This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established (...) and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights. (shrink)

One of biology's fundamental aims is to generate understanding of the living world around—and within—us. In this chapter, I aim to provide a relatively nonpartisan discussion of the nature of explanation in biology, grounded in widely shared philosophical views about scientific explanation. But this discussion also reflects what I think is important for philosophers and biologists alike to appreciate about successful scientific explanations, so some points will be controversial, at least among philosophers. I make three main points: (1) causal (...) relationships and broad patterns have often been granted importance to scientific explanations, and they are in fact both important; (2) some explanations in biology cite the components of or processes in systems that account for the systems’ features, whereas other explanations feature large-scale or structural causes that influence a system; and (3) there can be multiple different explanations of a given biological phenomenon, explanations that respond to different research aims and can thus be compatible with one another even when they may seem to disagree. (shrink)

[Working Draft — Comments are welcome! — March 2024] Reductive strong representationalists accept the Common Kind Thesis about subjectively indistinguishable sensory hallucinations, illusions, and veridical experiences. I show that this doesn’t jibe well with their declared phenomenal externalism and argue that there is no sense in which the phenomenal character of sensory experiences is constituted by the sensible properties represented by these experiences, as representationalists claim. First, I argue that, given general representationalist principles, no instances of a sensible property constitute (...) the phenomenal character of the sensory experience that represents them. Second, I argue that, with two very plausible assumptions in place, no sensible property qua universal can constitute the phenomenal character of experiences either. At the end, I offer an alternative picture that is consistent with a naturalist psychosemantics for sensory experiences without embracing phenomenal externalism. (shrink)

Within public health, and increasingly other areas of social policy, there are widespread calls to increase or improve the use of evidence for policy-making. Often these calls rest on an assumption that increased evidence utilisation will be a more efficient or effective means of achieving social goals. Yet a clear elucidation of what can be considered “good evidence” for policy is rarely articulated. Many of the current discussions of best practise in the health policy sector derive from the evidence-based (...) medicine movement, embracing the “hierarchy of evidence” that places experimental trials as pre-eminent in terms of methodological quality. However, a number of problems arise if these hierarchies are used to rank or prioritise policy relevance. Challenges in applying evidence hierarchies to policy questions arise from the fact that the EBM hierarchies rank evidence of intervention effect on a specified and limited number of outcomes. Previous authors have noted that evidence forms at the top of... (shrink)

Prior to any research data collection a proposal outlining methods and protocols is required to undergo ethical scrutiny. The issues surrounding a research ethics review process within sport and exercise science departments are not dissimilar to other subject areas. In particular, the ethical review process may be unclear to the researcher and can either present a difficult and time-consuming challenge or be merely perceived as a tick-box exercise. The aim of this study was to explore and compare research ethics processes (...) and decisions within sport and exercise science departments and institutions across the UK. Participants were asked to provide decisions and justification of those decisions on ten typical sports and exercise science proposals. Results found that all respondents cited evidence of informed consent and subject information sheets, detailed methodology and data protection procedures as highly important across all scenarios. Additionally it was found that similar processes occur regarding research ethical scrutiny and similar decisions are made at the departmental level. However, confidence fluctuates for individuals when reviewing in non-specialist subject areas and qualitative data collected calls for more research ethics training. (shrink)

Is freedom of research protected at the constitutional level? No obvious answer can be given to this question, as European and Northern American constitutional systems are not unequivocal and the topic has not been discussed deeply enough.Looking at the constitutions of some European and Northern American countries, it is possible to immediately note that there are essentially two ways to deal with freedom of scientific research. On the one hand, in Canada and in the US, constitutions have no (...) specific provisions to protect freedom of scientific research, with the result that such freedom ends up having to be protected as a specific aspect of the wider freedom of thought and expression . On the other hand, other countries’ constitutional systems, mainly European ones, expressly recognise freedom of research and teaching arts and science. For instance, article 5 of the German Constitution states that “Art and science, research and teaching are free”, article 33 of the Italian Constitution1i establishes that “The arts and sciences as well as their teaching are free” and article 59 of the Slovenian Constitution states that “Freedom of scientific research and artistic endeavor shall be guaranteed”.Within this second group, some constitutions limit their protection to the provision of freedom of scientific research, whereas other fundamental laws engage governments in promoting and supporting it. For example, the Italian Constitution, which states that “The Republic promotes cultural development and scientific and technical research” , the Spanish Constitution, according to which “public authorities shall promote science and scientific and technical research for the benefit of general interest” and, also, the Greek Constitution, whose article 16 establishes that art, science, research and their teaching are free, and their promotion is mandatory for the State.2 It …. (shrink)

Nursing claims a significant history of engaging philosophical inquiry. To better understand the rationale for this engagement, and what nursing understands itself to achieve through philosophical inquiry, we conducted an interpretive synthesis of the recent nursing literature to identify what nurses are doing when they say they are doing philosophy. The overarching finding was that while vanishingly few articles articulated any definition of philosophy, the synthesis showed how nursing considers philosophical engagement a generative mode for asking and answering (...) questions in/for nursing. Whatever aspects of nursing were focused on in these articles, and they were myriad, philosophy was invoked as an appropriate modality to work through that aspect rigorously, critically, and with an expectation that something “knowledgeable” would result from the effort. Based on the synthesis, we conclude that nursing philosophy could be considered a specific modality of nursing practice by which nursing is both done and delineated, a discursive practice in which we continually assess and explore and adapt and advance our understanding of the discipline in service to advancing our unique efficacy. This definition of “nursing philosophy” provides an opening for further inquiry helping to illuminate its functionalities and potentialities for outputs that can facilitate rigorous practice, education, and scholarship. (shrink)

This paper’s starting point is the popular thesis that emotions are constituted by experiences of value. This thesis raises what I call the value question: what exactly are these values that emotions are supposedly about? ‘Value’ here is understood broadly to include not only properties such as being good, bad, fearsome, dangerous, etc. but also being right, wrong, a reason, etc. In my view, the value question hasn’t received the concentrated attention that it deserves (though there are some (...) notable exceptions), perhaps because it isn’t immediately clear how to adjudicate competing answers. I argue, however, that Ronald de Sousa has developed two important ideas which can help us to make progress. These two ideas are as follows: (i) emotions help to solve the “frame problem” by controlling what strikes us as salient in deliberation, and (ii) emotions are Janus-faced, looking outward toward the world and inward toward the self. Careful consideration of the value question in light of these two proposals favours the view that emotions are about the following value: the emoter’s reasons to do things. (shrink)

Recently, we initiated a new research line on fulfillment in life by developing a conceptual framework and a self-report measure. To enhance conceptual clarity and complement theoretical considerations and empirical findings, we investigated lay conceptions of a fulfilled life in German-speaking participants at different life stages. First, we selected a qualitative approach using an open-ended question asking participants to describe a fulfilled life. Second, for a more comprehensive understanding, quantitative data were collected about the relevance of sources in providing fulfillment (...) and ratings on a fulfilling life in the present and a fulfilled life in retrospect. Qualitative content analysis was used to assess the responses to the open-ended question. One-fifth of the data was double coded, and intercoder reliability was high. Responses comprised a variety of descriptions, and we grouped them into seven themes, three of which overlapped with the prior conceptualization, namely the core elements of general description, cognitive appraisals, and affective appraisals. Cognitive evaluations related to intrapersonal aspects, particularly having lived life fully, attained personally significant goals, and developed oneself, as well as interpersonal, generative aspects, such as having made a contribution and been able to leave something of value. These categories are mostly in line with what the Fulfilled Life Scale measures. Further themes referred to correlates—including sources—and antecedents, including resources, personal characteristics, and quality of life, all considered worthy to be the subject of empirical investigation but which were not included in the conceptual model. Qualitative and quantitative results suggest that individuals derive fulfillment from different sources. Fulfillment from a profession and having a life task was strongly associated with longer-term fulfillment. Only a few age and sex differences were found. The overarching framework developed from the qualitative results can stimulate further investigation. Our findings underscore that a fulfilled life as a distinct construct should be measured directly rather than via a proxy. Insights into the constituents, sources, and antecedents of a fulfilled life can inform practice to promote a life well lived. (shrink)

There is a growing consensus that the offer of a reasonable compensation for oocyte donation for reproductive treatment is acceptable if it does not compromise voluntary and altruistically motivated donation. However, how to translate this ‘reasonable compensation’ in practice remains unclear as compensation rates offered to oocyte donors between different European Union countries vary significantly. Clinics involved in oocyte donation, as well as those in other medical contexts, might be encouraged in calculating a more consistent and transparent compensation for donors (...) if the elements that constitute a reasonable compensation are explicated. In doing so, lessons can be learnt from living organ donation and medical research participation. Practices in which the elements of a reasonable compensation for the individuals involved have already been more defined in the literature. By means of analogical reasoning, we will outline the different components of a reasonable compensation and subsequently apply these to the context of oocyte donation. We will argue that oocyte donors should first of all be reasonably reimbursed direct expenses related to the donation, without standard remuneration of lost wages. Second, donating oocytes requests a serious time investment, therefore donors are entitled to suitable compensation for their time spent and efforts made. Finally, we will explain that a reasonable compensation consisting of these two components allows for altruism to remain the key value of oocyte donation for reproductive treatment. However, if we acknowledge that donors’ motives are more complex and often include reasons from self-interest, the reasonable compensation may be complemented with modest (non)monetary benefits. (shrink)

Funders (located primarily in high‐income countries) and high‐income country researchers have historically dominated decision‐making within global health research collaborations: from setting agendas and research design to determining how data are collected and analysed and what happens with findings and outputs. The ethical principle of shared decision‐making has been proposed as a way to help address these imbalances within collaborations and to reduce semicolonial and exploitative forms of global health research. It is important to be clear about what shared (...) decision‐making means in order to ensure that it is not done in a tokenistic, shallow way. Thus far, the principle’s content has not been examined and articulated in detail. This paper aims to start the process of delineating a concept of fair shared decision‐making as a minimum standard for global health research. Using two hypothetical case examples, the paper will demonstrate that global health research practice is often inconsistent with ideal shared decision‐making. In such instances, it can be difficult to decide whether shared decision‐making within collaborations is fair. The paper describes how the two cases do not meet criteria for unfair or non‐ideal shared decision‐making, despite having potentially morally troubling features. The nuances of these examples of research practice help to generate clearer ideas about how to judge fairness in shared decision‐making. The paper concludes by presenting ideas about when soft power can be fairly employed between high‐income‐country and low‐ and middle‐income‐country partners and what fair compromise agreements may look like in shared decision‐making. (shrink)

The source and nature of the mind-body problem – the problem of relating consciousness and the brain – is diagnosed. With Russell’s distinction between knowledge by description and knowledge by acquaintance in mind, McGinn suggests that our knowledge of the essence of consciousness is acquired by acquaintance, and that this justifiably produces our sense of the problem. Since knowledge by acquaintance is complete but not reducible to propositional knowledge, it may be that our knowledge of consciousness gives us insight into (...) its essence which cannot be formulated propositionally: we know the nature of consciousness but cannot say what it is in the form of truths about consciousness. It is further argued that the properties of consciousness, which make it problematically related to the brain – its subjectivity and intentionality, its being essentially reflective and known infallibly – are consequential rather than intrinsic aspects of the nature of consciousness. It is explained how the fact that we know by this form of introspective self-consciousness that there is a mind-body problem means that we shall be unable in principle to solve the problem with our current cognitive faculties. (shrink)

Nowadays, many Internet awards are given to Web sites for best design, most interactive Web site, etc. This is also the case for online journalism, which has developed its own awards over the past few years. Based on existing research and theory on multimedia, interactivity, and hypertext, this study compared American and European news sites nominated for selected awards by means of a predominantly exploratory and descriptive qualitative content analysis to see whether there are any striking differences in approach and (...) composition. In addition, it aimed to retrieve possible differences between the ultimate ‘winners’ and ‘losers’. The results showed that the differences between European and American sites can largely be contributed to two factors, namely the presence or absence of photo galleries on the one hand and mobile services on the other. The nominees for the American awards more frequently offered multimedia – especially photo galleries – and PDA versions. SMS services were found more frequently on the European news sites. The best sites scored on 15 out of our 16 criteria; the top 12 contained 8 sites from the U.S. (shrink)

In its narrative, dramatic, and representational genres, art regularly depicts contexts for human emotions and their expressions. It is not surprising, then, that these artforms are often about emotional experiences and displays, and that they are also concerned with the expression of emotion. What is more interesting is that abstract art genres may also include examples that are highly expressive of human emotion. Pure music – that is, stand-alone music played on musical instruments excluding the human voice, and without (...) words, literary titles, or associated texts connected to it by its composer – is often characterized as the expressive art par excellence. Yet how could that be possible, given that such music lacks semantic or representational content? Pure music presents the hardest and most vivid philosophical challenge to any account of expressiveness in the arts, which is why it is crucial to consider the musical case for the light it sheds on the underlying principles and issues. (shrink)

Objective The UK Human Papillomavirus (HPV) vaccine programme commenced in the autumn of 2008 for year 8 (age 12–13 years) schoolgirls. We examine whether the vaccine should be given when there is a difference of opinion between daughters and parents or guardians. Design Qualitative study using semi-structured interviews. Participants A sample of 25 stakeholders: 14 professionals involved in the development of the HPV vaccination programme and 11 professionals involved in its implementation. Results Overriding the parents' wishes was perceived as problematic (...) and could damage the relationship between school and parents. A number of practical problems were raised in relation to establishing whether parents were genuinely against their daughter receiving the vaccine. Although many respondents recognised that the Gillick guidelines were relevant in establishing whether a girl could provide consent herself, they still felt that there were significant problems in establishing whether girls could be assessed as Gillick competent. In some areas school nurses had been advised not to give the vaccine in the absence of parental consent. None of the respondents suggested that a girl should be vaccinated against her consent even if her parents wanted her to have the vaccine. Conclusions While the Gillick guidelines provide a legal framework to help professionals make judgements about adolescents consenting to medical treatment, in practice there appears to be variable and confused interpretation of this guidance. Improved legal structures, management procedures and professional advice are needed to support those who are assessing competence and establishing consent to vaccinate adolescents in a school setting. (shrink)

In England and Wales we have had a National Curriculum since 1988. How can it have survived so long without aims to guide it? This IMPACT pamphlet argues that curriculum planning should begin not with a boxed set of academic subjects of a familiar sort, but with wider considerations of what schools should be for. We first work out a defensible set of wider aims backed by a well-argued rationale. From these we develop sub-aims constituting an aims-based curriculum. Further (...) detail is provided here on one of the most central educational aims, to do with equipping each child to live a flourishing personal and civic life. [A later, more detailed account of an aims-based curriculum is available in Reiss, M and White J <An Aims-based Curriculum: the significance of human flourishing for schools> Institute of Education Press 2013]. (shrink)

This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the article provides a preliminary typology of constitutional mixture (...) considering the form or system of government; the nature or character of government; the religious or secular identity; the flexibility or rigidity of the constitution; and its model of judicial enforcement—judicial or parliamentary supremacy. Examining these constitutional features, allows to shed light on the three different dimensions of “constitutional mixture”: First, the various features of the constitutional order do not function in a binary yes-or-no manner but appear and move along a spectrum. Second, the various features of the constitution change with time. Third, the various features of the constitutional text may be in tension with the features of the society. (shrink)

This chapter contains sections titled: A Residual Individualism Vygotsky's Legacy Reconciling Vygotsky and McDowell Personalism Final Thoughts on Education.

There are ways that ethical intuitions might be, and the various possibilities have epistemic ramifications. This paper criticizes some extant accounts of what ethical intuitions are and how they justify, and it offers an alternative account. Roughly, an ethical intuition that p is a kind of seeming state constituted by a consideration whether p, attended by positive phenomenological qualities that count as evidence for p, and so a reason to believe that p. They are distinguished from other kinds of (...) seemings, such as those which are content driven (e.g., the sensory experience that a stick in water seems bent) and those which are competence driven (e.g., the intellectual seeming that XYZ is not water, or that one of DeMorgan’s laws is true). One important conclusion is this: when crafting a positive theory of justification ethical intuitionists have fewer resources than intuitionists in other domains, not because of the subject matter of ethical intuitions, but because of the their structure. A second conclusion is that the seemings featured in substantive ethical intuitions deliver relatively weak justification as compared to other seeming states. (shrink)

In cognitive neuroscience, functional magnetic resonance imaging is used to produce images of brain functions. These images play a central role in the practice of neuroscience. In this paper we are interested in how these brain images become understandable and meaningful for scientists. In order to explore this problem we observe how scientists use such semiotic resources as gesture, language, and material structure present in the socially and culturally constituted environment. A micro-analysis of video records of scientists interacting with each (...) other and with fMRI images reveals action as cognition, that is, actions that constitute thinking for the scientists. (shrink)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable (...) alternative to the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)

A constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how (...) and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander proceeds as follows: In section I he takes up law's principal function of settling controversies over what we are morally obligated to do. In section II he then relate law's settlement function to the role of constitutional law. In particular, he discusses how constitutional law is distinguished from ordinary law, and he also discusses the role of constitutions in establishing basic governmental structures and enforcing certain moral rights. In section III he addresses the topic of constitutional interpretation, and in section IV the topic of judicial review. Finally, in section V, he discusses constitutional change, both change that occurs through a constitution's own rules for amendments and change that is the product of constitutional misinterpretations and revolutions. (shrink)

Recently there has been a trend of moving towards biological and neurocognitive based classifications of mental disorders that is motivated by a dissatisfaction with the syndrome-based classifications of mental disorders. The Research Domain Criteria (indicated with the acronym RDoC) represents a bold and systematic attempt to foster this advancement. However, RDoC faces theoretical and conceptual issues that need to be addressed. Some of these difficulties emerge when we reflect on the plausible reading of the slogan “mental disorders are brain disorders”, (...) that according to proponents of RDoC constitutes one of its main presuppositions. Some authors think that endorsing this idea commits RDoC to a form of biological reductionism. We offer empirical and theoretical considerations for concluding that the slogan above should not be read as a reductionist thesis. We argue, instead, that the slogan has a pragmatic function whose aim is to direct research in psychopathology. We show how this function might be captured in the framework of a Carnapian explication as a methodological tool for conceptual engineering. Thus, we argue that a charitable interpretation of the aims of the proponents of RDoC should be understood as an attempt at providing an explication of the concept of mental disorder in terms of brain disorder whose main goal is to provide a more precise and fruitful notion that is expected to have a beneficial impact on classification, research, and treatment of psychiatric conditions. (shrink)

After we die, our persona may live on in the minds of the people we know well. Two essential elements of this process are mourning and acts of commemoration. These behaviors extend well beyond grief and must be cultivated deliberately by the survivors of the deceased individual. Those who are left behind have many ways of maintaining connections with their deceased, such as burials in places where the living are likely to return and visit. In this way, culturally defined places (...) often serve as metaphors of social association and shared experience. Humans are the only kind of animal that buries their dead, and this gesture is preserved in Paleolithic sites as early as 120,000 years ago. Though not the only method of honoring the dead in human cultures, the emergence of burial traditions in the Middle Paleolithic implies that both Neandertals and early anatomically modern humans had already begun to conceive of the individual as unique and irreplaceable. Claims of primitive mortuary behavior in earlier periods than the Middle Paleolithic fall short in that they lack any signs of positive social-spatial associations between the deceased and survivors. The archaeological evidence for burial behavior in the Middle Paleolithic provides the first clear translation of mourning into a stereotypical action. These burials therefore may represent the first ritualized bridge between the living and the deceased in human evolutionary history. (shrink)

Under what conditions are two utterances utterances of the same word? What are words? That these questions have not received much attention is rather surprising: after all, philosophers and linguists frequently appeal to considerations about word and sentence identity in connection with a variety of puzzles and problems that are foundational to the very subject matter of philosophy of language and linguistics.1 Kaplan’s attention to words is thus to be applauded. And there is no doubt that his discussion (...) contains many useful insights. Nevertheless, we find his picture deeply flawed for a variety of crosscutting reasons. Our aim in this paper is to further advance an understanding of the nature of words, both by remedying the problems with Kaplan’s account, and also by achieving a suitable perspective on what the metaphysical investigation of word identity can hope to achieve. Our discussion divides into four parts. In Part One, we examine and critique Kaplan’s discussion of a contrast integral to his own account: that between the type-token and the stage-continuant conceptions of words. In Part Two, we present three constraints on any account of words and two further themes in Kaplan’s discussion central to his conception of words – the role of repetition and the constitutive authority of intentions. While these ideas have laudable motivations, we argue they are far from the best way of making good on the insights that drive them. The final two sections take a skeptical turn. In Part Three, we express doubt about Kaplan’s presumption of the importance of what he calls ‘common currency names’, thus raising a suspicion that he may be in pursuit of chimera. Finally, in Part Four, we express pessimism about whether interesting answers to question above will be forthcoming, and suggest that the legitimacy of our word ontology need not depend on the availability of such answers. Along the way, we tease apart a number of metaphysical questions in the vicinity of the topic of word individuation – questions that are often not disentangled – and consider how the discussion of the previous parts bears on them.. (shrink)

What is a thing? It is an apparently simple question to which few philosophers or social scientists have devoted any serious attention. This chapter attempts to explain this neglect, and then to develop a way of thinking about the question by distinguishing things, and the concept ‘thing’, from objects and entities with which they are often conflated. This more refined and adequate conception of the thing is then deployed in order to help answer two related questions: ‘Why do things (...) matter? What are the grounds of our attachment to them, and of our obligations towards them?’ It is argued that an endemic failure within philosophy and social science to reflect on what constitutes the thinghood of things makes it harder than it need be to answer questions concerning their value and why they matter to us. (shrink)

D. Micah Hester thinks the residency match system helps sustain the divide between the haves and the have-nots in healthcare. He believes that the match system channels talent away from the have-nots in a more or less systematic way, damaging moral values in physicians as it goes. As a way of making inroads against these effects, he has asked whether assigning medical school graduates to residencies at random would distribute talent and educational opportunity more broadly and promote desirable moral values. (...) I pointed out what I think are serious limitations of this proposal, and Hester has extended me the courtesy of a reply. Yet with that reply, I find that he has made it even more difficult to defend a lottery approach to residency assignment. (shrink)

Plagiarism is plaguing research publications in many fields. It is problematic by being misleading about who deserves credit for scientific results, images, text or ideas, by involving scientific fraud and by distorting meta-analyses. However, different research traditions put different emphasis on the originality of text. Traditional rules regarding correct quotation seem to fit the humanities and many social sciences better than the natural and engineering sciences. This article suggests that we should stop applying a common standard regarding plagiarism to all (...) research fields and instead openly acknowledge that there are differences in what aspects of a paper are important to scientific development in different research areas. More specifically, the article discusses, as a thought experiment, whether the introduction of software supporting text production for research publications in the natural and engineering sciences – thereby further reducing the importance of who created what sentences – would be unacceptable or, quite the reverse, a means to further promote scientific progress. It is concluded that there are no valid principled arguments against introducing such software support for text production in scientific papers, while there are several advantages. Correctly handled, using such software would not involve plagiarism, because it would not be misleading about who deserves credit. (shrink)

No one denies the importance of applying knowledge to actions. But claiming identity (unity) of knowledge and action is quite another thing. There seem to be two problems with the claim: (1) the identity claim implies that the sole cause for one to fail to act on what one judges to be right is ignorance, but it is obviously false that the sole cause of failure in moral actions is ignorance. (2) The identity statement implies non-separation of knowledge and (...) action. But knowledge does not necessarily lead to action. However, the identity of knowledge and action is what a famous Ming Confucian scholar, W ang Yang-ming, proposed and the concept became the central doctrine of his teaching. Though there are several major interpretations of Wang’s doctrine in contemporary literature, it is not clear to me how they deal with the above mentioned difficulties. In this article, I will discuss these interpretations of the doctrine and propose a new interpretation. My purpose is to give an interpretation of Wang’s doctrine that has the capacity of dealing with these challenges to the doctrine and also captures the essence of his teaching. (shrink)

Whenever we communicate, we inevitably have to say one thing before another. This means introducing particularly subtle patterns of salience into our language. In this paper, I introduce ‘order-based salience patterns’, referring to the ordering of syntactic contents where that ordering, pretheoretically, does not appear to be of consequence. For instance, if one is to describe a colourful scarf, it wouldn’t seem to matter if one were to say it is ‘orange and blue’ or ‘blue and orange’. Despite their apparent (...) triviality, I argue that order-based salience patterns tend to make the content positioned first more salient – in the sense of attention-grabbing – in a way that can have surprising normative implications. Giving relative salience to gender differences over similarities, for instance, can result in the activation of cognitively accessible beliefs about gender differences. Where those beliefs are epistemically and/or ethically flawed, we can critique the salience pattern that led to them, providing an instrumental way of evaluating those patterns. I suggest that order-based salience patterns can also be evaluated on constitutive grounds; talking about gender differences before similarities might constitute a subtle form of bias. Finally, I reflect on how the apparent triviality of order-based salience patterns in language gives them an insidious strength. (shrink)

The question—what is a political constitution?—might seem, at first blush, fairly innocuous. At one level, the idea of a political constitution seems fairly well settled, at least insofar as most political constitutionalists subscribe to a similar set of commitments, arguments and assumptions. At a second, more reflective level, however, there remains some doubt whether a political constitution purports to be a descriptive or normative account of a real world constitution, such as Britain’s. By exploring the idea of a political (...) constitution as differently articulated by J.A.G. Griffith, Adam Tomkins and Richard Bellamy, this essay explores why the normativity of a political constitution may be indistinct and ill-defined, and how compelling reasons for this indistinctness and ill-definition are to be found in the very idea of a political constitution itself. A political constitution is here conceived as a ‘model’ which supplies an explanatory framework within which to make sense of our constitutional self-understandings. The discipline of thinking in terms of a model opens up a critical space wherein there need not be some stark, all-encompassing choice between constitutional models, which, in turn, allows for more subtle understandings of Britain’s constitution as neither exclusively ‘political’ nor ‘legal’. (shrink)

The question concerning the meaning of life is important, but it immediately confronts the present authors with insurmountable obstacles from a philosophical standpoint, as it would require us to define not only what we hold to be life, but what we hold to be meaning in addition, requiring us to do both in a properly researched context. We unconditionally surrender to that challenge. Instead, we offer a vernacular, armchair approach to life’s origin and meaning, with some layman’s thoughts (...) on the meaning of origins as viewed from the biologist’s standpoint. One can observe that biologists generally approach the concept of biological meaning in the context of evolution. This is the basis for the broad resonance behind Dobzhansky’s appraisal that “Nothing in biology makes sense except in the light of evolution”. Biologists try to understand living things in the historical context of how they arose, without giving much thought to the definition of what life or living things are, which for a biologist is usually not an interesting question in the practical context of daily dealings with organisms. Do humans generally understand life’s meaning in the context of history? If we consider the problem of life’s origin, the question of what constitutes a living thing becomes somewhat more acute for the biologist, though not more answerable, because it is inescapable that there was a time when there were no organisms on Earth, followed by a time when there were, the latter time having persisted in continuity to the present. This raises the question of where, in that transition, chemicals on Earth became alive, requiring, in turn, a set of premises for how life arose in order to conceptualize the problem in relation to organisms we know today, including ourselves, which brings us to the point of this paper: In the same way that cultural narratives for origins always start with a setting, scientific narratives for origins also always start with a setting, a place on Earth or elsewhere where we can imagine what happened for the sake of structuring both the problem and the narrative for its solution. This raises the question of whether scientific origins settings convey meaning to humans in that they suggest to us from what kind of place and what kinds of chemicals we are descended, that is, to which inanimate things we are most closely related. (shrink)

The paper proposes to amend structuralism in mathematics by saying what places in a structure and thus mathematical objects are. They are the objects of the canonical system realizing a categorical structure, where that canonical system is a minimal system in a specific essentialistic sense. It would thus be a basic ontological axiom that such a canonical system always exists. This way of conceiving mathematical objects is underscored by a defense of an essentialistic version of Leibniz’ principle according to (...) which each object is uniquely characterized by its proper and possibly relational essence (where “proper” means “not referring to identity"). (shrink)

This paper enquires into the nature and the extent of the obligations of nurses. It is argued that nurses appear to be obliged to undertake supererogatory acts if they take clause one of the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (UKCC) Code of Professional Conduct seriously (as, indeed, they are required to do). In the first part of the paper, the nature of nursing obligations is outlined, and then the groups and individuals to whom nurses have (...) obligations are identified. Following a brief discussion of the moral foundation of the nurse's obligations to her/his employer, a common conflict of obligations is identified. Then a distinction is drawn between ordinary and extraordinary moral standards. Appreciation of this is necessary for an understanding of the criterion of what constitutes a supererogatory act. By the definition of supererogatory acts proposed below, it is suggested that actions such as whistleblowing satisfy that definition. (shrink)

Bio-heteronormative conceptions of the family have long reinforced a nuclear ideal of the family as a heterosexual marriage, with children who are the genetic progeny of that union. This ideal, however, has also long been resisted in light of recent social developments, exhibited through the increased incidence and acceptance of step-families, donor-conceived families, and so forth. Although to this end some might claim that the bio-heteronormative ideal is not necessary for a social unit to count as a family, a more (...) systematic conceptualization of the family—the kind of family that matters morally—is relatively underexplored in the philosophical literature. This paper makes a start at developing and defending an account of the family that is normatively attractive and in line with the growing prevalence of non-conventional families and methods of family-formation. Our account, which we call a constitutive-affirmative model of the family, takes the family to be constituted by an ongoing process of relevant affective and affirmative relations between the putative family members. (shrink)

The question of what constitutions should do is deeply connected to what constitutions are. In the American founding conception, a constitution was a fundamental law, hierarchically superior to the decisions of the legislature, and intended to act as a restraint on legislative action. Despite the massive gulf between the ancient Greeks and the Americans, classical Athens offers an important lesson about how the failure to recognize fundamental laws can lead to catastrophic consequences. The evidence suggests that (...) the Athenians understood the need for conceptual, procedural, and institutional distinctions between the fundamental laws and the more specific decrees of the governing institutions. The Athenian and American experiences also suggest that certain philosophical positions conditioned their understanding of their fundamental laws, and guided the practices that followed from that understanding. (shrink)

Around 1950, B.A. Trakhtenbrot proved an important undecidability result (known, by a pure accident, as \Trakhtenbrot's theorem"): there is no algorithm to decide, given a rst-order sentence, whether the sentence is satis able in some nite model. The result is in fact true even if we restrict ourselves to languages that has only one binary relation Tra63]. It is hardly conceivable that at that time Prof. Trakhtenbrot expected his result to in uence the development of the theory of relational databases (...) query languages, but it did. This perhaps is not surprising in view of the following two facts: 1) The theory of relational databases is strongly rooted in logic and can easily be abstracted to make it a branch of mathematical logic. 2) The main interest in the theory of relational databases is in nite relations. In the rst section we explain those two points in more detail. Then, in section 2 of the present paper, we discuss the question: \What constitutes a reasonable query to a database?" The discussion naturally leads to a certain class of queries, known as the \domain independent" queries, as an ideal query language. At this point Trakhtenbrot's theorem appears as a major obstacle, since it easily implies that this ideal class is undecidable. Real query languages cannot be allowed to have this property. Section 3 outlines then several possible ways to circumvent this di culty. The following section explains the.. (shrink)

In what sense are the activities and properties of components in a mechanism explanatorily relevant to the behavior of a mechanism as a whole? I articulate this problem, the problem of constitutive relevance, and I show that it must be solved if we are to understand mechanisms and mechanistic explanation. I argue against some putative solutions to the problem of constitutive relevance, and I sketch a positive account according to which relevance is analyzed in terms ofrelationships of mutual manipulability (...) between the behavior of a mechanism as a whole and the properties and activities of its components. My account is a causal-mechanical account in the sense that it is a particular expression of the idea that constitutive explanation is a matter of showing how an explanandum phenomenon is situated within the causal structure of the world. It is thus offered as a rival to epistemic (argument-centered) and psychological accounts of interlevel explanation. (shrink)

In this paper I outline the most relevant traits of the term ‘trust’ understood as one of the synonyms for ‘certainty’ that Ludwig Wittgenstein used in his posthumous work On Certainty. To this end, I analyze the paragraphs of On Certainty in which reference is made to pupils who are expected to trust what is taught by their teacher: in addition, I note that such a process is largely based on the attitude of rejection and bewilderment that teachers promote (...) towards people who call into doubt those certainties that pupils are expected to assimilate. Subsequently, after emphasizing the importance that Wittgenstein attached to the ineffability of certainties, I explain how such certainty or trust can be staged. Lastly, I clarify why an appropriate contemplation of this staging can be of great help for pupils to achieve at least four goals of educational interest: thus, children can not only strengthen their capacity for wonder, but also experience what things are ineffable, glimpse the limits of rationality, and become more tolerant of people who are partakers of a different world-picture. (shrink)

This paper presents a systematic approach for analyzing and explaining the nature of social groups. I argue against prominent views that attempt to unify all social groups or to divide them into simple typologies. Instead I argue that social groups are enormously diverse, but show how we can investigate their natures nonetheless. I analyze social groups from a bottom-up perspective, constructing profiles of the metaphysical features of groups of specific kinds. We can characterize any given kind of social group with (...) four complementary profiles: its “construction” profile, its “extra essentials” profile, its “anchor” profile, and its “accident” profile. Together these provide a framework for understanding the nature of groups, help classify and categorize groups, and shed light on group agency. (shrink)

In recent decades, environmental rights have been increasingly developed at both the national and international level, along with increased adjudication of these rights in both national (constitutional) courts and international human rights courts. These parallel trends raise a question as to whether it is better to develop and adjudicate environmental rights at the national or international level. This article considers the case made by James May and Erin Daly in favor of developing environmental rights at the national constitutional level and (...) adjudicating these rights in domestic courts. I consider the limitations of this case by showing that international environmental human rights can play a role that systematically benefits environmental protection, with adjudication in international human rights courts a key part of that process. This involves drawing on an argument offered by Allen Buchanan to justify a system of international legal human rights, which appeals to a number of benefits that such a system can provide. The argument is developed and applied to adjudication of environmental human rights in international human rights courts. First, it is shown how these benefits are realized in the area of environmental human rights. Second, it is shown how adjudication can enhance these benefits, both by providing a mechanism for their realization and by facilitating a mutually supportive relationship among them. On the basis of these enhanced benefits and the value that they add, it is concluded that there is strong justification for developing and adjudicating environmental human rights at the international level. (shrink)

In what sense are the activities and properties of components in a mechanism explanatorily relevant to the behavior of a mechanism as a whole? I articulate this problem, the problem of constitutive relevance, and I show that it must be solved if we are to understand mechanisms and mechanistic explanation. I argue against some putative solutions to the problem of constitutive relevance, and I sketch a positive account according to which relevance is analyzed in terms ofrelationships of mutual manipulability (...) between the behavior of a mechanism as a whole and the properties and activities of its components. My account is a causal-mechanical account in the sense that it is a particular expression of the idea that constitutive explanation is a matter of showing how an explanandum phenomenon is situated within the causal structure of the world. It is thus offered as a rival to epistemic (argument-centered) and psychological accounts of interlevel explanation. (shrink)

Professor Matthew Adler has argued that many constitutional rights are not personal moral rights, but that are pragmatic and instrumental in nature. 1 The reason rights are not personal, in Adlerthe constitutionality of a statute depends not just on how it affects someone, but on what it sayspersonal” legal disability that would set him apart from any other citizen, and is, therefore, not enforcing a personal right. Instead, Adler believes that constitutional rights are better understood as positive-law creations that (...) allow citizens to sue as private attorneys-general. (shrink)

This paper reviews the evidence, from studies of acute denervation plasticity, that NCCs in the sensory cortex are composed of particular patterns of intracolumnar excitation in a certain type of neuron, and not of specific anatomically identified neurons. This leads to an enquiry as to what the microneurological basis of NCCs in general may be. Further evidence is examined as to the possible NCCs of the stroboscopic patterns. The hypotheses are presented that the geometrical bright phase patterns arise as (...) dissipative structures generated by interacting cortical rhythms; whereas the non-geometrical dark phase patterns have as their NCCs dendritic potentials in the GABAergic gap-junction linked network in layers II and III of the visual cortex. (shrink)

The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal (...) degree of subjective coherence. (shrink)

The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...) the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of the abstract concepts prevalent at the time of enactment, and not those we may now favor. My main purpose in this essay is to put some pressure on the linguistic considerations that are presented in this debate, arguing that they are much more problematic than the proponents of both positions assume. I will try to show that the debate here is actually a moral-political one, mostly about the main rationale of a constitutional regime and the conditions of its legitimacy. It is, primarily, a debate about what constitutions are for, and what makes them legitimate. But I will only get to this moral issue at the end. The main part of the essay will strive to show that the semantic considerations employed in this debate are inconclusive; the way concepts are used in a given context depends on various pragmatic determinants, and those, in turn, depend on the nature of the conversation in question. The moral disagreement is, ultimately, about the kind of conversation that constitutional regimes are taken to establish. (shrink)

Recent work on essence describes essence as assimilated to definition. It also posits a plurality of kinds of essence.Howdoes assimilation relate to pluralism? According to one view, a kind of essence is adequate only if it is definitional: something is essential to an item, in the relevant sense, only if it is part of what it is to be that item. In this paper, I argue that assimilation and pluralism are in tension with respect to consequentialist essence. This is (...) problematic given that, as a methodological prescription, some philosophers advise us to work with consequentialist essence. In this paper, I develop a theory of constitutive essence and use it to resolve the problem by defining an adequate notion of consequentialist essence that preserves the methodological prescription. (shrink)

In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by what (...) the legislators and the subjects of the law understand when laws are created or changed. (shrink)