Efficiency as quantified and promoted by cost-effectiveness analysis sometimes conflicts with equity and other ethical values, such as the “rule of rescue” or rights-based ethical values. We describe the utilitarian foundations of cost-effectiveness analysis and compare it with alternative ethical principles. We find that while fallible, utilitarianism is usually superior to the alternatives. This is primarily because efficiency – the maximization of health benefits under a budget constraint – is itself an important ethical value. Other ethical frames may be irrelevant, (...) incompatible with each other, or have unacceptable implications. When alternatives to efficiency are considered for precedence, we propose that it is critical to quantify the trade-offs, in particular, the lost health benefits associated with divergence from strict efficiency criteria. Using an example from HIV prevention in a high-prevalence African country, we show that favoring a rights-based decision could result in 92–118 added HIV infections per $100,000 of spending, compared to one based on cost-effectiveness. (shrink)

Depuis une vingtaine d'annees, on assiste un peu partout a un regain d'interet pour les ecrits socratiques de Xenophon. Que Xenophon ne nous donne pas davantage que Platon un portrait historiquement fiable de Socrate peut etre considere comme un acquis de la critique du XXe siecle. Laissant transparaitre dans son temoignage des options profondement differentes de celles de Platon, Xenophon temoigne par la meme, cependant, des tensions, voire des oppositions qui traversaient le milieu socratique autour du souvenir et de la (...) comprehension de la personne de Socrate: cette seule consideration suffit a faire de Xenophon une source essentielle pour notre connaissance de l'immediat apres Socrate et, par dela, pour notre intelligence de l'histoire de la reception de Socrate dans les siecles ulterieurs. Le colloque dont sont issues les etudes rassemblees dans ce volume, organise a l'Universite de Provence (Aix-Marseille I) du 6 au 9 novembre 2003, s'inscrit dans cette perspective. Plus qu'un bilan de la nouvelle orientation des etudes xenophontiennes, qu'il est encore trop tot pour etablir, on y verra l'illustration de la diversite d'approches dont est susceptible le temoignage de Xenophon sur Socrate. Due a Louis-Andre Dorion, une bibliographie des etudes sur les ecrits socratiques de Xenophon publiees dans le dernier quart de siecle temoigne de la vitalite retrouvee de ce domaine de recherche. (shrink)

Les Grammaires d'une ville: Essai sur la genèse des structures urbaines à Marseille. By Marcel Roncayolo (Paris: EHESS, 1996), 507 pp., FF 380, paper.

À toutes les époques, les descriptions que font d’une ville les récits de voyage empruntent bien souvent leurs « clichés » à d’autres formes de littérature, voire, pour la période actuelle, au cinéma. Nous partirons de cette hypothèse pour explorer un corpus de narrations relatives à Marseille, ville portuaire et d’immigration avec laquelle l’Italie a tissé de nombreux liens familiers. Notre point de départ pourrait être le constat selon lequel les récits contemporains de voyage comme les rom...

Les fortifications de Marseille antique sont aujourd’hui assez bien connues pour que l’on puisse en suivre le développement technique depuis l’époque archaïque (briques crues sur socle en calcaire local), classique et hellénistique ancienne (le tuf remplace la brique crue) jusqu’au iie s. av. J.‑C. (construction massive en calcaire du cap Couronne). Une telle typo-chronologie ne semble pas s’appliquer au monde phocéo-massaliète d’Occident, qu’il s’agisse des remparts d’Emporion, qui utilisent un appareil polygonal rustique, ou de ceux d’Olbia de Ligurie. Ici, (...) le polygonal du ive s. laisse place au iie s. à un grand appareil qui évoque plutôt le rempart de Marseille au ive s. On en conclut logiquement que les techniques utilisées dépendent moins d’un faciès culturel que des matériaux à disposition localement et des ressources financières pour importer des matériaux extérieurs. Un bref tour d’horizon dans les sites indigènes de Basse-Provence permet de s’interroger sur les conditions et les motivations de l’utilisation de techniques « grecques » dans des habitats gaulois. (shrink)

Cet article, qui porte sur la valeur accordée au travail de care fourni par les nourrices de l’Hôpital du Saint-Esprit à Marseille entre 1306 et 1457, montre que si l’allaitement peut être défini comme une fonction physiologique, il relève également, en tant qu’occupation, d’une construction sociale. En comparant les salaires des nourrices de l’hôpital avec ceux d’autres domestiques, on peut démontrer que la société marseillaise accordait une grande valeur au travail de care fourni par les nourrices. Bien que cette (...) valeur ait en partie dépendu de la rareté des corps pourvoyeurs à la suite de la Grande peste, elle reposait également sur l’appréciation de ce type de soins par la société. Dans l’emploi privé, étudié par d’autres chercheurs, la valeur accordée aux nourrices était liée aux priorités des classes moyennes et supérieures ; alors que dans le cas de l’institution hospitalière du Saint-Esprit, elle provenait d’un impératif de charité à fournir aux membres les plus vulnérables de la société. (shrink)

Dans la préface qu’elle donne au livre de son ancienne doctorante (2008), Françoise Thébaud souligne qu’il s’agit là d’une « histoire sociale et genrée des politiques nationales d’immigration et de naturalisation, et des pratiques administratives qui les mettent en œuvre », à partir du cas de Marseille, au cours des dernières années de la Troisième République (1918-1940). Linda Guerry s’attelle à cette tâche en se confrontant à des milliers de documents puisés dans les fonds archivistiques pa...

This work addresses the case of the Ballet National de Marseille (BNM) and the 2017 recreation of the piece Passione, created by the artistic directors Emio Greco and Pieter C. Scholten. This study, informed by a phenomenological approach, adopts ethnographic methods, including participant observation, in-depth interviews, and one researcher’s direct involvement with the practices of enculturation and enskillment in this dance form. It investigates how the dancers of the BNM articulate their diverse forms of agency in relation to the (...) choreographer’s artistic vision and demands. By looking at the specific case of the BNM staging of Passione, we can isolate some significant features of contemporary ballet’s trajectory as an emergent dance genre on the edge between innovation and tradition. (shrink)

Personnage central de la littérature mondiale, prix Nobel 2000, Gao Xingjian est également peintre, dramaturge, chorégraphe, cinéaste et photographe. En quête de l'art total, tel Leonardo, il développe avec une infinie rigueur la théorie de l'engagement du créateur dans le réel au delà de toute ingérence politique. Avec quelques-unes des grandes figures de la culture internationale il engage le débat sur l'éthique et l'esthétique au cours d'un mémorable colloque organisé à Marseille dans le cadre surréel d'une incroyable Année Gao. (...) Tous les textes de cet ouvrage de référence sont des jalons précieux pour qui veut discerner les grandes alternatives de l'histoire de l'art au croisement des siècles et des millénaires de l'histoire des hommes. (shrink)

The purpose of this article is to examine Salvian of Marseilles’ (ca. 400–490 CE) invective in De gubernatione Dei against his Christian audience pertaining to their sexual roles and behaviour as slaveholders. It is argued that rather than considering the oppressive practice of slavery in itself as a reason for moral rebuke and divine punishment, Salvian highlights the social shame that arose from the sexual vices Christian slaveholders committed with their slaves. Salvian forwards three accusations against his opponents that concern (...) slavery and sexual vice. Firstly, he asserts that Christian slaveholders have no self-control. Secondly, the polyamorous relationships slaveholders have with numerous slaves resemble shameful and adulterous unions, namely concubinage and even polygamy. Thirdly, Roman-Christian slaveholders behave in a worse manner than barbarians (i.e. the argument of ethnicity). Each of these accusations is examined in detail in the study. (shrink)

It is clearly impermissible to kill one person because his organs can be used to save five others who are in need of transplants. It has seemed to many that the explanation for this lies in the fact that in such cases we would be intending the death of the person whom we killed, or failed to save. What makes these actions impermissible, however, is not the agent's intention but rather the fact that the benefit envisaged does not justify an (...) exception to the prohibition against killing or the requirement to give aid. The difference between this explanation and one appealing to intention is easily overlooked if one fails to distinguish between the prospective use of a moral principle to guide action and its retrospective use to appraise the way an agent governed him or herself. Even if this explanation is accepted, however, it remains an open question whether and how an agent's intention may be relevant to the permissibility of actions in other cases. \\\ [Jonathan Dancy] My first four sections concentrate on the second section of Professor Scanlon's contribution, where he lays out his conception of moral principles and of the role they play in theory and practice. I will raise questions on the following issues: 1. Scanlon's initial introduction of the notion of a principle. 2. His rejection of the standard view that principles are concerned with the forbidding, permitting and requiring of actions. 3. His rejection of pro tanto conceptions of principles in favour of a conception of them as conclusive. 4. The resulting account of what it is for a principle to face and survive exceptions. Scanlon's discussion of these matters here both appeals to and is in some respects more detailed than the relevant section of his recent What We Owe to Each Other. The topic is interesting both for the role played by principles in Scanlon's present discussion of intention and permissibility, and more generally because of his account of wrongness: an act is wrong iff it is ruled out by principles that nobody could reasonably reject. The remainder of my contribution is concerned with the ostensible focus of IP, namely the relevance of agent-intentions to the permissibility of what is done. (shrink)

Like proper names, demonstratives, and definite descriptions, pronouns have referential uses. These can be 'essentially indexical' in the sense that they cannot be replaced by non-pronominal forms of reference. Here we show that the grammar of pronouns in such occurrences is systematically different from that of other referential expressions, in a way that illuminates the differences in reference in question. We specifically illustrate, in the domain of Romance clitics and pronouns, a hierarchy of referentiality, as related to the topology of (...) the grammatical phase. Our explanation is based on extending the 'Topological Mapping Hypotheses' of Longobardi and Sheehan & Hinzen. The extended topology covers the full range of interpretations, from purely predicative to quantificational, to referential and deictic. Along this scale, grammatical complexity increases, and none of these forms of reference is lexical. This provides evidence for the foundational conclusion that the source of essential indexicality is grammatical rather than lexical, semantic or pragmatic. (shrink)

‘The Meaning of Life’ and ‘The Philosophy of Religion’ have meant different things to different people, and so I do well to alert my reader to what these phrases mean to me and thus to the subject area of this review of recent work on their intersection. First, ‘The Meaning of Life’: within the analytic tradition, an idea has gained widespread assent; whatever the vague and enigmatic nature of the phrase ‘the meaning of life’, we may sensibly speak of meaningfulness (...) in a life as a particular, positive, normative feature that some individuals’ lives may well have, and this feature is to be distinguished from, though closely related to, other positive features – satisfaction, wellbeing, virtue and so forth. There has been much work done on these assumptions in recent years. An excellent summary of this work up to its date of publication is given by Thaddeus Metz (in his 2007 a). Many – though by no means all – philosophers retain an instinctive scepticism toward the phrase ‘the meaning of life’ and a reluctance to engage with it, for it seems to connote vague and/or impossible-to-fulfil cosmic expectations. (See Thomson , chapter 11 and Seachris 2009 for attempts to engage with it nonetheless.) But philosophers are not generally now so sceptical about talk of meaningfulness in life and thus not so sceptical about the phrase ‘the meaning of life’ if it is taken to be referring merely to this. And that is how I shall be taking it. Secondly, ‘The Philosophy of Religion’: in the analytic tradition, this has usually been taken to be philosophical reflection on the rational acceptability or otherwise of classical theism and on what God's existence, should He exist, entails ontologically, metaphysically, metaethically and so forth. Therefore, I shall be talking about recent reflection in the analytic tradition on the relationship between the God of classical theism's existence (or lack of it) and meaningfulness (or lack of it) in human lives. (shrink)

This careful and engaging introduction to Aristotle equips readers of ancient philosophy and classics with an intellectual map that will guide their further exploration within the terrains of Aristotelian philosophy and logic. The book does not seek to provide a verdict or to persuade the reader of the usefulness of Aristotle's ideas. Instead it offers a comprehensive introduction to key philosophical areas while situating the reader within the ongoing intellectual debates on Aristotle's significance and relevance. Crowley's book allows an overview (...) of Aristotle's contributions and includes discussions on the Organon, the epitome of his logical treatises, his works on biology, nature and causation, metaphysics, citizenship, ethics and eudaimonia. The book is a valuable tool for readers interested in becoming acquainted with the work of Aristotle but most importantly for those who are keen to understand his many interpretations. (shrink)

The title of this essay is not to be taken literally: I will not be making the case that Marseille is actually the last working class city in France. My title is a reference to Chris Marker’s 1993 film The Last Bolshevik (Le Tombeau d’Alexandre), a film about Alexander Medvedkin, one of the pioneers of early Soviet cinema. Medvedkin was the inspiration for the Groupe Medvedkine, a film collective founded by Chris Marker and made up of French militant filmmakers (...) who, in December 1967, decided to document the labor unrest that had erupted in factories near Besançon by making experimental films that involved the active participation of the workers themselves. Marker first met Medvedkin at a film festival in Leipzig .. (shrink)

Background: Patients in clinical settings are not lonely islands; they have relatives who play a more or less active role in their lives. Objectives: The purpose of this article is to elucidate the ethical challenges nursing staff encounter with patients’ next of kin and to discuss how these challenges affect clinical practice. Research design: The study is based on data collected from ethical group discussions among nursing staff in a nursing home. The discussions took place in 2011 and 2012. The (...) data were analysed and interpreted by using hermeneutic methodology. Ethical considerations: All the data have been anonymised and handled with confidentiality. Written informed consent was obtained from all participants. Findings: Ethical challenges relating to patients’ next of kin were found to be an issue frequently discussed in the groups. Our findings indicate that next of kin have different characteristics, categorised as ‘the professionals’ and ‘the shadows’. In this article, we will describe the next of kin’s characteristics and the ethical challenges and practical implications that nursing staff experience in this connection. Discussion: We will discuss the findings in the light of the four basic principles of medical ethics and propose interventions to help nurses manage ethical challenges related to next of kin. Conclusion: The study reveals the need to enhance nursing staffs’ communicative and ethical skills on an individual level, but most importantly, to establish routines in clinical settings for informing and following up next of kin in a systematic and structured way. (shrink)

[T. M. Scanlon] It is clearly impermissible to kill one person because his organs can be used to save five others who are in need of transplants. It has seemed to many that the explanation for this lies in the fact that in such cases we would be intending the death of the person whom we killed, or failed to save. What makes these actions impermissible, however, is not the agent's intention but rather the fact that the benefit envisaged does (...) not justify an exception to the prohibition against killing or the requirement to give aid. The difference between this explanation and one appealing to intention is easily overlooked if one fails to distinguish between the prospective use of a moral principle to guide action and its retrospective use to appraise the way an agent governed him or herself. Even if this explanation is accepted, however, it remains an open question whether and how an agent's intention may be relevant to the permissibility of actions in other cases. \\\ [Jonathan Dancy] My first four sections concentrate on the second section of Professor Scanlon's contribution, where he lays out his conception of moral principles and of the role they play in theory and practice. I will raise questions on the following issues: 1. Scanlon's initial introduction of the notion of a principle. 2. His rejection of the standard view that principles are concerned with the forbidding, permitting and requiring of actions. 3. His rejection of pro tanto conceptions of principles in favour of a conception of them as conclusive. 4. The resulting account of what it is for a principle to face and survive exceptions. Scanlon's discussion of these matters here both appeals to and is in some respects more detailed than the relevant section of his recent What We Owe to Each Other. The topic is interesting both for the role played by principles in Scanlon's present discussion of intention and permissibility, and more generally because of his account of wrongness: an act is wrong iff it is ruled out by principles that nobody could reasonably reject. The remainder of my contribution is concerned with the ostensible focus of IP, namely the relevance of agent-intentions to the permissibility of what is done. (shrink)

Accepted quantum description is stochastic, yet history is nonstochastic, i.e., not representable by a probability distribution. Therefore ordinary quantum mechanics is unsuited to describe history. This is a limitation of the accepted quantum theory, rather than a failing of mechanics in general. To remove the limitation, it would be desirable to find a form of quantum mechanics that describes the future stochastically and the past nonstochastically. For this purpose it proves sufficient to introduce into quantum mechanics, by means of a (...) perfected formal correspondence, certain analogs of the classical initial-condition constants. Through the restoration of such parameters at the quantum level one accomplishes a natural accommodation of time anisotropy, wave-function reduction, and “event” description by quantum mechanical equations of motion alone, without the need for extra postulates (e.g., a projection postulate). This requires a complete restructuring of quantum measurement theory. (shrink)

In social cognition, knowledge-based validation of information is usually regarded as relying on strategic and resource-demanding processes. Research on language comprehension, in contrast, suggests that validation processes are involved in the construction of a referential representation of the communicated information. This view implies that individuals can use their knowledge to validate incoming information in a routine and efficient manner. Consistent with this idea, Experiments 1 and 2 demonstrated that individuals are able to reject false assertions efficiently when they have validity-relevant (...) beliefs. Validation processes were carried out routinely even when individuals were put under additional cognitive load during comprehension. Experiment 3 demonstrated that the rejection of false information occurs automatically and interferes with affirmative responses in a nonsemantic task. Experiment 4 also revealed complementary interference effects of true information with negative responses in a nonsemantic task. These results suggest the existence of fast and efficient validation processes that protect mental representations from being contaminated by false and inaccurate information. (shrink)

This chapter examines the philosophy of T. H. Green, the initial leading figure among the absolute idealists who dominated British philosophy in the late 19th century. Green sought to establish that the existence and nature of human beings, especially of the human mind, was not susceptible of a purely empirical or scientific explanation. He claimed that the only possible explanation involved reference to the existence of an Eternal Consciousness, which was gradually realizing itself in the temporal world, more especially in (...) the life of human beings. Further issues in his philosophy are examined, such as that things count as real only if they are in unchanging relations to each other, the difference between negative and positive freedom, the nature of moral choice, the superiority of a virtue ethic to a utilitarian one. (shrink)

The extent to which society utilises the law to enforce its moral judgments remains a dominant issue in this era of embryonic stem cell research, preimplantation genetic diagnosis, and human reproductive cloning. Balancing the potential health benefits and diverse moral values of society can be a tremendous challenge. In this context, governments often adopt legislative bans and prohibitions and rely on the inflexible and often inappropriate tool of criminal law. Legal prohibitions in the field of reproductive genetics are not likely (...) to reflect adequately the depth and diversity of competing stakeholder positions. Rather, a comprehensive and readily responsive regulatory policy is required. Such a policy must attend to the evolving scientific developments and ethical considerations. We outline a proposal for effective, responsive, and coherent oversight of new reproductive genetic technologies. (shrink)

Some philosophers have thought that life could only be meaningful if there is no God. For Sartre and Nagel, for example, a God of the traditional classical theistic sort would constrain our powers of self-creative autonomy in ways that would severely detract from the meaning of our lives, possibly even evacuate our lives of all meaning. Some philosophers, by contrast, have thought that life could only be meaningful if there is a God. God and the Meanings of Life is interested (...) in exploring the truth in both these schools of thought, seeking to discover what God could and couldn't do to make life meaningful (as well as what he would and wouldn't do). Mawson espouses a version of the 'amalgam' or 'pluralism' thesis about the issue of life's meaning – in essence, that there are a number of different legitimate meanings of 'meaning' (and indeed 'life') in the question of life's meaning. According to Mawson, God, were he to exist, would help make life meaningful in some of these senses and hinder in some others. He argues that whilst there could be meaning in a Godless universe, there could be other sorts of meaning in a Godly one and that these would be deeper. (shrink)

In this paper I propose a solution to the qualitative version of David Miller's verisimilitude reversal argument. Miller (1974) shows that verisimilitude rankings are relative to language choice and hence, are not objective. My solution stems from a reply to an earlier solution proposed by Eric Barnes (1991). Barnes argues that the verisimilitude reversal problem can be solved by revealing an epistemic dimension. I show that Miller's problem cannot be solved by side-stepping foundational metaphysical claims as his epistemic solution suggests. (...) Rather, a substantive metaphysical basis grounds identity relations among properties. The problem of verisimilitude cannot be solved without embracing the fundamental metaphysical distinctions between basic and composite properties that ground the relationship of partial identity among properties. (shrink)

My purpose in what follows is not so much to defend the basic principle of utilitarianism as to indicate the form of it which seems most promising as a basic moral and political position. I shall take the principle of utility as offering a criterion for two different sorts of evaluation: first, the merits of acts of government, social policies, and social institutions, and secondly, the ultimate moral evaluation of the actions of individuals. I do not take it as implying (...) that the individual should live his life on the basis of constant evaluations of this sort. For there are different levels of decision making each with its appropriate criteria. For example, we each inevitably make many of our decisions from the point of view of our own personal self-fulfilment and this cannot regularly take a directly utilitarian form, nor should the utilitarian want it to do so. His claim is at most that we should sometimes review our life from the point of view of a kind of impersonal moral truth of a universalistic utilitarian character. (shrink)

In “Sex selection and regulated hatred”1 John Harris launches a vehement critique of the Human Fertilisation and Embryology Authority’s recent report Sex Selection: options for regulation, raising several issues that merit discussion.He begins by complaining about the recommendation that because of the theoretical risk associated with the use of flow cytometry as a method of sperm sorting, its use should be restricted for the moment to cases in which a clear medical benefit is to be gained from its use. Harris (...) objects that in this recommendation “an absurdly high standard of caution is employed”, since a theoretical risk is associated with almost all medical procedures. This objection is misplaced: as paragraph 142 of the report indicates, the phrase “theoretical risk” is to be understood here in the light of the earlier discussion of the risks arising from the fact that flow cytometry exposes sperm to laser energy, a procedure which is known to be liable to damage DNA. Since the application of flow cytometry to humans is a new procedure, the risk of human genetic defects caused this way is still only “theoretical”; nonetheless it is serious enough to warrant caution—hence the recommendation that at present flow cytometry should be available only when its use brings clear medical benefits. The HFEA has recently been criticised by some for not being cautious enough when permitting the use of intracytoplasmic sperm injection even though in that case there are clear medical benefits from its use. It is extraordinary that Harris should now criticise the HFEA for not throwing caution to the winds concerning flow cytometry.Harris’ next point concerns the justification for this suggestion that preimplantation sex selection should be available only where it is undertaken for medical reasons. The obvious way to justify this would appear …. (shrink)

Professor Benhabib seeks to rely upon discourse theory to ground a `right to membership' — a right of immigrants to seek and be granted naturalization. The effort is unpersuasive because discourse theory cannot provide an answer to the fundamental question of who should participate in the conversation that would establish a right to membership, nor is it clear that persons freely and equally discussing membership rules would reach the normative conclusions that Benhabib defends. Protection of the `rights of others' might (...) be better secured by arguing from human rights principles that guarantee rights to all residents — citizens and immigrants — than by arguing for a right to membership. (shrink)

The world appears to conscious creatures in terms of experienced sensory qualities, but science doesn't find sensory experience in that world, only physical objects and properties. I argue that the failure to locate consciousness in the world is a function of our necessarily representational relation to reality as knowers: we won't discover the terms in which reality is represented by us in the world as it appears in those terms. Qualia -- arguably a type of representational content -- will therefore (...) not be found in the physical world as characterized in experience or science. Instead, consciousness constitutes a subjective, representational reality for cognitive systems such as ourselves, and the physical world is a represented objective reality. I suggest that naturalistic approaches to explaining consciousness should acknowledge the non-objectivity of experience, and be constrained by evidence that consciousness accompanies certain sorts of behaviour-controlling representational functions carried out by complex, physically instantiated mind-systems. I evaluate a variety of current hypotheses about consciousness, and suggest that a mature science of representation may help explain why, perhaps as matter of representational necessity, experience arises as a natural but not objectively discoverable phenomenon. (shrink)

Current debates surrounding Aristotle's Politics involve attempts to explain the role of political participation in the pursuit of Aristotle's human telos, eudaimonia. Many argue that political participation is crucial to eudaimonia, equating the good man with the good citizen. Often this argument is based on Aristotle's labelling of humans as zoon politikon, or ‘political animal’, and the misleading translation of eudaimonia as ‘happiness’. We provide supported explanations of eudaimonia and zoon politikon which do not force us to equate the good (...) man and the good citizen. We illustrate Aristotle's analogy between the eudaimon man and the eudaimon polis and emphasize the role political participation sometimes plays in the pursuit of eudaimonia. On the basis of this evidence, we argue that Aristotle did not equate the good man with the good citizen necessarily, nor did he find political participation essential to eudaimonia. We then demonstrate that even without political participation, the polis plays a unique role in the pursuit of eudaimonia. (shrink)

Leibniz's basic concept of 'harmony' as a 'diversitas identitate compensata' is not only a type of hermeneutical key to nearly all of his philosophical writings and of his thinking in general that he gave us since, let's say, the early Confessiophilosophi from about 1672. Rather it is, as I will try to make evident in the following paper, an expression of a thoroughgoing concept of thinking in early Modern Philosophy from the Renaissance onwards. I will try to outline here three (...) main topics which independently from the fact that we will find all of these topics included in the 'quaestiones' and 'articuli' of an ordinary 'cursus philosophicus' in this period worked as a framework in particular in the philosophical discussion of non-scholastic thinkers, namely 1) the theory of mind, 2) cosmology and 3) universal science or 'mathesis universalis'. In each of them I will analyse influences, at least possible influences, on the thinking of Leibniz. Thus I will discuss arguments of Nicolaus Cusanus, Marsilio Ficino and Charles de Bouelles concerning the first point, again Nicolaus Cusanus, Ives de Paris and Heinrich Bisterfeld concerning the second, and methodology in general concerning the last point. (shrink)

An apparent inadequacy of the velocity addition theorem in handling a Fizeau (like) experiment beyond the resonance frequence is shown not to be a true failing. The proof consists in showing that the invariance of the signal velocity is unrelated to its maximality. Next, Lorentz transformations which connect frames moving with supersignal velocity to those of subsignal velocity are derived, taking a cue from the acoustic case. Methods are also suggested for laboratory verification of the theory.

Green agrees with Kant on the abstract character of moral law as categorical imperatives and that intentional dispositions are central to a moral justification of punishment. The central problem with Kant's account is that we are unable to know these dispositions beyond a reasonable estimate. Green offers a practical alternative, positing moral law as an ideal to be achieved, but not immediately enforceable through positive law. Moral and positive law are bridged by Green's theory of the common good through the (...) dialectic of morality. Thus, Green appears to offer an alternative that remains committed to Kantian morality whilst taking proper stock of our cognitive limitations. Unfortunately, Green fails to unravel fully Kant's dichotomy of moral and positive law that mirrors Green's solution, although Green offers a number of improvements, such as the importance of the community in establishing rights and linking the severity of punishment to the extent that a criminal act threatens the continued maintenance of a system of rights. (shrink)

After the French Revolution, the codification movement led to the introduction of the Dutch Civil Code and the Commercial Code of 1838. These codifications were generally regarded as the bedrock of a dogmatic system in which little space was left for customs and customary law. Mercantile jurists, such as Holtius and Levy, were opponents of the legalistic approach of the new codifications. They tried to separate mercantile law from civil law in order to protect mercantile law from excessive legalistic influences. (...) According to them, mercantile law was characterised by internationality, custom as its main source of law, continuity through an extended mercantile legal history and by good faith and mutual trust between the merchants. Out of these, the historicity and homogeneity of a strong community of merchants are particularly in line with a traditional and conservative view on society. Holtius and Levy, however, had little in common with their Christian-conservative contemporaries. On the one hand, they rather seemed to foreshadow the kind of liberal-conservatism as expressed by Hayek during the 20th century. On the other hand, their ideas have much in common with different lex mercatoria –traditions developed by authors as Goldman and Schmitthoff. On the aspects of historicity and internationality Holtius and Levy seem to have much in common with Hayek whereas concerning communality and the legal nature of customary law there are more similarities with the lex mercatoria-traditions. (shrink)

Open peer commentary on the article “Interactivity and Enaction in Human Cognition” by Matthew Isaac Harvey, Rasmus Gahrn-Andersen & Sune Vork Steffensen. Upshot: Enaction is a diverse research program and some of its texts can be interpreted in terms of a critical contrast to interactivity. Yet much of the former has already started to move in a direction favored by the latter: toward systematic studies of how human activity is shaped by social, cultural, and technological influences. Interactivity could therefore help (...) enaction to provide a better account of such highly mediated and augmented forms of sense-making. (shrink)

This report is the testimony of a man who worked with plants, specifically, in what used to be called the ‘drugs and spices’ trade, selling simples for around 40 years. And what better vantage-point than the trader’s to trace, over several decades, the evolution of the attitude of French people (and Europeans more generally) towards plants and, by extension, towards ‘nature’? Beneath the need for medicinal plants, seasonings or flavourings there is a hidden desire of varying strength for ‘nature’. This (...) account describes the decline and disappearance of herbalism, the ‘return’ to plants and the ‘organic’ movement, the manipulations that ran alongside that ‘comeback’, and the market in ‘bogus nature’ created by the synthesizing laboratories. (shrink)

Neuroscience cannot and should not be allowed to replace normative questions with scientific onesOver the past few years considerable attention has been paid to a variety of issues that are now placed collectively under the heading of “Neuroethics”. In both the academic and the popular press there have been discussions about the possibilities and problems offered by cognitive enhancement and neuroimaging as well as debate about the implications of these emerging “neurotechnologies” for morality and the law. This issue of the (...) journal contains eight papers that discuss a broad range of important topics in neuroethics, from cognitive enhancement and the moral status of animals and cyborgs, to the challenges of neurological consults in end of life cases. As these papers demonstrate, advances in neuroscience raise a number of important ethical questions, but can neuroscience help provide any answers?FACT AND VALUEAccording to the received philosophical wisdom, there is a fundamental distinction between fact and value—between how things are and how they ought to be. On the basis of this distinction one cannot draw normative conclusions from descriptive premises because there is nothing in the premises that would warrant such conclusions: from the fact that happiness is desired it does not follow that it ought to be. This received wisdom applies to neuroethics in the following way: whereas neuroscience might be able to identify the neurophysical correlates for evaluative notions such as preferences and attitudes,1,2 lying,3 and the distinction between in control and out of control behaviour,4 neuroscience cannot, in and by itself, provide the basis for their evaluation. The reason for this is that, in the absence of factors external to these neurophysical states, one neurophysical state is no better or worse than another—internal neurophysical states are logically …. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Two kinds of claims of responsibility arise in regard to health and medical care. Claims of one kind are obligation-limiting claims about individuals’ responsibility for coming to need health care. It may be argued, for example, that individuals have no claim to state-sponsored care for injuries they suffer as a result of risky activities such as mountain climbing, sky diving, or smoking. The claim is that because they are responsible for what has happened to them, others are not obligated to (...) pay for their care. In a different context, it is claimed that because patients are, or should be, responsible for the kind of treatment they receive. They therefore need to be informed about the treatment options available to them so that they can decide which of these treatments, if any, they will undergo. The lecture provides an account of responsibility that fits claims of both of these kinds and explains how they are related. (shrink)

One of four laws passed by Clodius early in 58 b.c. in some way modified the regulations governing obnuntiatio, the right possessed by magistrates and augurs to obstruct proceedings of the popular assemblies through announcement of unfavourable omens. The precise nature of the change is obscured by the fact that our main source, Cicero, describes it, as he does all of Clodius' legislation, in hyperbolic and polemical terms, alleging that it wholly abolished the right of obnuntiatio, a claim contradicted by (...) other evidence in his writings, which provide many examples of its continuing use. The later ancient sources repeat the substance of Cicero's main allegations and, accordingly, do little to help disentangle the facts from the hyperbole. Inadequate information about the earlier regulations relating to obnuntiatio, which were contained in two laws of the mid-second century, the Leges Aelia et Fufia, further hampers the search for the precise terms of Clodius' amendment. None of this, however, has discouraged speculation. The problem has exerted a peculiar fascination and has generated a succession of careful studies. Five main hypotheses have emerged: that the right of obnuntiatio was taken from curule magistrates; that it was taken from curule magistrates, but only in relation to legislative comitia; that it was taken from both curule magistrates and tribunes, but only in relation to legislative comitia; that it was abolished entirely, but soon restored by senatorial annulment of the reform; that it was left intact, but the assemblies were empowered to disallow it on any given occasion. (shrink)

The pages of the history of science record thousands of instances of similar discoveries having been made by scientists working independently of one another. Sometimes the discoveries are simultaneous or almost so; sometimes a scientist will make anew a discovery which, unknown to him, somebody else had made years before.