In lieu of an abstract, here is a brief excerpt of the content:Curative Work:Dana's Two Years Before The MastAllan Christensen (bio)In narrating his voyage out from Boston on the Pilgrim and his voyage home on the Alert, Richard Henry Dana, Jr., encourages an ambivalent interpretation of the experience. As one possibility, contagious sickness and forms of bondage characterize the culture of home, whereas the sailor's condition and less civilized sites offer health, romance, and freedom. But an opposite possibility is (...) that the ship resembles an unhealthy prison and the foreign settings are spoiled, and so hope resides in the curative power still emanating from the civilization of home. The two possibilities may relate to the Goethean-Carlylean pattern of Bildung, whereby the protagonist initially rebels and escapes from home but later repents and returns, recognizing that his America must be "here or nowhere" (Carlyle 1899, 156),1 in Massachusetts rather than in California. Dana indeed desires first to become entirely the sailor but then in terror before that eventuality desires to return to his identity as a Harvard scholar. With respect to the motif of literacy, the initial effort to live fully amid the bracing energies of winds and sea gives way to an appreciation of the curative force of reading and writing books. Yet the two phases are not after all so neatly opposed and divided between two halves of the story. They coexist in a tension that is sometimes also resolved.In 1842, two years after publishing Two Years before the Mast, Dana began to compose "An Autobiographical Sketch, 1815–1841." This "Sketch" (1968) creates a context for the previously published work that justifies the first of the two interpretations. His early life has already featured, in the "Sketch," many incidents of wandering away from home and of rebellion against the restrictions and injustices of society. The turbulent young protagonist especially resents the tyranny of the schoolmasters who administer floggings and later the tyranny of the authorities at Harvard College who unfairly punish a classmate. In response to this latter incident, Dana's own rebellion leads to his suspension from the college for a term, an event that he welcomes as a liberation from an oppressive educational system. The inevitability of his future career as [End Page 219] a lawyer also weighs heavily upon him and probably worsens an incapacitating crisis of 1834. Specifically, the crisis begins with a contagious disease: he catches measles, an illness that triggers a hereditary tendency toward degenerating eyesight, and reading becomes insupportably painful for him. The revulsion against books derives, as Thomas Philbrick suspects, from both physical and psychological causes (1981, 10).2 Dana seeks an occupation that will remove him not only from the necessity of reading but from the debilitating, literate civilization of New England. At this juncture the lure of a sea voyage becomes irresistible:I had many offers of free passage, but I knew a passenger's life would be insupportable without books. Partly from these considerations, but aided very much by the attractiveness of the romance & adventure of the thing, I determined to go before the mast, where I knew that the constant occupation would make reading unnecessary.(Dana 1968, 1:26–27)As opposed to the culture associated with books, the sailor's life offers health as well as romance and freedom. Omitting, then, as unnecessary any account of the intervening events narrated in Two Years before the Mast, the "Autobiographical Sketch" resumes the narrative by restating the opposition:I will take this journal up, again, from the place where my published narration ends. Upon our arrival at Boston on 22 of Sept 1836,... I was very much struck with the pallid & emaciated appearance of the gentlemen I met with, when compared with the rough, sun burnt, hardy faces which I had solely seen for the last five months. If I had been [told] that there had been a famine or fever in the city & that these persons were recovering its effects, I should have said that their appearances indicated it plainly enough. The women looked like mere shades.(Dana 1968, 1:28)In the penultimate chapter of Two Years, one of the pallid, apparently fever-stricken Bostonians had observed, on meeting the... (shrink)

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: (1) What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? (2) How do we come to believe reasonably in experimental results? Experiment, (...) Right or Wrong makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

In recent years, a number of approaches to social cognition research have emerged that highlight the importance of embodied interaction for social cognition (Reddy, How infants know minds, 2008; Gallagher, J Conscious Stud 8:83–108, 2001; Fuchs and Jaegher, Phenom Cogn Sci 8:465–486, 2009; Hutto, in Seemans (ed.) Joint attention: new developments in psychology, philosophy of mind and social neuroscience, 2012). Proponents of such ‘interactionist’ approaches emphasize the importance of embodied responses that are engaged in online social interaction, and which, according (...) to interactionists, present an alternative to mindreading as a source of social understanding. We agree that it is important to take embodied interaction seriously, but do not agree that this presents a fundamental challenge to mainstream mindreading approaches. Drawing upon an analogy between embodied interaction and the exercise of expert skills, we advocate a hierarchical view which claims that embodied social responses generally operate in close conjunction with higher-level cognitive processes that play a coordinative role, and which are often sensitive to mental states. Thus, investigation of embodied responses should inform rather than conflict with research on mindreading. (shrink)

The account of marriage Kant presents in the Rechtslehre strikes most readers as cold, legalistic and obsessed with sex. It seems to ignore at least nearly all of the morally valuable aspects of marriage. Consequently, most have felt that this is a feature of Kant 's theory best ignored. Against this view, this article argues that Kant 's focus is appropriate, that his understanding of marriage is much more romantic than is commonly thought and that it presents a thought-provoking alternative (...) to the picture of marriage found in the modern law. (shrink)

On the basis of an analysis of a single paper on plate tectonics, a paper whose actual content is nowhere in evidence, Frederick Suppe concludes that no standard model of confirmation—hypothetico-deductive, Bayesian-inductive, or inference to the best explanation—can account for the structure of a scientific paper that reports an experimental result. He further argues on the basis of a survey of scientific papers, a survey whose data and results are also absent, that papers which have a rather stringent length limit, (...) such as the one on plate tectonics, are typical of science. Thus, he concludes that no standard confirmation scheme is capable of dealing with scientific practice. Suppe also requires that an adequate model of philosophical testing should be able to account for everything in such scientific papers, in which space is at a premium. (shrink)

The phrase ei mihi is used fifteen times by Plautus. On all but one occasion these words introduce a new speaker. The single ‘exception’ is, I suggest, rather an error of transmission. I quote the line in context, Bac. 1171–4 NIC. Ni abeas, quamquam tu bella es, malum tibi magnum dabo iam. BACCH. Patiar, non metuo, ne quid mihi doleat quod ferias. NIC. Ut blandiloquast! ei mihi, metuo. SOR. Hie magis tranquillust. 1173 non – blandiloquast uno versu B 1174 SOROR (...) B: B D. (shrink)

IN THIS PAPER THE AUTHOR DEALS WITH AQUINAS’ SOLUTION TO THE PROBLEM, WHETHER THE DOCTRINE OF THE INCARNATION IS CONSISTENT. HE FIRST SHOWS WHY THERE IS A PROBLEM OF CONSISTENCY WITH THIS DOCTRINE, GIVEN ORTHODOX CHRISTIAN BELIEFS. HE THEN CLAIMS THAT AQUINAS HAS TWO SOLUTIONS, AND THAT BOTH FAIL: THE FIRST SOLUTION, AS SCOTUS ALSO OBSERVES, DOES NOT RESOLVE THE APPARENT INCONSISTENCY, AND THE OTHER DEPENDS ON MAKING HUMANITY ACCIDENTAL TO CHRIST, AND HENCE ON ABANDONING THE ORTHODOX POSITION.

This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents. The article further examines the common law’s continuing commitment to the declaratory theory, a commitment that remains strong despite the considerable hostility (...) of the academy. It explains that this commitment reflects the nature of the common law. (shrink)

Governing boards utilize executive compensation contracts in an attempt to align executive actions with corporate goals. The objective is to ensure that executive performance provides value to the organization in terms of successful outcomes. A key performance criteria typically specified in CEO compensation contracts is earnings targets. However, using earnings as a performance evaluation may be problematic because some firms exhibit robust and sustained earnings over time (high earnings persistence), and other firms, such as high growth oriented firms, exhibit weak (...) or sometimes negative earnings over time (low earnings persistence). Our study reveals that the effect of high earnings persistence results in firms that focus more heavily on cash compensation (salary and bonus) rather than on equity compensation (stock options, etc.) to compensate executive performance. Additionally, for firms characterized by low earnings persistence, our study indicates that cash flows from operations act as a supplementary performance measure to accounting earnings, and become increasingly important as a means to justify executive cash compensation. (shrink)

Ronald Dworkin's theory of law forges a close connection between questions about the truth of propositions of law and the question of political obligation: law as integrity is a theory of legal practice that purports to explain, not only how the content of law is determined, but also why the law—in ordinary cases—imposes an obligation of obedience. The theory (as presented) is ultimately incoherent. If we accept Dworkin's theory of the grounds of law we are obliged to reject his claims (...) about its force; alternatively, if we accept his view of the force of law, we must reject his theory about its grounds: he cannot be correct about both force and grounds. Dworkin supposes that, in extraordinary cases, the force of law is cancelled or overridden; but the relevant considerations of justice are wholly internal to our identification of the content of law. Consistently elaborated, integrity denies the offending requirements legal status: lex injusta non est lex. (shrink)

In his Parts of Animals, Aristotle distinguishes three modes of the necessary.However, it is not clear just what these three modes are.Nor is it clear how this passage fits with other texts where A...

A successful lexicographic semantic description characterizes the concepts that occur in establishing the meaning of a listeme by modelling what the competent native-like speaker of the language knows. Because concepts can only be identified to another human through the medium of a natural language, the metalanguage used in the semantic definition of a natural language expression in the object language will always be equivalent to the natural language expression through which that metalanguage is interpreted. The metalanguage of a semantic theory (...) is a demonstrably rational abstract model developed by applying the analyst’s experience and intuitions to inferences drawn from occurrences of actual speech events. Each sense of a listeme is characterized by a description of the salient properties of its typical denotatum. To most effectively implement this project in conceptual engineering is to capture every possible sense of the listeme using metalanguage that is at the same time precise, comprehensive, and succinct. A review of several proposed lexicon/dictionary entries for the listeme cup reveals lacunae that are rectified in a decision procedure whose output characterizes the relevant sense of the input listeme using natural language and the procedural constructs/commands &, XOR, IF, ELSE, ELIF, GOTO, OUTPUT, TENABLE, NEXT ITEM. The resulting lexicographic semantic description satisfies the specified success condition. Establishing the characteristics of metalanguage is crucial to the proper investigation of conceptual engineering. (shrink)

How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake. Claims to alleviation on the grounds of (...) mistake are likely to arise wherever the law prescribes a state of mind as a prerequisite for the application of a legal rule. This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake.There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mistakes in other contexts. The goals of fields as disparate as contracts and criminal law are very different: how do these differences affect the treatment of mistakes? Farnsworth sets out a new taxonomy of mistakes. His analysis reveals that over the past century, there has been a remarkable increase in the receptivity of courts and scholars to claims for both reversal and forgiveness- a waxing of alleviating mistakes. (shrink)

In this article the author reviews the recent exchange in this Journal between David Dyzenhaus and Matthew Kramer on the merits of legal positivism. He then offers his own modest proposal regarding future debates on that topic.

This new translation of _De Caelo_ fits seamlessly with other volumes in the New Hackett Aristotle series, enabling Anglophone readers to study Aristotle’s work in a way previously not possible. The Introduction describes the book that lies ahead, explaining what it is about, what it is trying to do, how it goes about doing it, and what sort of audience it presupposes. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index indicates the places where (...) focused discussion of key notions occurs. (shrink)

Terminally ill people might want to discuss the options they have of hastening their deaths with their psychologists who should therefore know the law that regulates euthanasia in the jurisdictions where they practice. The legal, and therefore ethical, situation that influences psychologists’ position and terminally ill people’s options, however, differs notably across jurisdictions. Our aim is to provide a brief moral-legal historical context that explains how the law reform processes in different jurisdictions created these different legal contexts and options that, (...) in turn, influence psychologists’ ethical position. We conclude by considering 8 specific ethical issues at a conceptual level that might confront psychologists irrespective of where they practice. (shrink)

Discusses the gulf between the individual and collective experience, and the way the gulf is bridged in two of Malraux's novels.

Feminist scholars have long been concerned with privileged women’s activism and engagement with feminist politics and how acts of resistance from privileged subjects might best be understood. In the current moment, we are seeing a reinvigoration of interest in feminist activism particularly from young women, but not necessarily focusing on young women who are positioned as privileged. Simultaneously, there is attention in the sociology of elite schooling to the question of social justice politics in privileged spaces. In this article, we (...) contribute to both of these scholarly conversations by reporting on the feminist activism of three young women attending an elite school in Australia. We argue that these young women’s activism/feminist politics need to be understood as a complex entanglement of resistance and reproduction with regard to gender, race and class, and that drawing on recent theorisations influenced by post-humanism in feminist educational research produces fresh insights into researching gender/race/class reproduction by young women in elite educational settings. (shrink)

IN RECOVERY OF THE MEASURE: INTERPRETATION AND NATURE, Robert Cummings Neville develops a philosophy of nature and theory of interpretation as centerpieces for his projected three-volume Axiology of Thinking. This emerging ontology of value is impressive for both its originality and complexity. Neville's claims about meaning, truth, objectivity, and knowledge are deployed in explicit opposition to the relativism, historicism, and subjectivism currently so popular among philosophers. His critique is formidable because neither polemical nor defensive; it is rather the expression of (...) a coherent metaphysical vision. (shrink)

In this thorough compendium, nineteen accomplished scholars explore, in some manner the values they find inherent in the world, their nature, and revelence through the thought of Frederick FerrZ. These essays, informed by the insights of FerrZ and coming from manifold perspectives—ethics, philosophy, theology, and environmental studies, advance an ambitious challenge to current intellectual and scholarly fashions.