Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original (...) legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers. (shrink)

The controversy over judicial activism is as old as the question whether law is “made” or “found” by the courts, and is die quintessential living question for legal philosophers. Here the practical meets the abstract, as Supreme Court justices must, explicitly or not, adopt some philosophical viewpoint in deciding how general constitutional propositions do, or do not, decide current concress te controversies.

In this lecture, given on 16 June 2004, the author expounds on the definition of Matter and Form in the science of Kabbalah, and the boundaries of our perception of the two. He also explains about the difference between the perspective of Kabbalah and the perspective of conventional science with regard to one's perception of reality. The last section of the lecture touches on the essence of spiritual perception (attainment) and the way by which it is enhanced.

Departing from hypothetical dilemmas and drawing on examples from law, this paper offers a pragmatist account of normative induction that characterizes moral particularism and generalism as stages of inquiry into ethical problems, rather than rival accounts of moral knowledge and motivation. Pragmatism’s response to analytical moral theory lies in understanding the transformative nature of John Dewey’s social continuum of inquiry. The continuum is unrecognized in the analysis of hypothetical dilemmas, like the trolley problem, but can clearly be seen in studies (...) of law. Real moral dilemmas represent actual conflicts, of which the dimensions emerge through experience and the solution cannot be addressed through the analysis of cleverly balanced moral puzzles. Repeated over time, real problems drive the consensual formation and revision of social practices and the predication of general moral rules and principles. Ethical particularism holds that the evaluative cannot be “cashed out” propositionally, and that it is descriptively “shapeless.” It fails to recognize that real moral problems occur in a continuum, and at first encounter a shapeless particularist context of seemingly unlimited non-moral properties. Normativity is driven by repetition of similar situations toward shared practices and descriptive predication. Rather than a Dancian retention of epistemic status by defeated reasons, this illustrates retirement of relevant properties and accompanying reasons, transformation of the reasons environment, and a pluralist normative ontology. (shrink)

Contemporary analytical jurisprudence holds that the “doubtful” or “hard” case, not resolved by any clear legal authority, is either legally indeterminate or can be resolved only by judicial recourse to principles. There is an aspect of the “doubtful case” that militates against recourse to principle. When viewed as representative of an early stage of a continuing class of disputes, then (especially in controversial cases of broad import) judicial recourse to principles may lead to an improvident choice of reasons, and violates (...) fundamental democratic values. This argues for early judicial minimalism or particularism, where judges resolve decisions narrowly, for two reasons: 1) principled resolution of all doubtful cases is inconsistent with the exploration and classification phase of judicial inquiry, and 2) public debate among scholars and citizens should be permitted to play a role in the development of practical reasoning and the adjustment of practices surrounding broad controversies. (shrink)

Weak links, in the form of inadequacies in both reasoning and supporting evidence, exist at several critical steps in the derivation of an hierarchical concept of evolution from punctuated equilibria. Punctuation itself is predicated on a distorted reading of phyletic change as phyletic gradualism, and of allopatric speciation as the instantaneous formation of unchanging typological taxa. The concept of punctuation is further confounded by the indescriminate employment of the same term to denote both a causal explanation for evolutionary change and (...) an outcome of substantiated evolutionary processes. Even when the intended usage for the term is specified, each denotation of punctuation entails respective drawbacks. As a causal explanation, punctuation clearly belongs to the class of quantum theories with all their attendant impedimenta, including special salsatory non-adaptive mechanisms of evolutionary change. Redefinition of punctuation as a pattern of morphologic change reduces it to one possible outcome of known microevolutioanry processes, thus obviating any need for an hierarchical explanation of macroevolution. While vacillation between usages has preserved the term in the literature, the end result of this obfuscation has been a circle of faulty reasoning in which the pattern of punctuation is invoked as its own proof. Widespread confusion concerning what constitutes an adequate test of punctuation is directly attributable to imprecision in both the original and revised formulations of the concept.The argument for species-level selection is based on the typological and philosphically flawed premise of species as individuals, and further requires the hypothesis of heritable emergent properties, for which empirical evidence is lacking. (shrink)

Many years ago, C.B. Martin drew our attention to the possibility of ‘finkish’ dispositions: dispositions which, if put to the test would not be manifested, but rather would disappear. Thus if x if finkishly disposed to give response r to stimulus s, it is not so that if x were subjected to stimulus r, x would give response z; so finkish dispositions afford a counter‐example to the simplest conditional analysis of dispositions. Martin went on to suggest that finkish dispositions required (...) a theory of primitive causal powers; there, I think, he was mistaken. All that they require is an improved conditional analysis, and this improved analysis can be built upon whatever treatments of properties and of laws we may favour on other grounds. (shrink)

The last phase of Greek philosophy has until recently been less intelligently studied than any other, and in our understanding of its development there are still lamentable lacunae. Three errors in particular have in the past prevented a proper appreciation of Plotinus' place in the history of philosophy. The first was the failure to distinguish Neoplatonism from Platonism: this vitiates the work of many early exponents from Ficinus down to Kirchner. The second was the belief that the Neoplatonists, being ‘mystics,’ (...) were necessarily incomprehensible to the plain man or even to the plain philosopher. To have encouraged the persistence of this superstition in the nineteenth century is the least pardonable of Creuzer's many sins. The third was the chronological confusion involved in the ascription to Saint Paul's contemporary of the works of the pretended Dionysius Areopagita, which contain a fully-developed Neoplatonic theology. Though the fraud had been exposed by Scaliger, these writings continued down to the beginning of the nineteenth century to be used as evidence that the ‘Nsoplatonic trinity’ was an inferior imitation of the Christian one. When this false trail was at length abandoned the fashion for orientalizing explanations persisted in another guise: to the earliest historians of Neoplatonism, Simon and Vacherot, the school of Plotinus was ‘the school of Alexandria,’ and its inspiration was mainly Egyptian. Vacherot says of Neoplatonism that it is ‘essentially and radically oriental, having nothing of Greek thought but its language and procedure.’ Few would be found to-day to subscribe to so sweeping a pronouncement; but the existence of an important oriental element in Plotinus' thought is still affirmed by many French and German writers. (shrink)

Because corporate social responsibility can be beneficial to both companies and its stakeholders, interest in factors that support CSR performance has grown in recent years. A thorough integration of CSR in core business processes is particularly important for achieving effective long-term CSR practices. Here, we explored the individual CSR-related competencies that support CSR implementation in a corporate context. First, a systematic literature review was performed in which relevant scientific articles were identified and analyzed. Next, 28 CSR directors and managers were (...) interviewed. The literature review complemented with interview data resulted in the following eight distinct CSR-related competencies: Anticipating CSR challenges; Understanding CSR-relevant systems and subsystems; Understanding CSR-relevant standards; CSR management competencies, including Leading CSR programs, Managing CSR programs, and Identifying and realizing CSR-related business opportunities; Realizing CSR-supportive interpersonal processes; Employing CSR-supportive personal characteristics and attitudes; Personal value-driven competencies, including Ethical normative competencies, Balancing personal ethical values and business objectives, and Realizing self-regulated CSR-related behaviors and active involvement; and Reflecting on personal CSR views and experiences. Based on these results, implications for further research on this topic, as well as implications for practitioners, are discussed. (shrink)

The responses to the questions of why? when?, how?, where?, and in what ways? business ethics should be taught in the BusinessEthics classroom inundate the scholarly literature. Yet, to date, despite some very interesting ideas, with respect to the answers givento the above question, not only has nothing even close to consensus been reached, but this particular area of pedagogy is instagnation—authors still challenge both the very idea of teaching business ethics as well as the practical value of such courses (...) for ourstudents once they graduate to the corporate world.In this paper I will suggest that the reason for this lack of pedagogical progress is that there has been a serious oversight regarding the most important teaching question of all: Who? I will show that the pedagogical issue of whom should be teaching Business Ethics has been largely ignored, skirted or answered incorrectly. I will then boldly argue that the only necessary condition for successful courses inBusiness Ethics is that they be taught by experts in ethics, i.e., Ph.D.s in philosophy. (shrink)

This original and lively book explores Greek ideas about health and disease and their influence on Greek thought. Fundamental issues such as causation and responsibility, purification and pollution, mind-body relations and gender differences, authority and the expert and who can challenge them, reality and appearances, good government, happiness, and good and evil themselves are deeply implicated. Using the evidence not just from Greek medical theory and practice but also from epic, lyric, tragedy, historiography, philosophy, and religion, G. E. R. Lloyd (...) offers the first comprehensive account of the influence of Greek thought about health and disease on the Greek imagination. (shrink)

Continuous recordings of brain electrical activity were obtained from a group of 176 patients throughout surgical procedures using general anesthesia. Artifact-free data from the 19 electrodes of the International 10/20 System were subjected to quantitative analysis of the electroencephalogram (QEEG). Induction was variously accomplished with etomidate, propofol or thiopental. Anesthesia was maintained throughout the procedures by isoflurane, desflurane or sevoflurane (N = 68), total intravenous anesthesia using propofol (N = 49), or nitrous oxide plus narcotics (N = 59). A set (...) of QEEG measures were found which reversibly displayed high heterogeneity of variance between four states as follows: (1) during induction; (2) just after loss of consciousness (LOC); (3) just before return of consciousness (ROC); (4) just after ROC. Homogeneity of variance across all agents within states was found. Topographic statistical probability images were compared between states. At LOC, power increased in all frequency bands in the power spectrum with the exception of a decrease in gamma activity, and there was a marked anteriorization of power. Additionally, a significant change occurred in hemispheric relationships, with prefrontal and frontal regions of each hemisphere becoming more closely coupled, and anterior and posterior regions on each hemisphere, as well as homologous regions between the two hemispheres, uncoupling. All of these changes reversed upon ROC. Variable resolution electromagnetic tomography (VARETA) was performed to localize salient features of power anteriorization in three dimensions. A common set of neuroanatomical regions appeared to be the locus of the most probable generators of the observed EEG changes. (shrink)

Objective: To report results from a national survey of coordinators and managers of clinical research studies in the US on their perceptions of and experiences with scientific misconduct.Methods: Data were collected using the Scientific Misconduct Questionnaire-Revised. Eligible responses were received from 1645 of 5302 surveys sent to members of the Association of Clinical Research Professionals and to subscribers of Research Practitioner, published by the Center for Clinical Research Practice, between February 2004 and January 2005.Findings: Overall, the perceived frequency of misconduct (...) was low. Differences were noted between workplaces with regard to perceived pressures on investigators and research coordinators, and on the effectiveness of the regulatory environment in reducing misconduct. First-hand experience with an incident of misconduct was reported by 18% of respondents. Those with first-hand knowledge of misconduct were more likely to report working in an academic medical setting, and to report that a typical research coordinator would probably do nothing if aware that a principal investigator or research staff member was involved in an incident of misconduct.Conclusion: These findings expand the knowledge on scientific misconduct by adding new information from the perspective of research coordinators. The findings provide some data supporting the influence of workplace climate on misconduct and also on the perceived effectiveness of institutional policies to reduce scientific misconduct. (shrink)

Proclus' Elements of Theology is a concise summa of the Neoplatonic system in its fully developed form; and for the student of late Greek thought second in importance only to the Enneads of Plotinus. Professor Dodds has provided a critical text based on a personal examination of some forty manuscripts, together with an English translation and a philosophical and linguistic commentary. First published in 1933, this second edition includes an Appendix of Addenda et Corrigenda and is widely regarded and respected (...) as the definitive edition of the text today. (shrink)

Much of the legal and social interest in new neuroimaging techniques stems from the belief that they can deliver on the materialist understanding of the relationship between the brain and the mind. This article looks at predictions about the future both of scientific advances and of social reactions to those predictions. It looks at the likely technical limits on neuroscience-based mindreading, then at the likely limits in how the law might use such technologies. It describes three kinds of technical barriers (...) to detailed and useful mindreading: the likely impossibility of making a complete and accurate model of a human brain in light of its incredible complexity, the problems of interpersonal and intrapersonal plasticity, and the problem of trying to read, now, someone's past mental state. The potential changes to the operation of the law, through the use of mindreading as evidence of pain, deception, or bias, among other things, could be extremely important. (shrink)

This book presents the work of Polish and American philosophers about Poland's transition from Communist domination to democracy. Among their topics are nationalism, liberalism, law and justice, academic freedom, religion, fascism, and anti-Semitism. Beyond their insights into the ongoing situation in Poland, these essays have broader implications, inspiring reflection on dealing with needed social changes.

The debate about the relative epistemic weights carried in favour of a theory by predictions of new phenomena as opposed to accommodations of already known phenomena has a long history. We readdress the issue through a detailed re-examination of a particular historical case that has often been discussed in connection with it-that of Mendeleev and the prediction by his periodic law of the three 'new' elements, gallium, scandium and germanium. We find little support for the standard story that these predictive (...) successes were outstandingly important in the success of Mendeleev's scheme. Accommodations played an equal role-notably that of argon, the first of the 'noble gases' to be discovered; and the methodological situation in this chemical example turns out to be in interesting ways different from that in other cases-invariably from physics-that have been discussed in this connection. The historical episode when accurately analysed provides support for a different account of the relative weight of prediction and accommodation-one that is further articulated here. (shrink)

The implementation of corporate social responsibility objectives within companies is often managed by a CSR leader or a small team of CSR leaders. The effectiveness of these CSR leaders depends to a large extent on their competencies. Previous studies have identified the competencies these professionals need, yet it remains unclear how these competencies can be developed. Therefore, the aim of this survey study was to reveal how CSR leaders develop their competencies and to explore which learning activities CSR leaders engage (...) in. The results showed that informal learning activities that center on learning with and from peers outside the company are particularly emphasized. In addition, this study examines whether and how dimensions of companies’ learning climates and CSR leaders’ learning goal orientation affect the competence of CSR leaders. We found significant interaction effects between the learning climate dimensions. Furthermore, we found an even stronger and positive connection between LGO and CSR competence, highlighting the importance of attracting CSR leaders with a strong LGO for driving the CSR implementation process. Moreover, a supportive learning climate further stimulates CSR leaders’ engagement in continuous learning, which is necessary for coping with the complexities associated with implementing CSR. (shrink)

This line has been thought corrupt by most editors, though there is no agreement on the remedy. The Herald is plainly asking why the people at home are despondent: picks up the Chorus's phrase . But as Wilamowitz says, ‘ de populo aut senatu Argivorum accipi non potest’: it can only mean the army at Troy, as in lines 538 and 545. The usual inference is that arparw is corrupt.