This paper argues that in focusing on the problem of whether, and if so how, rules of law exist, legal theory endangers its capacity to both account for and evaluate how law accompanies a community in its adaptation to emerging social problems. Two classical works of legal theory are analysed, Hans Kelsen's Pure Theory of Law and HLA Hart's The Concept of Law, with a view to revealing the weaknesses of a legal theoretical approach aimed at describing the conditions under (...) which norms or rules exist as laws. An alternative is offered in the name of the concept of qualifiers. This concept is elaborated upon by reference to the work of GEM Anscombe, Bernard Jackson and Geoffrey Samuel, and an attempt is made to show how the concept of qualifiers can refocus the emphasis of legal theory on the more or less successful use of legal language by members of a legal community for the purposes of proposing legal solutions to social problems. Ultimately, the concept of qualifiers offers not only a different way of thinking about legal language, but also a different way of thinking about the limited role of language in theorising about any sort of phenomenon, including law. (shrink)

Most conceptual models of the organization of the cardiovascular system begin with the premise that the nervous system regulates the metabolic and nonmetabolic reflex adjustments of the circulation. These models assume that all the neurally mediated responses of the circulation are reactive, i.e., reflexes elicited by adequate stimuli. This target article suggests that the responses of the circulation are conditional in three senses. First, as Sherrington argued, reflexes are conditional in that they never operate in a vacuum but in a (...) context together with other reflexes. Guided by functional utility, they interact rather than add. Second, as Pavlov argued, stimuli acquire meanings as a result of experience. This notion of stimulus effect plus the Sherringtonian notion of conditionality suggest that association is one of the ways stimuli eliciting cardiovascular reflexes acquire their meanings and thus their relative strengths. Finally, as Skinner and others have argued, operants are responses that act upon the environment to obtain consequences – that is, stimuli. As operants, cardiovascular responses fulfill a major biological need, functioning proactively. The cardiovascular response is an integral component of the animal's behavior regardless of whether it is an elicited reflex or the eliciting stimulus acquired its properties as a result of the genetic inheritance of the animal or through experience, or the cardiovascular response is emitted in anticipation of an environmental consequence. The main theses of this essay are: (1) behavior is an integrated set of responses and the circulation is one of the response systems comprising behavior; (2) behavior is, in part, determined by its functional significance within a context; (3) the contextual factors operative at the time of the behavior have a major role in determining which of the set of possible responses will determine the final act, that is, which behavior will be the effective response and which other behaviors will be concomitants. (shrink)

The plan for this volume emerged during the international Leipzig conference commemorating the centenary of the death of Gustav Fechner.

Clinical trials for acute conditions such as myocardial infarction and stroke pose challenges related to informed consent due to time limitations, stress, and severe illness. Consent processes shou...

The rediscovery of biblical and Talmudic notion of responsibility is an alternative in the context of theological reflection, in relation the shortcomings ethics of the philosophical project of modernity. In this context, the rescue of the uniqueness of this responsibility reveals a fruitful relationship between Jewish thought and moral theology. This article, in order to demonstrate this fecundity, evidences the force of ethical wisdom of Old Testament, from the perspective of the jewish philosopher Emmanuel Levinas.

Bird songs often display musical acoustic features such as tonal pitch selection, rhythmicity, and melodic contouring. We investigated higher-order musical temporal structure in bird song using an experimental method called “music scrambling” with human subjects. Recorded songs from a phylogenetically diverse group of 20 avian taxa were split into constituent elements and recombined in original and random order. Human subjects were asked to evaluate which version sounded more “musical” on a per-species basis. Species identity and stimulus treatment were concealed from (...) subjects, and stimulus presentation order was randomized within and between taxa. Two recordings of human music were included as a control for attentiveness. Participants varied in their assessments of individual species musicality, but overall they were significantly more likely to rate bird songs with original temporal sequence as more musical than those with randomized temporal sequence. We discuss alternative hypotheses for the origins of avian musicality, including honest signaling, perceptual bias, and arbitrary aesthetic coevolution. (shrink)

The Greek philosopher Aristotle continued the tradition of his predecessors, Socrates, the Sophists, and Plato, who for the first time had made man the centre of philosophical reflection. However, Aristotle did not limit his thought to man alone; man, situated at the top of the Great Chain of Being, is an integral part of the encompassing nature. In his Treatise on the Soul (De Anima) Aristotle’s argument concerning the soul’s knowledge-generating faculties, in particular the dialogue with his predecessors, resembles in (...) many respects the philosophical debate on the pramāṇas, ‘the valid ways of cognition’, which informed the classical Indian schools of thought. In Aristotle’s De Anima we possess a unique, coherent treatise that deals exhaustively with ‘valid ways of cognition’, a treatise that kept its prominent position until the Scientific Revolution of the 16/17th century. This book focuses on the concept of the hylomorphic soul and the process by which it actuates cognition, that means it is concerned with Aristotle’s epistemology. From his conception of the soul or psychẽ as the entelexeia of the body arises the ‘noetic problem’. The idea of a human mind, nous, that takes part in a supra-individual, semi-divine world of knowledge (epistẽmẽ) is apparently at odds with the basic principles of Aristotle’s philosophy. When the Philosopher avows that the mind is ‘separable’ in its true realization, the question is how it can still be part of the human soul. It is argued that the so-called ‘susceptible mind’ (νοῦς παθητικός) and its actual operation are two aspects of one and the same nous: the potency of the human mind to accommodate forms or ideas distinguishes it fundamentally from the divine ‘thinking of thinking’, the eternal, immutable state of the celestial mind. (shrink)

This book is a tribute to Kevin Kelly, who has been one of the most influential British theologians for a number of decades. On its own merits, however, it is groundbreaking collection of essays on key themes, issues and concepts in contemporary moral theology and Christian ethics. The focus is on perspectives to inform moral debate and discernment in the future. The main themes covered are shown in the list of contents below. Several of the of the contributors are from (...) the United States, three others live and work in Continental Europe and the rest are from various parts of the British Isles. Many of the authors are among the best known in their fields on both sides of the Atlantic. (shrink)

Modern medicine, based on enormous progress in science and its applications, has lost dimensions of individualized treatment and compassion which traditionally were an essential part of physician’s service over the millennia in Eastern and Western cultures. Today diseases and symptoms, rather than persons, are treated, based on objective quality norms and inflexible payment schemes rather than the rather than persons. We present a checklist model for personalized health care, which has been successful in teaching and practice to reclaim lost territory (...) in treating patients as persons. (shrink)

[Open access] In this book symposium the author takes up questions from phenomenology, hermeneutics, ethical theory, and intellectual history raised by a group of scholarly interlocutors from a range of backgrounds. In the course of engaging with these issues, he discusses, inter alia, McDowell’s realism, Jonathon Lear’s work on the end of a world, Michael Oakeshott’s view of selfhood, Heidegger’s conception of Jemeinigkeit, Uexküll’s notion of Umwelt, and Gadamer’s hermeneutic conception of truth.