"The Austin of the Jurisprudence of Administrative Law" This book originated as a series of lectures presented at Johns Hopkins in 1915. It proposes a method to supplement the established doctrine of constitutional law, which enforces legislative norms through negation and review, by a system of positive principles that would guide the making of statutes and give more definite meaning and content to the concept of due process. Highly regarded since its original publication in 1917 and the winner of Harvard (...) Law School's Ames Prize in 1919, it went on to become a standard work. It was recommended, to cite two examples, in Roscoe Pound's Introduction to American Law (1919) and Arthur Vanderbilt's Studying Law (1945). A comment published at the end of Freund's career summarizes a general opinion: "The great quality which Ernst Freund brought to the study of administrative law was his capacity for analysis. He was the Austin of the jurisprudence of administrative law." -W.I.J., Law Quarterly Review 49 (1933): 588. Ernst Freund [1864-1932] was Professor of Jurisprudence and Public Law at the University of Chicago. He is widely considered to be responsible for the development of administrative law in the United States. (shrink)

The realist programme has degenerated by now to the point where it is quite beyond salvage. A token of this degeneration is that there are altogether too many realisms. It is as though by splitting into a confusing array of types and kinds, realism has hoped that some one variety might yet escape extinct. I shall survey the debate, and some of these realisms, below. Here I would just point out the obvious; that in so far as the successes of (...) science mount while realism continues to decline we must conclude that scientific success lends no support to realism. Since it is unlikely to support anti-realism, we have some reason to suspect that the philosophical debate over realism does not concern issues that can be settled by developments in the sciences, no matter how successful science may be. Further, since that success grounds a culture of acceptance for science and its entities, we have reason to believe that the existence of those entities is also not actually the issue that concerns realism. Afortiori, it is not the issue that concerns anti-realism either; nor, I might add, is anti-realism the winner in the philosophical debate that realism has lost. (shrink)

Reviewing his life's work in several areas, Koestler shows that the development of human intelligence mirrors the hierarchical order of the universe, examines links between creativity and humor, science, and art, and criticizes the behaviorist theory of cultural evolution.

A study of the philosophical problems associated with the concept of action. Professor Danto is concerned to isolate logically the notion of a 'basic action' and to examine the way in which context and intention, for example, can convert physiological movements into significant actions. He finds many suggestive parallels between the concepts - the logical architecture - of action and cognition and in developing this theme he becomes involved in and proposes new approaches to various long-standing problems connected with causality, (...) determinism and materialism. As in his earlier books, Analytical Philosophy of History and Analytical Philosophy of Knowledge, Professor Danto places the discussion in a broad historical and philosophical perspective and brings to it a wide reading and an unusual range of interests. He is always prepared to venture novel ideas to stimulate further debate and research and the book as a whole is presented as an original contribution to a subject which is attracting increasing attention from philosophers and from psychologists with an interest in the conceptual assumptions behind their work. (shrink)

. . . The book is enhanced by the polished and lucid style of Mr. Waley's translations.

1. Bd. Vier Bücher, nebst einem Anhange, der die Kritik der kantischen Philosophie enthält -- 2. Bd. Welcher die Ergänzungen zu die den vier Büchern des ersten Bandes enthält.

There is a remarkable trend in contemporary environmentalism that emphasizes ‘accepting responsibility’ for the natural world in contrast to outdated preservationist thinking that shirks such responsibility. This approach is often explained and justified by reference to the anthropocene: this fundamentally new epoch—defined by human domination—requires active human intervention to avert planetary catastrophe. However, in this paper, I suggest this rhetoric encourages a flight from history. This often jubilant, sometimes anxious, yearning for unprecedented human innovation and—ultimately—control in our new millennia mirrors (...) the Futurist movement that took off near the beginning of the last century. Despite the significant differences in the details of how academics have defended this twenty-first-century environmental outlook, they all represent the true flight from history; they too quickly jettison the ideas of historical environmentalists and so misunderstand the environmental values at the heart of preservation that are more salient than ever. (shrink)

Surveys are odd tools. The facts they reveal are often said to speak for themselves but it isn’t always obvious what to make of their findings. While this might not initially seem so with respect t...

Combining techniques of the first author and Shelah with ideas of Magidor, we show how to get a model in which, for fixed but arbitrary finite n, the first n strongly compact cardinals κ 1 ,..., κ n are so that κ i for i = 1,..., n is both the i th measurable cardinal and κ + i supercompact. This generalizes an unpublished theorem of Magidor and answers a question of Apter and Shelah.

1. Introduction. It is generally admitted that a large part of man's knowledge is based on inductive arguments. Hence any philosophical theory concerning the nature of inductive arguments constitutes an epistemological theory. Any such philosophical theory of induction must, if it is to be satisfactory, take adequate account of Hume's criticism of inductive arguments. One way of treating his criticism is to say that the validity of inductive arguments is in an important sense relative to some broad factual assumptions about (...) the general nature of the universe and that these general factual assumptions are presupposed in a certain way by the users of inductive arguments. Let us call any theory of this general type a postulate theory of induction. (shrink)

Linguistic ontologists and antilinguistic, ‘serious’ ontologists both accept the inference from ‘Fido is a dog’ to ‘Fido has the property of being a dog’ but disagree about its ontological consequences. In arguing that we are committed to properties on the basis of these transformations, linguistic ontologists employ a neo-Fregean meta-ontological principle, on which the function of singular terms is to refer. To reject this, serious ontologists must defend an alternative. This paper defends an alternative on which the function of singular (...) terms is not generally to refer and on which they are generally ontologically noncommittal. This is the best way to reject linguistic, ‘easy’ arguments for the existence of properties. The account recommends neutralism about quantification (drawing on Barcan Marcus and Meinongianism), coherently bringing together two important yet uncombined meta-ontological movements. Moreover, it employs Ramseyan insights about the transformations to provide a nonreductionist, non-error-theoretic redundancy approach to explicit talk about properties. (shrink)

The present narrative review seeks to unravel where we are now, and where we need to go to delineate the active ingredients in psychotherapy delivered by conversational agents (e.g., chatbots). While psychotherapy delivered by conversational agents has shown promising effectiveness for depression, anxiety, and psychological distress across several randomized controlled trials, little emphasis has been placed on the therapeutic processes in these interventions. The theoretical framework of this narrative review is grounded in prominent perspectives on the active ingredients in psychotherapy. (...) Based on search terms derived from various theoretical perspectives, we conducted a systematic literature search of four scientific databases and identified 17 studies. Across the selected studies, three themes emerged: relationship variables, emotional venting, and cognitive factors. While methodological issues compromise the epistemic value of this evidence base, core questions also remain to be answered. Such questions include, but are not limited to, whether humans can form affectionate bonds to inanimate beings and whether these kind of mental health treatments should be understood as psychotherapy or something else. Researchers should therefore be cautious when applying theories of psychotherapy in the realm of conversational agents. We conclude the paper by introducing recommendations for future research, which we hope will help instigate methodologically sound studies in this field. (shrink)

Pierson et al. (2024) surveyed 824 U.S. bioethicists on a wide range of ethical issues, including topics related to abortion, medical aid in dying, and resource allocation, among others. They conte...

Experts discuss the economic, legal, and social issues surrounding the use of genetic testing in determining eligibility for life insurance. Insurance companies routinely use an individual's medical history and family medical history in determining eligibility for life insurance; this is part of the process of medical underwriting. Insurers have also long used genetic information, often derived from family history, in underwriting. But rapid advances in gene identification and genetic testing are changing the way we look at genetic information. Should the (...) results of genetic testing (which might identify a predisposition toward disease not related to medical history) be available to life insurance medical underwriters? Few if any life insurers currently require genetic testing, but there are no laws or regulations prohibiting its use. Genetics and Life Insurance examines the complex economic, legal, and social issues surrounding the use of genetic information in life insurance underwriting. The contributors are legal scholars, representatives of the life insurance industry (including an actuary and an insurance physician), a geneticist, a genetic counselor, a philosopher, and a consumer advocate. They explore all aspects of an issue that has only recently drawn the attention of policymakers and the public. The book opens with a report on the results of a public opinion poll on genetics and life insurance. Succeeding chapters present the insurer perspective, a discussion of the economics of risk selection in life insurance, background information on the process of underwriting, a scientific analysis of genetic risks and mortality rates, a philosophical discussion of fairness and genetic underwriting, the viewpoints of consumers and genetics counselors, a comparison of different international policy approaches to the issue, and a legal analysis of antitrust implications when insurers collaborate in setting standards for medical underwriting. In the final chapter the editor addresses various policy options, examining the pros and cons of each one and assessing their political feasibility. (shrink)

Cannabis use in some individuals can meaningfully introduce de novo risk for the initiation of opioid use and development of opioid use disorder. These risks may be particularly high during adolescence when cannabis use may disrupt critical periods of neurodevelopment. Current research studying the combination of genetic and environmental factors involved in substance use disorders is poorly understood. More research is needed, particularly to identify which adolescents are most at risk and to develop effective interventions addressing contributing factors such as (...) trauma and psychiatric comorbidity. (shrink)

The aim of this paper is to present and discuss a probabilistic framework that is adequate for the formulation of quantum theory and faithful to its applications. Contrary to claims, which are examined and rebutted, that quantum theory employs a nonclassical probability theory based on a nonclassical "logic," the probabilistic framework set out here is entirely classical and the "logic" used is Boolean. The framework consists of a set of states and a set of quantities that are interrelated in a (...) specified manner. Each state induces a classical probability space on the values of each quantity. The quantities, so considered, become statistical variables (not random variables). Such variables need not have a "joint distribution." For the quantum theoretic application, there is a uniform procedure that defines and determines the existence of such "joint distributions" for statistical variables. A general rule is provided and it is shown to lead to the usual compatibility-commutivity requirements of quantum theory. The paper concludes with a brief discussion of interference and the misunderstandings that are involved in the false move from interference to nonclassical probability. (shrink)

Using Steel's recent result that assuming AD, in L[R] below Θ, κ is regular $\operatorname{iff} \kappa$ is measurable, we mimic below Θ certain earlier results of Gitik. In particular, we construct via forcing a model in which all uncountable cardinals below Θ are singular and a model in which the only regular uncountable cardinal below Θ is ℵ 1.

Wiggins and his colleagues (2004) are to be commended for their willingness to raise the question of the ethics of undertaking the world's first face transplant prior to initiating the experiment....

Examines ethics as a discipline from which knowledge may be derived, which offers guidance for practical understanding and moral decision making, and which underlies methods of effecting such moral decisions.

A collection of stories by bioethicists writing about their own illnesses displays the importance of microethics. From this perspective, ethics happens not in the application of principles to specific decisions, but rather in the moment-to-moment flow of clinical interaction, as healthcare workers and patients make decisions, especially in their use of language. Microethical issues that are common to multiple stories are described as dense junctures of ethical concern. Three junctures are discussed in detail: conflicts between medical and patient rationalities, issues (...) of how clinicians represent patients, and practices of truth telling. These junctures are illustrated with examples from the bioethicists’ personal stories of treatment. (shrink)

Individual differences in phonological processing abilities have often been attributed to perceptual factors, rather than to factors relating to learning and memory. Here, we consider the contribution of individual differences in declarative and procedural memory to phonological processing performance in adulthood. We examined the phonological processing, declarative memory, and procedural memory abilities of 79 native English-speaking young adults with typical language and reading abilities. Declarative memory was assessed with a recognition memory task of real and made-up objects. Procedural memory was (...) assessed with a serial reaction time task. For both tasks, learning was assessed shortly after encoding, and again after a 12-h, overnight delay. We regressed phonological processing ability with memory performance on both days. We found that declarative memory, but not procedural memory, was highly predictive of phonological processing abilities. Specifically, declarative memory scores obtained shortly after learning were associated with non-word repetition performance, whereas declarative memory scores obtained after the overnight delay were associated with phonological awareness. Procedural memory was not associated with either of the phonological processing measures. We discuss these findings in the context of adult participants with mature phonological systems. We examine possible implications for the relationship between declarative memory and phonological processing in adulthood. (shrink)

Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar aspects (...) of the common law, seeking to explain, in particular, fundamental features of the law of tort in terms of such economic ideas as transaction costs (Coase), Kaldor-Hicks efficiency (Posner), or minimizing the sum of the accident costs and avoidance costs (Calabresi and Malamed). In each case, they argued that the law of torts should be understood as a set of liability rules selected for their incentive effects, rather than as a set of substantive rights and remedies for their violation. These authors claimed to be able to explain most of the features of tort law and, where features were found that did not fit with their preferred explanations, recommended modification. Although they disagreed on important questions,1 each of the pieces seems to work a manageable structure into what strikes first-year law students as an otherwise random morass of common-law judgments. Generations of legal academics were introduced to these works, and drawn into their way of looking at things. As a student studying first-year torts with Calabresi at Yale, I had the sense that I was in the presence of greatness. (shrink)