a failure to distinguish between two different notions of meaning accounts for the position's wide currency. According to the first notion, the meaning of a term is roughly what a dictionary definition attempts to convey--the semantic or linguistic understanding necessary to use (...) the term, as opposed to nonlinguistic facts about the objects or activities to which the term applies. In contrast, according to the second, looser notion, the meaning of a term incorporates the objects or activities to which the term is applied. The first notion lies behind originalism's theoretical force; it is untenable that the meaning of the Constitution in the first sense could evolve. In sharp contrast, it is not only tenable but inevitable that changes occur over time in the class of things to which a constitutional provision is applied. Once recognized, the distinction undermines the seemingly natural move from the necessity of interpreting the Constitution in accordance with how it was originally understood to the necessity of upholding practices originally understood to be constitutional. By taking the distinction on board and rejecting the assumption, originalism can readily deflect the challenges based on unacceptable original practices; as a consequence, however, it will not be tenable for originalism, in any case challenging an original practice, simply to rule out the possibility of the practice's invalidity. (shrink)

The literature fails to reflect general agreement over the nature of the services and procedures provided by bioethicists, and the training and core competencies this work requires. If bioethicists are to define their activities in a consistent way, it makes sense to look for common ground in shared communities of practice. We report results of a survey of the services and procedures among bioethicists affiliated with the University of Toronto Joint Centre for Bioethics (JCB). This is the largest group of (...) bioethicists working in healthcare organizations in Canada. The results suggest there are many common services and procedures of JCB bioethicists. This survey can serve as a baseline for further exploration of the work of JCB bioethicists. Common practices exist with respect to the domains of practice, individual reporting relationships, service availability within business hours and the education and training of the bioethicist. (shrink)

Lüders and Pauli proved the $\mathcal{CPT}$ theorem based on Lagrangian quantum field theory almost half a century ago. Jost gave a more general proof based on “axiomatic” field theory nearly as long ago. The axiomatic point of view has two advantages over the Lagrangian one. First, the axiomatic point of view makes clear why $\mathcal{CPT}$ is fundamental—because it is intimately related to Lorentz invariance. Secondly, the axiomatic proof gives a simple way to calculate the $\mathcal{CPT}$ transform of any relativistic field (...) without calculating $\mathcal{C}$ , $\mathcal{P}$ and $\mathcal{T}$ separately and then multiplying them. The purpose of this pedagogical paper is to “deaxiomatize” the $\mathcal{CPT}$ theorem by explaining it in a few simple steps. We use theorems of distribution theory and of several complex variables without proof to make the exposition elementary. (shrink)

CRS says that the meanings of expressions of a language or other symbol system or the contents of mental states are determined and explained by the way symbols are used in thinking. According to CRS one.

The present attempt to indicate the general manner in which the kinship system of a people can be stated as an interpreted axiomatic system, with utilization of the symbolism of modern mathematical logic, is intended as a demonstration of the applicability of contemporary logical methods to problems in the social sciences. Aside from the obvious general advantages in the way of clarity and logical rigour to be gained by an application of axiomatic method, there emerges as by-products a convenient system (...) of kinship symbolization and what is believed to be a solution to the long-standing controversy concerning the use of the terms ‘descriptive’ and ‘classificatory’ in reference to kinship systems. Since kinship terms are words in languages, the present exposition is perhaps of interest in that it shows how meaning in a semantic field of related terms can be defined by logical methods. So all the directional or temporal terms in a specific language might be treated as kinship terms are here. The possibility of a systematic treatment of the semantic aspects of linguistics which so far have resisted this type of treatment should be of interest to linguists. (shrink)