English and Australian judges have, over the past few decades, severely questioned the juridical distinctiveness and utility of the rule in Rylands v Fletcher. The popular assertion in this country has been that the rule is really only a sub-species of the law of private nuisance. By contrast, the Australian judiciary has abandoned the rule altogether, preferring to expand the law of negligence to capture the rule's former territory. This article seeks to defend the rule in Rylands v Fletcher. In (...) particular it asserts that, by reference to their historical origins, the rule in Rylands v Fletcher and the law of private nuisance can be seen to be quite different creatures. It also argues that there is strong case for the rule's continued vitality, and that it would be a grave mistake to abandon it in favour of a yet more expansive law of negligence. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

__Scientific Perspectives on Divine Action: Twenty Years of Challenge and Progress_ _is a collection of thirteen essays assessing the scholarly contributions to the _Scientific Perspectives on Divine Action_ series, which is comprised of five volumes resulting from international research conferences co-sponsored by the Vatican Observatory and the Center for Theology and the Natural Sciences between 1991 and 2000. The overarching goal of the series is to advance the engagement of constructive theology with the natural sciences with special attention to the (...) theme of divine action and to investigate the philosophical and theological elements within science. This volume is divided into three sections: In Section One, contributors review the history of the series and the development of new research methodology and discuss philosophical issues raised by the laws of nature and the limits of science; in Section Two, authors provide philosophical analysis of specific issues in the series; and in Section Three, contributors offer theological analyses of specific issues. The five volumes in the series include: _Quantum Cosmology and the Laws of Nature_ ; _Chaos and Complexity_ ; _Molecular and Evolutionary Biology_ ; _Neuroscience and the Person_ ; and _Quantum Mechanics _, and are distributed by University of Notre Dame Press. (shrink)

Although virtually all comparative research about risk perception focuses on which hazards are of concern to people in different culture groups, much can be gained by focusing on predictors of levels of risk perception in various countries and places. In this case, we examine standard and novel predictors of risk perception in seven sites among communities affected by a flood in Mexico (one site) and volcanic eruptions in Mexico (one site) and Ecuador (five sites). We conducted more than 450 interviews (...) with questions about how people feel at the time (after the disaster) regarding what happened in the past, their current concerns, and their expectations for the future. We explore how aspects of the context in which people live have an effect on how strongly people perceive natural hazards in relationship with demographic, well-being, and social network factors. Generally, our research indicates that levels of risk perception for past, present, and future aspects of a specific hazard are similar across these two countries and seven sites. However, these contexts produced different predictors of risk perception—in other words, there was little overlap between sites in the variables that predicted the past, present, or future aspects of risk perception in each site. Generally, current stress was related to perception of past danger of an event in the Mexican sites, but not in Ecuador; network variables were mainly important for perception of past danger (rather than future or present danger), although specific network correlates varied from site to site across the countries. (shrink)

While nothing justifies atrocity, many perpetrators manifest cognitive impairments that profoundly degrade their capacity for moral judgment, and such impairments, we shall argue, preclude the attribution of moral responsibility.

The most important distinctively American contribution to philosophy is the pragmatist tradition. In this short, lucid, and completely convincing exposition, Professor John P. Murphy begins by exploring the roots of this tradition as found in the work of Peirce, James, and Dewey, demonstrating its power and originality. Historians of philosophy will appreciate the insight Murphy brings to these figures, but the special value of this book lies in his discussion of how the pragmatist spirit has flowered in (...) contemporary philosophy in the work of Quine, Rorty, and Davidson.Throughout, Murphy emphasizes the logic and structure of the views held by these six philosophers and what it is they have in common that makes their work especially “pragmatist.” There is no better introduction to this historical tradition and perhaps no better way into the philosophies of the contemporaries whom Murphy discusses.Interest in pragmatist ideas is undergoing a revival at present, and this book shows us why. It will be of interest to both historians of philosophy and students of contemporary philosophy. (shrink)

Reason and Rationality in Health and Human Services Delivery is the first book to discuss the topic of decisionmaking and services from a multidisciplinary approach. It uses theory and social considerations, not just technology, as a basis for improved services. Health and human service students and professionals will learn how to form rational and reasonable decisions that take their clients'cultural backgrounds into consideration when identifying an illness or appropriating any kind of intervention. With a particular emphasis on theories, models, organizational (...) settings, technologies, and practitioner training methods that lead to culturally sensitive decisions, Reason and Rationality will help you deliver efficient and improved medical and social services to clients from all ethnic backgrounds. Recognizing reason as the centerpiece of most of Western philosophy, this text reveals how our idea of truth, fact, and order are wrongly thought to be universal; yet, Western principles are continually used in the decision-making process for health and social services. Focusing on the policy implications of decisionmaking in medical and social service settings, this text works to incorporate a broad range of factors into the reasoning process, such as cultural traditions and beliefs, that will result in better treatment for patients. Giving you suggestions and strategies for upgrading reasoning and decision-making processes and applying them to every area of service, Reason and Rationality discusses different themes that will help you improve services to patients, such as: the rationale currently used to justify decision-making strategies concerning medical and human services using computer technology to make clinical assessments revising administrative structure, management theories, and organizational strategies so that decision-making processes enhance the overall quality of service delivery how the practitioner/patient relationship is important in choosing the proper treatment soliciting community-based input to assess the public's health and human service needs in order to lessen political involvement in decision-making stages In addition, Reason and Rationality provides information and examples that show why you should consider the "life-world"--the values, beliefs, and commitments of a culture's history-- as the key to understanding the powers of reasoning that specify parameters of health and illness. (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. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Murphy's study is the first to bring a broad interdisciplinary perspective to the subject and to present postmodernism as a coherent social theory.

AI is considered to be very abstract to a range of critics. In this regard, algorithms are referred to regularly as black boxes and divorced from human intervention. A particular philosophical maneuver supports this outcome. The aim of this article is to (1) bring the philosophy to the surface that has contributed to this distance between AI and people and (2) offer an alternative philosophical position that can bring this technology closer to individuals and communities. The overall goal of the (...) analysis in this paper is the humanising of AI by addressing the shortcomings of conceptualising algorithms as black boxes. (shrink)

As Perelman suggests, rhetoric has always been concerned with understanding the basic nature of an audience. Considering this view, the perennial question posed by rhetoric might be: How does one discourse properly with an audience? Using the terminology supplied by Bitzer, this query might be rephrased to read: How does one “uncover and make available the public knowledge needed in our time and give body and voice to the universal public”. Of key importance is that the rhetorician must secure a (...) base of knowledge that will allow communication to commence between a speaker and an audience. If discourse is to be successful a speaker must address an audience in a style that can be understood, and therefore must substantiate all social intercourse on knowledge that is “public” or held in common. At first this might sound quite pedestrian, yet throughout the history of rhetoric this assumption has proven to be quite problematic. (shrink)

Many contemporary writers are claiming that society is becoming rapidly deanimated. However, this idea is not entirely new. During the past century, the same observation has been made by critics as disparate as Durkheim and Marx. In general, they pointed out that as an outgrowth of industrialization, social relationships were beginning to deteriorate. In point of fact, complaints about social fragmentation and the emergence of bureaucracies were commonplace. Simply put, citizens were beginning to feel powerless and overwhelmed by their institutions. (...) Recently, Baudrillard referred to this sentiment as indicative of the “Golden Age of Alienation.”. (shrink)

Over the past few years postmodernism has been gaining popularity. Because the works of writers such as Jacques Derrida, Michel Foucault, Gilles Deleuze, Jacques Lacan, and Félix Guattari, for example, are now readily available to the English reader, a novel intellectual force is present that must be assessed (Hassan, 1985). Terms such as “mise en abîme”, “libido”, “schizo-analysis”, “undecidables”, and so forth must be explained and their relevance for social analysis deciphered. Furthermore, a conception of knowledge, a research methodology, and (...) an image of social order that are consistent with these somewhat odd ideas have been introduced, and thus must be evaluated with respect to their sociological importance. At first, due to the strange language that is adopted and the nature of the philosophy offered, postmodernism appears to the uninitiated as an attempt to subvert rational discussion. (shrink)

The positions which are offered for consideration in this paper may be summarized in the following four points: First , there is a civilized type of mind which may be clearly distinguished from a primitive type. Second , the civilized mind developed from the primitive under certain economic and ethnological conditions which are to be described. Third , this emergence of the civilized mind from the primitive took place at a fairly definite period and reached its height in the remarkable (...) efflorescence of genius between the ninth and fourth century b.c. , over an area from Egypt to China. This was the appearance in that period of a mind essentially one in character, with natural variations, in the Greek thinkers, the Hebrew prophets, the early Hindu mystical philosophers and the Buddha in India, and the ethical teachers of China of the Confucian school. Fourth , this type of mind with its characteristic powers was achieved once for all and was never lost. In spite of the decay of most of the ancient civilizations, the civilized mind has been transmitted, chiefly through the survival of Greek and Graeco-Hebraic thought, into science, philosophy, and theology to become the modern mind for the world of culture of to-day. (shrink)

Critical Theory is usually associated with an intellectual tradition which emerged from the work of a group of social philosophers who coalesced around the Institute for Social Research, established in Frankfurt in 1923. This tradition is now considered to have two major branches: the first related to the work of Theodor Adorno, Max Horkheimer, Herbert Marcuse, Erich Fromm, Leo Lowenthal, and Walter Benjamin, while the second pertains to the expansion of this original work which has been proffered by Jürgen Habermas, (...) Claus Offe, Niklas Luhmann, Karl-Otto Apel, and others. It should be immediately noted that Critical Theory does not form a unity, for it does mean different things to both its early and current adherents. Without overstating the case, however, the common theme which unites these theorists is a dislike for the types of determinism which saw socialism arising automatically from either appropriate social conditions or at the behest of elite party members. In each case the belief was inadvertently advanced that people do not make their own history. In line with the work of Lukács and Korsch, these critical theorists wanted to develop a more vital Marxist theory, one which understands human praxis to be at the center of social development and, thus, human liberation. (shrink)

Most workers report that they are alienated from their jobs and find their workplaces to be stifling and uninviting. Given this condition, the introduction of computer technology, including AI, will only make matters worse, unless a more humane organizational culture is created. The key point in this article is the need to produce a responsible technology, so that employees are not further overworked and manipulated. To achieve this end, phenomenology is invoked, particularly the life world, to provide technology with a (...) human foundation. In practice, this shift in philosophy means that when AI is introduced into an organization, workers have a central role in the design, implementation, and evaluation of this technology. Computer technology can thus promote human flourishing instead of control and alienation in workplaces. (shrink)

Modern philosophical analyses of mysticism impoverish mysticism with a common understanding that the life and the language of the mystic is a separate category from that of the mystical experience. It is my contention, however, that such an understanding runs counter to what the mystics themselves attest to. ;William James's understanding of mysticism is that it serves as the means towards the circumvention of an individual's religious tradition. This view is contrary to the understanding of mysticism put forth by the (...) sixth century Christian mystic, Dionysius the Areopagite, who stressed the communal nature of the mystical life. Related to this is the analysis of the mystic's language suggested by W. T. Stace. For Stace, the mystic enters into a peculiar mystical state of consciousness, one that is characterized as inherently paradoxical. Because of this, the mystic is "embarrassed" by the language he or she employs. But in contrast, the 13th century Dominican, Meister Eckhart, employs a deliberate apophatic strategy in his use of the paradox. And finally, Steven T. Katz argues that the mystic's life and language "shapes" the mystical experience. But such a view, again, only separates the life and language of the mystic from that of the experience. St. John of the Cross taught that only through a life of love can one come to know God. This is not a contingent relationship for St. John. ;In contrast to these modern philosophical analyses of mysticism, Ludwig Wittgenstein's philosophical work can be seen to be in concert with much of what the mystics themselves attest to. Wittgenstein urges one to attend to the "grammar" of a language in order to understand its meaning. Therefore, with an examination and application of Wittgenstein's thought, the philosophical impositions cited above can be avoided. Such an approach is thus more promising to the study of mysticism for it pays attention to the life of the mystic in which the mystic's words ultimately have their meaning. (shrink)

Responsible innovation is gathering momentum as an academic and policy debate linking science and society. Advocates of RI in research policy argue that scientific research should be opened up at an early stage so that many actors and issues can steer innovation trajectories. If this is done, they suggest, new technologies will be more responsible in different ways, better aligned with what society wants, and mistakes of the past will be avoided. This paper analyses the dynamics of RI in policy (...) and practice and makes recommendations for future development. More specifically, we draw on the theory of ‘trading zones’ developed by Peter Galison and use it to analyse two related processes: the development and inclusion of RI in research policy at the UK’s Engineering and Physical Sciences Research Council ; the implementation of RI in relation to the Stratospheric Particle Injection for Climate Engineering project. Our analysis reveals an RI trading zone comprised of three quasi-autonomous traditions of the research domain – applied science, social science and research policy. It also shows how language and expertise are linking and coordinating these traditions in ways shaped by local conditions and the wider context of research. Building on such insights, we argue that a sensible goal for RI policy and practice at this stage is better local coordination of those involved and we suggest ways how this might be achieved. (shrink)

There is a fine balance between civil liberties and protection of the public’s health.Legislators, especially those in the western United States, are concerned about selling the Model State Act because of the loss of civil liberties. State constitutions give governors broad powers, such as declaring martial law and giving public health leaders the authority to act. State laws should consider issues such as property rights; taking of businesses and supplies; quarantine and isolation; due process; coordination among states, counties and cities; (...) communication systems; conscription of doctors and nurses; and compensation. When two mock emergency response drills were held in New Mexico, concerns arose regarding opening records associated with dams, national laboratories, waste repositories, and three air force bases. (shrink)

Some critics nowadays are calling for the development of a transracial or “color-blind” society. They claim that the current focus on multiculturalism is causing undue social conflict. In general, these critics want to promote an absolute culture that provides a universal standard for assimilation. The problem with this approach to maintaining social order is that diversity is undermined, along with key elements of democracy. What is needed, instead, is an image of society that does not require unquestioned assimilation in order (...) to insure solidarity. In this way, the democratization of culture can be promoted. (shrink)