The Italian Republic was created at the close of World War II by the political forces that had taken part in the Resistance, with an explicitly anti-fascist ideological foundation. However, the official commitment to anti-fascism and democracy was belied by the continuing role of neo-fascist parties and organizations in the political system. This role was firstly as a potential alternative source of support for the ruling Christian Democrats, and secondly as the key element of a hidden network ready to use (...) violent and undemocratic means to condition the normal political process. This network moved into action at the height of the “strategy of tension” (1969–80). Analysis of this period leads us to reassess the nature of postwar Italian democracy. In the “Second Republic” (post-1994) Silvio Berlusconi has promoted a revisionist approach to Fascism and the Resistance as part of his own strategy to maintain himself in power, while also espousing a plebiscitarian conception of democracy that presents certain analogies with the methods and style of the Fascist regime. (shrink)

The Critical Imagination is a study of metaphor, imaginativeness, and criticism of the arts. Since the eighteenth century, many philosophers have argued that appreciating art is rewarding because it involves responding imaginatively to a work. Literary works can be interpreted in many ways; architecture can be seen as stately, meditative, or forbidding; and sensitive descriptions of art are often colourful metaphors: music can 'shimmer', prose can be 'perfumed', and a painter's colouring can be 'effervescent'. Engaging with art, like creating it, (...) seems to offer great scope for imagination. Hume, Kant, Oscar Wilde, Roger Scruton, and others have defended variations on this attractive idea. In this book, James Grant critically examines it. The first half explains the role imaginativeness plays in criticism. To do this, Grant answers three questions that are of interest in their own right. First, what are the aims of criticism? Is the point of criticizing a work to evaluate it, to explain it, to modify our response to it, or something else? Second, what is it to appreciate art? Third, what is imaginativeness? He gives new answers to all three questions, and uses them to explain the role of imaginativeness in criticism. The book's second half focuses on metaphor. Why are some metaphors so effective? How do we understand metaphors? Are some thoughts expressible only in metaphor? Grant's answers to these questions go against much current thinking in the philosophy of language. He uses these answers to explain why imaginative metaphors are so common in art criticism. The result is a rigorous and original theory of metaphor, criticism, imaginativeness, and their interrelations. (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

The philosophy of chemistry has emerged in recent years as a new and autonomous field within the Anglo-American philosophical tradition. With the development of this new discipline, Eric Scerri and Grant Fisher's "Essays in Philosophy of Chemistry" is a timely and definitive guide to all current thought in this field. One of the themes of this collection is how philosophy of chemistry can make a contributions to problems of philosophy more generally, such as how chemistry and quantum chemistry contribute (...) to the philosophy of the mind. (shrink)

Homology is a biological sameness relation that is purported to hold in the face of changes in form, composition, and function. In spite of the centrality and importance of homology, there is no consensus on how we should understand this concept. The two leading views of homology, the genealogical and developmental accounts, have significant shortcomings. We propose a new account, the hierarchical-dependency account of homology, which avoids these shortcomings. Furthermore, our account provides for continuity between special, general, and serial homology.

I want to discuss the puzzling, but, in some ways, persuasive view that I have a familiar and unproblematic kind of freedom with respect to my beliefs.

This Article argues that U.S. law should give protection to relationships between cohabitants and their partners’ children when necessary to avoid the economic and emotional trauma that may be caused by separation of the child from a member of his or her household if the cohabitation ends. After examining the social science literature about the welfare of both stepchildren and children of cohabitants and the inadequate legal treatment of custody, visitation, and child support issues under current law, the author recommends (...) that cohabiting stepparents be given standing to seek custody if they have acted as de facto parents, with a presumption in favor of custody by the stepparent when the cohabitant who is the child’s biological parent has died and the possibility of joint custody in other cases; be awarded visitation if both the ex-cohabitant and child desire it; and be obligated to pay child support for the child if the cohabitation dissolves after a period of two years or more. (shrink)

N. Scott Arnold has argued forcefully that, for the most part, those who win profits (and suffer losses) in a market economy deserve them. According to Arnold, profit opportunities arise when there are malallocations of resources, which entrepreneurs initiate changes in production to correct. If they succeed, they simultaneously further the essential point of the market system — to meet the needs and wants of consumers — and they make profits; if they do not, then they stand to suffer losses. (...) I argue that the structure of modern corporate enterprises tends to channel income into the hands of those whose entrepreneurial contribution is diminishingly small — namely stockholders — and away from those within the firm who genuinely participate in the entrepreneurial role. (shrink)

Increasingly in the modern world, incentives are becoming the tool we reach for when we wish to bring about change. In government, in education, in health care, between and within institutions of all sorts, incentives are offered to steer people's choices in certain directions. But despite the increasing interest in ethics and economics, the ethics of the use of incentives has raised very little concern. From a certain point of view, this is not surprising. When incentives are viewed from the (...) perspective of market economics, they appear to be entirely unproblematic. An incentive is an offer of something of value, sometimes with a cash equivalent and sometimes not, meant to influence the payoff structure of a utility calculation so as to alter a person's course of action. In other words, the person offering the incentive means to make one choice more attractive to the person responding to the incentive than any other alternative. Both parties stand to gain from the resulting choice. In effect, it is a form of trade, and as such, it meets certain ethical requirements by definition. A trade involves voluntary action by all parties concerned to bring about a result that is beneficial to all parties concerned. If these conditions were not met, the trade would simply not occur. And as inducements in a voluntary transaction, incentives certainly have the moral high ground over coercion as an alternative. (shrink)

The Bible is normative for all Christian theology and ethics, including responsible theological reflection on the biotechnological future. This article considers the representation of creaturehood and what might be labelled ‘deification’ within the biblical material, framing these concepts in terms of participation in providence and redemption. This participatory emphasis allows us to move past the simplistic dismissal of biotechnological progress as ‘playing God’, by highlighting ways in which the development of technology and caregiving are proper creaturely activities, but ones that (...) must be morally aligned to the goodness of God. Framing our approximation of divine character in terms of ‘deification’ highlights its relational and soteriologically defined shape, preventing us from conceiving its attainment in any way that is loosed from the death and resurrection of Jesus Christ. The discussion allows us to affirm the pursuit of biotechnological research, but to recognize that it is unable by itself to accomplish certain ends, and that it must be pursued in alignment with the standards of goodness by which God loves his world. (shrink)

In the last two decades there have been many critics of western biomedicine's poor integration of social and psychological factors in questions of human health. Such critiques frequently begin with a rejection of Descartes' mind-body dualism, viewing this as the decisive philosophical moment, radically separating the two realms in both theory and practice. It is argued here, however, that many such readings of Descartes have been selective and misleading. Contrary to the assumptions of many recent authors, Descartes' dualism does attempt (...) to explain the union of psyche and soma - with more depth than is often appreciated. Pain plays a key role in Cartesian as well as contemporary thinking about the problem of dualism. Theories of the psychological origins of pain symptoms persisted throughout the history of modern medicine and were not necessarily discouraged by Cartesian mental philosophy. Moreover, the recently developed biopsychosocial model of pain may have more in common with Cartesian dualism than it purports to have. This article presents a rereading of Descartes' mental philosophy and his views on pain. The intention is not to defend his theories, but to re-evaluate them and to ask in what respect contemporary theories represent any significant advance in philosophical terms. (shrink)

This article discusses the nature of persuasive authorities in the common law, and argues that many of them are best understood in terms of their (being regarded) as having theoretical rather than practical authorities for the courts that cite them. The contrast between theoretical and practical authority is examined at length in order to support the view that the treatment of many persuasive authorities by courts is more consistent with this view. Finally, it is argued that if persuasive authorities are (...) best understood as theoretical authorities, this raises difficulties for both positivistic and interpretivist theories of law. (shrink)

That science is more than the unilinear application of general theories to specific empirical circumstances is, one hopes, no longer something that is controversial or requires detailed argument. To be sure, there were times when devising universally applicable theories was seen as the most worthy task of science, with less lofty activities such as experimentation and scientific modeling being relegated to the underbelly of “proper science.” Arguing for a pluralistic recognition of the diversity of scientific practices, methods, and goals, might—at (...) least on the pages of this journal—amount to preaching to the converted. Yet, once the diversity and heterogeneity of science is acknowledged, the real work only starts:... (shrink)

The aim of this paper is to engage with the interplay between representational content and design in chemistry and to explore some of its epistemological consequences. Constraints on representational content arising from the aspectual structure of representation can be manipulated by design. Designs are epistemologically important because representational content, hence our knowledge of target systems in chemistry, can change with design. The significance of this claim is that while it has been recognised that the way one conveys information makes a (...) difference to the inferences one can draw from representations in spite of the invariance of informational content, the present paper argues that in chemistry and biochemistry it is often the case that designs have cognitive priority relative to informational content. (shrink)

Suppose you think that whether you believe some proposition A at some future time t might have a causal influence on whether A is true. For instance, maybe you think a woman can read your mind, and either (1) you think she will snap her fingers shortly after t if and only if you believe at t that she will, or (2) you think she will snap her fingers shortly after t if and only if you don't believe at t (...) that she will. Let A be the proposition that she snaps her fingers shortly after t. In case (1), theoretical rationality seems to leave it open whether you should believe A or not. Perhaps, for all it has to say, you could just directly choose whether to believe A. David Velleman seems to be committed to something close to that, but his view has been unpopular. In case (2), you seem to be in a theoretical dilemma, a situation where any attitude you adopt toward A will be self-undermining in a way that makes you irrational. Such theoretical dilemmas ought to be impossible, just as genuine moral dilemmas ought to be impossible, but it is surprisingly hard to show that they are (perhaps because they aren't). I study cases analogous to (1) and (2) in a probabilistic framework where degrees of belief rather than all-or-nothing beliefs are taken as basic. My principal conclusions are that Velleman's view is closer to the truth than it is generally thought to be, that case (2) type theoretical dilemmas only arise for hyperidealised agents unlike ourselves, and that there are related cases that can arise for agents like us that are very disturbing but might not quite amount to theoretical dilemmas. (shrink)

There is a thesis that legal rules need to be made public because people cannot guide their conduct by rules they cannot know. This thesis has been a mainstay of anti-positivism and the controversy over it continues apace. However, positivism can accommodate the secret laws thesis. The deeper import of the debate over secret laws concerns our understanding of law's nature. In this regard secrecy merits attention as a candidate necessary connection between law and immorality. In addition the mediating role (...) of lawyers as experts in ascertaining the law should be highlighted. It has been widely overlooked despite the fact that lawyers are criterial in Hart's concept of law. (shrink)

Focusing on computational studies of pericyclic reactions from the late twentieth century into the twenty-first century, this paper argues that computational diagnostics is a key methodological development that characterize the management and coordination of plural approximation methods in computational organic chemistry. Predictive divergence between semi-empirical and ab initio approximation methods in the study of pericyclic reactions has issued in epistemic dissent. This has resulted in the use of diagnostics to unpack computational greyboxes in order to critically assess the effect of (...) specific misrepresentations on predictive accuracy given that approximations and idealizations must be made to render computational models tractable. Furthermore, benchmarking is used to determine the applicability of approximation methods depending on how accurate the results need to be in a given research context. The epistemology of benchmarking consists of the co-generation of data sets in a hybrid computational–experimental form used to standardize computational methods but does not determine a unique quantitative method to be used across computational organic chemistry. (shrink)

This paper argues that there is a general constraint on the evolution of culture. This constraint – what I am calling the Fundamental Constraint – must be satisfied in order for a cultural system to be adaptive. The Fundamental Constraint is this: for culture to be adaptive there must be a positive correlation between the fitness of cultural variants and their fitness impact on the organisms adopting those variants. Two ways of satisfying the Fundamental Constraint are introduced, structural solutions and (...) evaluative solutions. Because of the limitations on these solutions, this constraint helps explain why there is not more culture in nature, why the culture that does exist has the form it has, and why complex, cumulative culture is restricted to the human species. (shrink)

This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, i.e., the (...) type of culpability necessary for criminal conviction. (shrink)

This chapter contains sections titled: Coercion Law References.

Using the Integrated Postsecondary Education Data System, the authors compare the gender pay gap at predominantly white institutions with the gap at historically Black colleges and universities. Also, within the HBCU milieu, they examine how class of the institution has an impact on pay gaps. First, they find that HBCUs do seem to have a smaller gap but that pay for all faculty at HBCUs is lower than in PWIs. Second, the gap is only significantly smaller in the rank of (...) associates. Third, the gap is smaller at the associate rank because men make less money in HBCUs than they do in PWIs. Fourth, elite HBCUs are more similar to PWIs than to HBCUs in terms of their gender pay gap. Race, class, and gender effects must be taken into account to understand patterns of wage equity across these institutions. The greater gender equity at HBCUs is apparent because of the absence of the “men's bonus, ” which is prevalent in PWIs and elite HBCUs. (shrink)

Precedent is a central feature of legal practice, requiring courts to follow decisions reached in earlier cases, thereby transforming the decisions in individual cases into a source of law. This article examines two major questions associated with precedent: (a) how to characterise the way that precedent operates as a source of law; and (b) how to justify the requirement that courts follow earlier decisions regardless of the merits of those decisions. Precedents are often thought to create general legal rules, but (...) it is controversial whether this is the best way to understand their role in legal reasoning. Equally, it is unclear that the most common justifications for precedent unequivocally vindicate the practice. (shrink)

Este artículo examina una característica lingüística a menudo olvidada en la polémica cristiana sobre Muḥammad en la Iberia medieval: la transliteración de fórmulas islámicas del árabe al latín. Tras esbozar un marco para evaluar estas expresiones dentro del contexto multilingüe más amplio de al-Andalus, examina dos polémicas latinas de la región que contienen transcripciones sustanciales de fórmulas similares. En primer lugar, se examina la transcripción de la declaración de fe islámica en el Liber scale Mahometi, del siglo XIII, e identifica (...) un patrón de vernacularización y distorsión en la presentación de frases árabes en el texto. En segundo lugar, analiza una transliteración del Tultusceptru de los siglos IX-X, considerada corrupta por estudiosos anteriores, y evalúa los datos fonológicos de la frase. Este artículo defiende una lectura novedosa que, a su vez, indica una mayor conciencia y sensibilidad del pensamiento islámico por parte del polemista. Por último, estas lecturas son corroboradas comparando las interpretaciones de los textos del takbīr. (shrink)

Based on the findings of research conducted as part of a doctoral study aimed at obtaining an understanding of what it means to be an assessor in higher education, this paper outlines the experience of an individual lecturer at a South African university and describes the meaning he makes of his practice as an assessor within the context of a changing understanding of the nature and purpose of higher education. Making a case for personal agency and innovation as critical qualities (...) in the assessment endeavour, the researcher suggests that, in contrast to a view of education increasingly focused on standardization, accountability and outcomes, student assessment is essentially a human encounter in which the humanity and emotions of both lecturer and student need to be acknowledged. (shrink)

The idea of freedom of the will seems to conflict with the principle of causal efficacy implicit in many theories of mind. The conflict is normally resolved within a compatibilist view whereby the desires and beliefs of the agent, replete with a respectable if yet to be elucidated causal pedigree, are taken to be the basis of individual freedom. The present view is an alternative which erects mental content on a framework of rule following and then argues that rule‐following is (...) conceptually distinct from causally produced activity. The normative aspect of rule‐following defies reduction to descriptive or dispositional terms. According to this view we cannot get beyond the agent as a self‐determining rational individual in formulating a theory of mind and action. The theory is neo‐Kantian in that it identifies rules or conceptions of laws as central in human thought. It, follows Wittgenstein's treatment of rule‐following and generates a plausible (but non‐causal) account of mental explanation and weakness of the will. (shrink)

There is general agreement among sustainability professionals that sustainability needs to be implemented for all and not selectively for just a few. We argue that it is time to urgently act on sustainability and climate change. We suggest plausible actions by businesses, governments, consumers investors, and others. Not acting now risks the closing of a window of opportunity and potential social and economic instabilities.

"George Grant in Process contains 14 essays by noted scholars on Grant's political thought, his religious thinking and philosophical method, the intellectual background of his ideas, and his “red-toryism.”".

William Christian has selected some three hundred letters, postcards, telegrams, and journal entries which reveal much about Grant - both the troubled man and the daring thinker.

"Historian Ramsay Cook called George Grant one of Canadas two most important political thinkers in the twentieth century.

A number of his more disturbing essays are also included, such as his controversial writings on abortion. The editors' substantial introduction places the articles in the wider context of Grant's life and thought."--BOOK JACKET.

Faculty members in science, technology, engineering, and mathematics disciplines are typically expected to pursue grant funding and publish to support their research or teaching agendas. Providing effective professional development programs on grant preparation and management and on research publications is crucial. This study shares the design and implementation of such a program for Native STEM faculty from two tribal colleges and one public, non-tribal, Ph.D. granting institution during a 3-year period. The overall development and implementation of the program (...) is centered on the six R’s Indigenous framework – Respect, Relationship, Representation, Relevance, Responsibility, and Reciprocity. The role of NAF-STEM and their interactions with the program, as members of the community formed by their participation, impacted the program. Their practices and the program co-emerged over time, each providing structure and meaning for the other. Through such reciprocity, NAF-STEM and the program research team continually refined the program through their mutual engagement. They took on the shared responsibility of the program while they participated in and shaped its practices. The process and results of formative and summative assessment and the impact of COVID-19 on the program are reported. Results of the program offer lessons on the implementation of six R’s framework in professional development at institutions of higher education. (shrink)