Mayer, Caruso, and Salovey (2016) provide useful updates to the EI ability model and related concepts. However, they do not acknowledge conceptual limitations with the MSCEIT proportion scoring algorithm. In our view, failure to recognize these limitations has impeded refinements to the EI ability model and delayed support for positioning EI within the Cattell-Horn-Carroll (CHC) three-stratum theory of intelligence (Carroll, 1993). Fully appreciating algorithm-related issues justifies the reanalysis of MSCEIT data and may expand the range of metrics that are available (...) to refine EI theory. (shrink)

We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

We argue that there is a conflict among classical theism's commitments to divine simplicity, divine creative freedom, and omniscience. We start by defining key terms for the debate related to classical theism. Then we articulate a new argument, the Aloneness Argument, aiming to establish a conflict among these attributes. In broad outline, the argument proceeds as follows. Under classical theism, it's possible that God exists without anything apart from Him. Any knowledge God has in such a world would be wholly (...) intrinsic. But there are contingent truths in every world, including the world in which God exists alone. So, it's possible that God contingently has wholly intrinsic knowledge. But whatever is contingent and wholly intrinsic is an accident. So, God possibly has an accident. This is incompatible with classical theism. Finally, we consider and rebut several objections. (shrink)

Anthropological discussions were important for Michael Polanyi in the middle phase of his intellectual career, in which he articulated in some detail his understanding of science, culture and society. This middle period commenced with his 1946 Riddell Memorial Lectures at Durham University in early 1946, published as Science, Faith and Society later that year, and extended through the publication of Personal Knowledge: Towards a Post-Critical Philosophy in 1958, based on Polanyi’s 1951 and 1952 Gifford Lectures. The Riddell Lectures gave Polanyi’s (...) most robust working out of his constructive theory of science to date, although some of the ideas developed in Science, Faith and... (shrink)

This article details day-to-day ethics issues facing MBAs who occupy entry-level and mid-level management positions and offers defined examples of the stressors these managers face. The study includes lower-level managers, essentially excluded from extant literature, and focuses on workplace behaviors both undertaken and observed. Results indicate that pressures from internal organization sources, and ambiguity in letter versus spirit of rules, account for over a third of the most frequent unethical situations encountered, and that most managers did not expect to face (...) those issues. Various contextual factors accounted for 32% of the organizational factors that affected decisions. We discuss implications for the workplace, especially the unique ethics challenges for newer managers. (shrink)

Nanotechnology presents significant challenges in terms of developing a regulatory framework. This is due to a lack of scientific knowledge about the behaviour of the technology in its interactions with biological and ecological processes, the environment and other technologies. Crucially, there is a great deal of uncertainty surrounding the potential environmental and human health and safety impacts of NT. Consequently, the development of NT is a potential test case for framing new models of ‘soft law’ voluntary governance as a substitute (...) for traditional command and control type regulation. Driven by ‘new science governance,’ an approach based on a combination of ideas in anticipatory ethics, future-oriented responsibility, upstream public engagement and deliberation and theories of justice may offer a solution. The uniqueness of the approach can be found in the incorporation of anticipatory approaches via public participation and deliberation as the input into procedural justice approaches with distributional justice as the output. The overarching objective of this work is to contribute to the discussion in relation to the internalisation of responsibility and the building of intellectual and societal capacity to anticipate negative consequences before they arise in the hope that such an approach could be the antithesis of the retrospective imposition of responsibility and liability after the harm is done, which is the outcome of traditional regulatory and ethical approaches. Ultimately, the purpose is to contribute to the long-term sustainability of NT. (shrink)

This edited volume of original contributions deals with the economic and political thought of Michael Polanyi. Requiring little prior knowledge of Polanyi, this volume further develops a somewhat neglected side of Polanyi's work. In particular it examines the 'tacit integration', of subsidiary details into focal objects or actions as central to all knowing and action. It traces ontological counterparts in the structures of comprehensive entities and complex actions, and a multi-level universe in which lower levels have their boundary conditions, the (...) extents to which they apply, determined by those of the next higher level, whilst each possessing its own laws or operative principles. This schema of 'dual control' preserves the reality and relative autonomy of each level, and its interactions with others, against the various reductions. The essays in this volume also employ and develop important additional concepts and distinctions such as: 'corporate' and 'spontaneous' order; 'public' and 'private' liberties; 'general' and 'specific authority'; and 'moral inversion'; which, as the essays show, are necessary for understanding and maintaining a free society and the freedom of institutions within it. Among the topics treated with them are: more of the prerequisites of freedom in public liberties dedicated to principles and transcendent values; totalitarianism and society as spontaneous order; the balance of general and specific authority in society and particular institutions; reductionism, totalitarianism and consumption in consumer societies, as moral inversions; the mutual interactions of economics and politics as distinct and autonomous but interacting levels; the sociological aspects of economics; and Polanyi's own contributions to sociology. Although, as indicated, Polanyi has his special terms, the essays in this volume, like his works, give them meaning with concrete examples and so avoid merely shuffling a mass of abstractions. Together the essays show that his work is a rich seam of ideas and inspiration for yet further extension and application--Publisher. (shrink)

Variable responses to transcranial direct current stimulation protocols across individuals are widely reported, but the reasons behind this variation are unclear. This includes tDCS protocols meant to improve attention. Attentional control is impacted by top-down and bottom-up processes, and this relationship is affected by state characteristics such as anxiety. According to Attentional Control Theory, anxiety biases attention towards bottom-up and stimulus-driven processing. The goal of this study was to explore the extent to which differences in state anxiety and related measures (...) affect visual attention and category learning, both with and without the influence of tDCS. Using discovery learning, participants were trained to classify pictures of European streets into two categories while receiving 30 min of 2.0 mA anodal, cathodal, or sham tDCS over the rVLPFC. The pictures were classifiable according to two separate rules, one stimulus and one hypothesis-driven. The Remote Associates Test, Profile of Mood States, and Attention Networks Task were used to understand the effects of individual differences at baseline on subsequent tDCS-mediated learning. Multinomial logistic regression was fit to predict rule learning based on the baseline measures, with subjects classified according to whether they used the stimulus-driven or hypothesis-driven rule to classify the pictures. The overall model showed a classification accuracy of 74.1%. The type of tDCS stimulation applied, attentional orienting score, and self-reported mood were significant predictors of different categories of rule learning. These results indicate that anxiety can influence the quality of subjects’ attention at the onset of the task and that these attentional differences can influence tDCS-mediated category learning during the rapid assessment of visual scenes. These findings have implications for understanding the complex interactions that give rise to the variability in response to tDCS. (shrink)

New standards adopted by the Association to Advance Collegiate Schools of Business International (AACSB) stress business curriculum-wide learning objectives, of which ethics is a critical part. “Knowledge and skills” in ethical responsibilities are required as part of institutionalaccreditation. An exploratory study offers insight into ethics integration, perceived comfort in teaching ethics, and methods used. The main tension presented balances calls for ethics across business curricula with the assertion that ethics instruction, in the hands of an untrained professor, may do more (...) damage than good. Results suggest that while faculty include ethics in their courses, only slightly more than half have received some kind of ethics training. We also explore ethics pedagogies and found differences between methods respondents used in the classroom and desired learning methods for themselves. We offer insights about and possible explanations for the gaps we found in our study, contextualizing them in new literature. We finish with a brief discussion of how our findings impact accreditation assessment. (shrink)

In light of the potential long-term societal and economic benefits of novel nano-enabled products, there is an evident need for research and development to focus on closing the gap in nano-materials safety. Concurrent reflection on the impact of decision-making tools, which may lack the capability to assist sophisticated judgements around the risks and benefits of the introduction of novel products, is essential. This paper addresses the potential for extant decision support tools to default to a precautionary principle position in the (...) face of uncertainty. A more utilitarian-based approach could be facilitated by adding simple methods to formulate realistic hypotheses, which would assist non-specialists to make more nuanced decisions in terms of managing the risks of introducing new NMs. A decision support analytical framework is applied to identify the potential risks and benefits of novel nano-enabled products such as textiles with in-built enhanced antimicrobial activity for the prevention of nosocomial infections produced by spray or sonochemical coating possesses. While the results demonstrate valuable societal and environmental benefits compared to conventional products, due to uncertainty regarding the possible hazard to humans, sizable risks were identified in some cases due to the precautionary principle. (shrink)

In certain theological circles today, panentheism is all the rage. One of the most notorious difficulties with panentheism lies in figuring out what panentheism actually is. There have been several attempts in recent literature to demarcate panentheism from classical theism, neo-classical theism, open theism, and pantheism. I shall argue that these attempts to demarcate panentheism from these other positions fail. Then I shall offer my own demarcation.

In recent years the doctrine of divine simplicity has become a topic of interest in the philosophical theological community. In particular, the modal collapse argument against divine simplicity has garnered various responses from proponents of divine simplicity. Some even claiming that the modal collapse argument is invalid. It is our contention that these responses have either misunderstood or misstated the argument, and have thus missed the force of the objection. Our main aim is to clarify what the modal collapse argument (...) in fact says, and explain why the recent responses do not succeed. In order to argue our case, we will proceed in several steps. First, we aim to systematically articulate the doctrine of divine simplicity. Second, articulate the Christian conviction that God is free to create any feasible world or no world at all. Third, argue that divine simplicity suffers a modal collapse and thus undermines God's freedom. Fourth, respond to potential objections to modal collapse. Fifth, we offer some concluding remarks. (shrink)

There has long been interest in identifying and studying ‘‘successful psychopaths.” This study sampled psychologists with an interest in law, attorneys, and clinical psychology professors to obtain descriptions of individuals considered to be psychopaths who were also successful in their endeavors. The results showed a consistent description across professions and convergence with descriptions of traditional psychopathy, though the successful psychopathy profile had higher scores on conscientiousness, as measured within the five-factor model (FFM). These results are useful in documenting the existence (...) of successful psychopathy, demonstrating the potential benefit of informant methodology, and providing an FFM description that distinguishes successful psychopaths from unsuccessful psychopaths studied more routinely within prison settings. (shrink)

The paper proposes a revised logic of rights in order to accommodate moral conflict. There are often said to be two rival philosophical accounts of rights with respect to moral conflict. Specificationists about rights insist that rights cannot conflict, since they reflect overall deontic conclusions. Generalists instead argue that rights reflect pro tanto constraints on behaviour. After offering an overview of the debate between generalists and specificationists with respect to rights, I outline the challenge of developing a logic of rights-reasoning (...) that is compatible with generalism. I then proceed to offer a new logical framework, which utilizes a simple non-monotonic logic of practical reasoning. Both generalist and specificationist interpretations of the logic are explored. The revised logic shows that traditional characterizations of the debate between specificationists and generalists obscure other relevant philosophical positions. (shrink)

A growing consensus in the philosophy and psychology of concepts is that while theories such as the prototype, exemplar, and theory theories successfully account for some instances of concept formation and application, none of them successfully accounts for all such instances. I argue against this ‘new consensus’ and show that the problem is, in fact, more severe: the explanatory force of each of these theories is limited even with respect to the phenomena often cited to support it, as each fails (...) to satisfy an important explanatory desideratum with respect to these phenomena. I argue that these explanatory shortcomings arise from a shared assumption on the part of these theories, namely, they take similarity judgements and application of causal knowledge to be discrete elements in a theory of concepts. I further propose that the same assumption carries over into alternative theories offered by proponents of the new consensus: pluralism, eliminativism, and hybrid theories. I put forth a sketch of an integrated model of concept formation and application, which rejects this shared assumption and satisfies the explanatory desiderata I discuss. I suggest that this model undermines the motivation for hybrid, pluralist, and eliminativist accounts of concepts. _1_ Introduction _2_ The Similarity-Based Approach and the Importance of Theory _2.1_ The similarity-based approach _2.2_ The selection desideratum _2.3_ Causal knowledge as satisfying the selection desideratum _3_ The Theory-Based Approach and the Importance of Similarity _3.1_ The theory-based approach _3.2_ The range desideratum _3.3_ Similarity as satisfying the range desideratum _4_ An Integrated Approach to Concepts _4.1_ An integrated model _4.2_ The integrated theory versus hybrid theories of concepts _5_ Conclusion. (shrink)

The End of the Timeless God considers two approaches to the philosophy of time, presentism and eternalism. It is often held that God cannot be timeless if presentism is true, but can be if eternalism is true. R. T. Mullins draws on recent work in the philosophy of time as well as the work of classical Christian thinkers such as Augustine, Anselm, and Aquinas to contend that the Christian God cannot be timeless in either case.

In lieu of an abstract, here is a brief excerpt of the content:Purity and Pollution: Resisting the Rehabilitation of a VirtueAmy Mullin“Purity” is a term used infrequently in contemporary academic literature. A survey of periodical indexes for the past ten years shows that references to purity occur predominantly in metallurgy. Purity is an increasingly important topic in anthropology, religious studies, and history, but it is a decidedly rare concern in philosophy. In my most recent search I found three references.Yet “purity” (...) was once a recurrent term in the philosophical tradition ranging from Plato through Augustine and Kant to Kierkegaard. Today when we encounter the many references to purity in the history of philosophy we too often filter them out. We assume either that “pure” is a generic term for good, or, in what seems a more knowing and sophisticated response, we read “pure” as a code term for chastity or sexual morality, the elimination, suppression or control of sexual desire. In both cases purity is written off either as a generic or as an old fashioned and rather embarrassing virtue. Hence it seems there is little reason for contemporary philosophical investigation into the rhetorical use of the language of purity and pollution.Three assumptions account for the lack of contemporary philosophical interest in the topic. First, it is assumed that purity is no longer a concern in twentieth-century philosophy. Second, purity in historical discourse is considered to be limited to a prudish or downright misogynist hostility to sex. Third and finally, it is assumed that the work historians and anthropologists have done recently into connections between purity beliefs and practices and social cohesion is irrelevant for philosophy. This is because purity in philosophy is supposed to be a resolutely individualist virtue, having little or nothing to do with unified and coherent communities.There are elements of truth to all three beliefs, but they also contain important distortions of the truth. As regards the first assumption, purity remains a concern in contemporary aesthetics, where it often means roughly something like a priori and apolitical; but I am interested in whether the concern with purity has survived in philosophies with ethical implications. [End Page 509] Here it is my contention that authenticity is the twentieth-century descendant of the virtue of purity.Second, there is much more to the rhetoric and practices of purity than concern with the sexual dimension of life, though this is a key aspect of most, and the beliefs and practices are often misogynist. There have been numerous anthropological documentations of ways in which purity beliefs, particularly an emphasis on sexual purity, are used to control women. Santi Rozario’s work, for instance, makes this point in her analysis of contemporary Bengali village life. 1 The connection between the language of purity and the practice of female circumcision, which I will not discuss in this paper, is in itself evidence enough of connections between purity beliefs and practices harmful to women. 2 However, I hope to show that there is more to purity than misogyny. Purity most basically is about order, both social and personal. 3My response to the second assumption, that purity masks an obsession with sexual control, indicates the source of my disagreement with the third, the contention that purity in philosophy is exclusively an individual virtue. Communal beliefs and practices associated with the language of purity and pollution are relevant to the philosophical treatment of purity because of the presence in both the practices and the philosophies of an interplay between social and personal order. As a result I believe an understanding of the dynamics of beliefs about purity in social practice can inform a philosophical concern with purity.First I investigate shifts in beliefs and practices concerning purity and pollution. I will concentrate on three models: ancient Greek (from the eighth to the third century BC), biblical to Talmudic Judaism (from the third century BC to the third century AD), and early Christian (from the first to the fifth century AD). These represent three traditions which have played a very significant role in shaping western civilization, theology, and philosophy. 4 They were also frequently interrelated in this period, as Christian and Jewish Platonists writing in Greek attest and of course as... (shrink)

This paper examines the interplay between conceptual structure and the evolution of scientific concepts, arguing that concepts are fundamentally ‘forward-looking’ constructs. Drawing on empirical studies of similarity and categorization, I explicate the way in which the conceptual taxonomy highlights the ‘relevant respects’ for similarity judgments involved in categorization. I then propose that this taxonomy provides some of the cognitive underpinnings of the ongoing development of scientific concepts. I use the concept synapse to illustrate my proposal, showing how conceptual taxonomy both (...) facilitates and constrains the accommodation of newly discovered phenomena. I end by briefly considering the implications of the proposed approach for a normative evaluation of scientific concepts. (shrink)

I argue that it is appropriate for adult recipients of personal care to feel and express gratitude whenever care providers are inspired partly by benevolence, and deliver a real benefit in a manner that conveys respect for the recipient. My focus on gratitude is consistent with important aspects of feminist ethics of care, including its attention to the particularities and vulnerabilities of caregivers and care recipients, and its concern with how relations of care are shaped by social hierarchies and public (...) institutions. In addition, it goes beyond the current preoccupations of care ethicists both by introducing gratitude as an important aspect of morally valuable relations of care and by stressing the significance of attending not only to the needs but also the capacities of recipients of care. (shrink)

Christian theism claims that God is in some sense responsible for the existence and nature of time. There are at least two options for understanding this claim. First, the creationist option, which says that God creates time. Second, the identification view, which says that time is to be identified with God. Both options will answer the question, “what is time?” differently. I shall consider different versions of the creationist option, and offer several objections that the view faces. I will also (...) consider different versions of the identification view, and argue that the objections it faces can be refuted. (shrink)

Writing involves risks—the risk that one will be misunderstood, the risk of being persecuted, the risks of being made a champion for causes in which one does not believe, this risk of inadvertently supporting a reader’s prejudices, to name a few. In trying to give expression to what is true, the writer must “clear a passage within the agitated world of passions,” an undertaking that always to some extent fails: writers are never the master of their own speech. In _Writing: (...) The Political Test, _France’s leading political philosopher, Claude Lefort, illuminates the process by which writers negotiate difficult path to free themselves from the ideological and contextual traps that would doom their attempts to articulate a new vision. Lefort examines writers whose works provide special insights into this problem of risk, both literary artists and political philosophers. Among them are Salman Rushdie, Sade, Tocqueville,m Machiavelli, Leo Strauss, Orwell, Kant, Robespierre, Guizot, and Pierre Clastres. In Tocqueville, for example, Lefort finds that the author’s improvisatory and open-ended expression represents the character of the democratic experience. Orwell’s work on totalitarianism shows up the totalitarian subject’s complicity in this political regime. And Rushdie is remarkable for his solid attack on relativism. With the character and fate of the political forms of modernity, democracy, and totalitarianism a central theme, Lefort concludes with some reflections on the collapse of the Soviet Union. This intriguing and accessible exploration of literature’s political aspects and political philosophy’s literary ones will be welcomed by those who have been stymied by current efforts to bridge these two fields. Taken together, the essays in this volume also stand as an intellectual autobiography of Lefort, making it an excellent introduction to his work for less experience students of political theory or philosophy. (shrink)

I greatly appreciate Thomas Flint’s reply to my paper, “Flint’s ‘Molinism and the Incarnation’ is too Radical.” In my original paper I argue that the Christology and eschatology of Flint’s paper “Molinism and the Incarnation” is too radical to be considered orthodox. I consider it an honor that a senior scholar, such as Flint, would concern himself with my work in the first place. In this response to Flint’s reply I will explain why I still find Flint’s Christology and eschatology (...) to be too radical. Below I shall attempt to address various issues raised by Flint in his reply. (shrink)

Qu'est-ce qu'un enseignement? Une pensée? Qu'autorisent-ils? À la suite de Claire Brunet, Sandra Laugier et Frédérique Ildefonse qui dirigent ce volume, d'anciens étudiants, aujourd'hui chercheurs renommés ou plus discrets, creusent à travers le sillon de leur discipline ce que leur a permis l'enseignement de leur maître commune à l'École normale supérieure. Les amitiés intellectuelles s'y joignent. Ce que l'on appelle communément communication dans le monde académique devient texte. Tous, en creux, décrivent l'influence d'un enseignement, la liberté qu'il permet à des (...) esprits pour s'épanouir et nous laissent découvrir un portrait intellectuel d'une grande originalité. La pensée de Claude Imbert, philosophe, logicienne, longtemps directrice du département de philosophie de la rue d'Ulm, n'a pas les honneurs médiatiques français en sus des "académiques" d'usage. S'y prêterait-elle? Pourtant, la philosophe française est depuis plus de vingt ans lue, reçue et écoutée dans les universités du monde entier, des Etats-Unis à la Chine en passant par l'Amérique du Sud. Tous les textes rassemblés ici, comme autant de variations, sans jamais le dire, souhaitent contribuer à la reconnaissance de l'oeuvre. Un inédit "Ne rien oublier et tout apprendre" de la philosophe et un texte de Pascalle Monnier, écrivain, accompagnent le volume."--Page 4 of cover. (shrink)

Similarity‐based theories of concepts have a broad intuitive appeal and have been successful in accounting for various phenomena related to the formation and application of concepts. Their adequacy as theories of concepts has been questioned, however, as similarity is often taken as too flexible, too unconstrained, to be explanatory of categorization. In this article, I propose an account of similarity that takes the “foil” against which the target items are measured as integral to the process of comparison, making the similarity (...) relation a fundamentally triadic one. I argue that this account delivers more internal constraints on the process of comparison than the traditional, dyadic account of similarity does. Finally, I propose that this account is advantageous for a similarity‐based theory of concepts, as it easily integrates with the notion of conceptual taxonomy and uses it to deliver additional constraints on categorization. On such a theory of concepts, the foil, whose variability is in large part responsible for the flexible nature of similarity judgements, is turned within the framework of conceptual taxonomy to the very element that constrains similarity judgements in categorization. Therefore, this notion of similarity mitigates the worry that similarity is too flexible to be explanatory of categorization. (shrink)

This highly original book argues for increased recognition of pregnancy, birthing and childrearing as social activities demanding simultaneously physical, intellectual, emotional and moral work from those who undertake them. Amy Mullin considers both parenting and paid childcare, and examines the impact of disability on this work. The first chapters contest misconceptions about pregnancy and birth such as the idea that pregnancy is only valued for its end result, and not also for the process. Following chapters focus on childcare provided in (...) different circumstances and on the needs of both providers and receivers of care. The book challenges the assumption that isolated self-sacrifice should be the norm in either pregnancy or childcare. Instead reproductive labor requires greater social support. Written from the perspective of a feminist philosopher, the book draws on the work of, and seeks to increase dialogue between, philosophers and childcare professionals, disability theorists, nurses and sociologists. (shrink)

Nous publions dans ce volume les dits d'une journee d'etude en hommage de Claude Troisfontaines intitulee La Raison par quatre chemins. Apres une introduction, le lecteur trouvera une premiere figuration de ce que sont les quatre chemins de la Raison. En effet, dans son parcours academique comme dans sa vie intellectuelle, il nous semble que le travail philosophique de Claude Troisfontaines s'est deploye en quatre directions significatives: la reflexion epistemologique, les recherches en theologie naturelle ou philosophique, les etudes sur les (...) rapports entre la philosophie et les differents arts, et les etudes blondeliennes. Dans les contributions, toutes remarquables par leur vivacite, bien que provenant d'horizons differents, les auteurs ont choisi d'emprunter un de ces quatre chemins de la Raison, en signe de compagnonnage envers Claude Troisfontaines, afin d'evoquer chacun a sa maniere une meme Histoire, vecue ou partagee. Enfin le livre contient une bibliographie complete des travaux d'edition et des publications de Claude Troisfontaines. (shrink)

ABSTRACTAccording to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I then offer some reflections (...) on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)