Abstract—How do judges decide cases? Are judges controlled by rules, principles and professional standards of reasoning or do they decide as politicians, using the law as an instrument to achieve predetermined goals. In Australia one influential view on this issue was expressed by Sir Owen Dixon when he called for a ‘strict and complete legalism’ for judges. Dixon’s strict legalism no longer commands the respect that it once did and his view is now commonly seen as naïve or as a (...) noble lie intended to hide the freedom open to judges when they decide cases. This article examines first Dixon’s understanding of strict legalism. It will argue that Dixon understood it as a form of practice and not as a rigorous scholarly system. Secondly, it will analyse Wilson v Darling Island Stevedoring to see whether the leading judgment of Fullagar J is in accord with Dixon’s judicial method. In Wilson the High Court was presented with a persistent legal problem—could stevedores claim the benefits of exemption and limitation clauses that commonly featured in bills of lading arising from the transport of goods and people? The third section of the article will consider the obvious belief of many of the judges in the authorities examined that the commercial inconvenience of not protecting stevedores was too great to ignore. These judges were willing to grant stevedores the protection of exemption clauses in contracts of carriage, a trend that continued, indeed accelerated, after Wilson. So, even if Fullagar J did judge as a strict legalist, does this perceived commercial imperative raise doubts about the appropriateness of this style of judging? In conclusion the article will consider the implications of showing that the reasoning in Wilson displayed a fidelity to Dixon’s notion of strict and complete legalism. (shrink)

Isaac Levi is a central figure in contemporary pragmatism, who, drawing extensively on the philosophy of classical pragmatists like Charles S. Peirce and John Dewey, has been able to successfully develop, correct, and implement their views, thus presenting an innovative and significant approach to various issues in contemporary philosophy, including problems in logic, epistemology, decision theory, etc. His books (just to mention a few of them) Gambling with Truth (Knopf 1967), The Enterprise...

Reseña del libro Hegel Psíquico I (del alma) León Rozitchner (2015). Ediciones Biblioteca Nacional. 128 pp.

John Woods' The Logic of Fiction, now thirty-five years old, is a ground-breaking event in the establishment of the semantics of fiction as a stand-alone research programme in the philosophies of language and logic. There is now a large literature about these matters, but Woods' book retains a striking freshness, and still serves as a convincing template of the treatment options for the field's key problems. The book now appears in a second edition with a new Foreword by Nicholas (...) Griffin and an extended bibliography covering the period 1969-2009. As Griffin notes in his Foreword, it is "surprising on looking back to discover how little was written on the semantics of fiction before John Woods' The Logic of Fiction was published in 1974. The surprise is the greater because Woods' book appeared after almost a quarter century of fierce philosophical debate about reference Fictional discourse, one would have thought, would be an important testing ground for philosophical theories of referential expressions and one, moreover, in which the standard theories would likely be tested to destruction. " " One of the great merits of Woods' book is that it takes seriously the wide-ranging demands that fiction imposes on logic and semantics, and does not try to force fiction into some pre-conceived logical mould. but thanks to Woods' pioneering efforts, we are much closer to one now than we were when he set out to write his book. His book was not the last word on the logic of fiction; it was much more important: it was nearly the first." NICHOLAS GRIFFIN is Canada Research Chair in Philosophy at McMaster University. Recent publications include Russell vs Meinong: The Legacy of "On Denoting," edited with Dale Jacquette. JOHN WOODS is Director of the Abductive Systems Group at the University of British Columbia and Charles S. Peirce Visiting Professor of Logic in the Group on Logic and Computational Science, King's College London. He has two forthcoming books on fiction - an edited volume, Fictions and Models: New Essays, and a research monograph, Sherlock's Member: New Perspectives on the Semantics of Fiction, both to appear in 2010. (shrink)

This book provides an intellectual biography of Max Horkheimer during the early and middle phases of his life and analyzes his model of early Critical Theory.

The dominant figure of mid-nineteenth-century British political economy, John Stuart Mill exercised a lasting influence on philosophical thought. This compact statement of Mill's doctrines starts with an informative Introduction by editor Ernest Nagel and proceeds with extracts from A System of Logic that clarify Mill's processes of reasoning. The following five-part treatment draws upon the philosopher's major works to consider names and propositions; reasoning; induction; operations subsidiary to induction; and the logic of the moral sciences. Selections from An Examination (...) of Sir William Hamilton's Philosophy conclude the text, along with an essay on the definition of political economy and its methods of investigation. (shrink)

Currently in the United Kingdom, anyone donating gametes has the status of an open-identity donor. This means that, at the age of 18, persons conceived with gametes donated since April 1, 2005 have a right to access certain pieces of identifying information about their donor. However, in early 2015, the UK Parliament approved new regulations that make mitochondrial donors anonymous. Both mitochondrial donation and gamete donation are similar in the basic sense that they involve the contribution of gamete materials to (...) create future persons. Given this similarity, this paper presumes that both types of donor should be treated the same and made open-identity under the law, unless there is a convincing argument for treating them differently. I argue that none of the existing arguments that have been made so far in favor of mitochondrial donor anonymity are convincing and mitochondrial donors should therefore be treated as open-identity donors under UK law. (shrink)

The article takes up a range of issues concerning knowledge of language in response to recent work of Rey, Smith, Matthews and Devitt. I am broadly sympathetic with the direction of Rey, Smith, and Matthews. While all three are happy with the locution ‘knowledge of language’, in their different ways they all reject the apparent role for a substantive linguistic epistemology in linguistic explanation. I concur but raise some friendly concerns over even a deflationary notion of knowledge of language. Against (...) Devitt I have more serious worries. The latter half of the paper seeks further clarification of Devitt’s realism and raises concerns over its ability to reflect the shape and content of linguistics. (shrink)

This superb collection by the eminent physicist and critic John Ziman, opens with an album of portraits of scientists--Albert Einstein, Freeman Dyson, Lev Landau, Mark Azbel, Andrei Sakharov. Ziman takes readers into the world of the contemporary scientist, showing how discoveries are made and how claims are tested. He then travels into the minds of scientists as they are drawn into competing directions. Here Ziman exposes the path of discovery, which is strewn with complex human needs, governmental restrictions, the (...) desire for profits, and the exercise of technical virtuosity. (shrink)

Managers have the primary role responsibility to protect and promote the economic viability of their organizations. Utilizing a formula that demonstrates the inherently unstable nature of economic systems, I argue that managers are sometimes morally required to make adjustments that result in harming people who work for them in order to reestablish the equilibrium necessary to remain viable. The question of who is going to be harmed and how this harm is morally justified is the focal point of this paper. (...) I argue that utilizingtraditional methods associated with our common morality cannot solve the issue of who is going to be harmed, and that the traditionalmethods for reestablishing equilibrium promote a distribution of harm that cannot be justified from a rationally defensible moral pointof view. Utilizing the constraint of impartiality and the concept of the health of the organization, I argue that an equal distribution of harmamong everyone affected by the decision is the only one that is rationally defensible. (shrink)

This book addresses one of the fundamental topics in philosophy: the relation between appearance and reality. John Yolton draws on a rich combination of historical and contemporary material, ranging from the early modern period to present-day debates, to examine this central philosophical preoccupation, which he presents in terms of distinctions between phenomena and causes, causes and meaning, and persons and man. He explores in detail how Locke, Berkeley and Hume talk of appearances and their relation to reality, and offers (...) illuminating connections and comparisons with the work of contemporary philosophers such as Paul Churchland and John McDowell. He concludes by offering his own proposal for a 'realism of appearances', which incorporates elements of both Humean and Kantian thinking. His important study will be of interest to a wide range of readers in the history of philosophy, the history of ideas, and contemporary philosophy of mind, epistemology and metaphysics. (shrink)

In [5], examples of incomplete sentences are given with maximal models in more than one cardinality. The question was raised whether one can find similar examples of complete sentences. In this paper, we give examples of complete ‐sentences with maximal models in more than one cardinality. From (homogeneous) characterizability of κ we construct sentences with maximal models in κ and in one of and more. Indeed, consistently we find sentences with maximal models in uncountably many distinct cardinalities.

1. Srikantha In the Southern Saiva philosopher Srikantha (c. 1 150, although it is difficult to separate him from his really greater commentator ...

Human rights are in crisis today. Everywhere one looks, there is violence, deprivation, and oppression, which human rights norms seem powerless to prevent. This book investigates the roots of the current crisis through the thought of Italian philosopher, Giorgio Agamben. Human rights theory and practice must come to grips with key problems identified by Agamben "e; the violence of the sovereign state of exception and the reduction of humanity to 'bare' life. Any renewal of human rights today must involve breaking (...) decisively with the traditional coordinates of Western political thought and instead affirm a new understanding of life and political action. (shrink)

ABSTRACT:Much has been written about the deplorable state of American health care, but rarely with the wealth of historical and political information packed into Peter Swenson’s Disorder: A History of Reform, Reaction, and Money in American Medicine (2021). In this meticulously researched and comprehensive study of the role of organized medicine, particularly the American Medical Association (AMA) and affiliated state and county medical societies, Swenson provides detailed insight into the AMA’s political evolution from a force advocating progressive reforms to a (...) protective guild backed by powerful economic and ideological interests. Swenson addresses the conflicts leading to and arising from these movements, always with an eye on the profession’s failure over the last century to fulfill its implicit social contract. Swenson describes the American medical disorder without fear or favor, including a public health system in disarray, defective government regulation of drugs, unchecked and concealed commercial influence on medical research, publications, and clinical guidelines. Swenson’s hope is clear: that a progressively reformed AMA—combined with a broad coalition of concerned citizens and legislators—will lead the medical profession back to its rightful mission. (shrink)

How can one bring children to recognize the requirements of morality without resorting only to non-rational means of persuasion (i.e. what rational ground can be offered to children for their moral enlistment)? Michael Hand has recently defended a foundationalist approach to answering this question and John White has responded by a) criticizing Hand’s solution to the Problem of Rational Moral Enlistment, and b) attempting to circumvent the problem by suggesting a Humean route which understands moral enlistment as grounded in (...) sentiment. While I do not accept Hand’s preferred solution to the Problem of Rational Moral Enlistment, I am also unpersuaded by White’s attempt to circumvent it. Instead, making use of work by Ben Spiecker and Jan Steutel, I attempt a different solution to the Problem of Rational Moral Enlistment – one appealing to reflective equilibrium rather than to ethical foundationalism as Hand’s does. Whereas Hand hopes to ground rational moral enlistment in a single, self-evident foundational justification of some moral standards, I instead hope to facilitate rational moral enlistment through a rational procedure which starts with students’ existing moral commitments and attempts to revise or expand them through a certain kind of critical reflection. (shrink)

Our love of art, writes John Barrow, is the end product of millions of years of evolution. How we react to a beautiful painting or symphony draws upon instincts laid down long before humans existed. Now, in this enhanced edition of the highly popular The Artful Universe, Barrow further explores the close ties between our aesthetic appreciation and the basic nature of the Universe. Barrow argues that the laws of the Universe have imprinted themselves upon our thoughts and actions (...) in subtle and unexpected ways. Why do we like certain types of art or music? What games and puzzles do we find challenging? Why do so many myths and legends have common elements? In this eclectic and entertaining survey, Barrow answers these questions and more as he explains how the landscape of the Universe has influenced the development of philosophy and mythology, and how millions of years of evolutionary history have fashioned our attraction to certain patterns of sound and color. Barrow casts the story of human creativity and thought in a fascinating light, considering such diverse topics as our instinct for language, the origins and uses of color in nature, why we divide time into intervals as we do, the sources of our appreciation of landscape painting, and whether computer-generated fractal art is really art. Drawing on a wide variety of examples, from the theological questions raised by St. Augustine and C.S. Lewis to the relationship between the pure math of Pythagoras and the music of the Beatles, The Artful Universe Expanded covers new ground and enters a wide-ranging debate about the meaning and significance of the links between art and science. (shrink)

This collection reflects the extraordinary career of the man it honors in its variety of subjects and range of scholarship. Mortimer Adler proposes six amendments to the Constitution. Paul Eidelberg surveys the rise of secularism from Socrates to Machiavelli. Hellmut Fritzsche, a physicist, catalogs some famous scientific mistakes. David Grene (Anastaplo's dissertation advisor) looks at Shakespeare's Measure for Measure as "mythological history." Harry V. Jaffa continues a running debate with Anastaplo on how to read the Constitution, James Lehrberger examines Aquinas's (...) views on natural law, Harry Newman argues "The Case Against Politics." Studs Terkel interviews Anastaplo on his encounter with the Illinois bar, and John Van Doren and others contribute a selection of poems. George Anastaplo turned to an academic career when he was denied admission to the bar in 1950 because, on principle, he affirmed the right of revolution and refused to say whether he was a Communist. In this age of academic specialization, Anastaplo's career has been distinguished by a remarkable versatility of thought. Author of five books, including The Artist as Thinker: From Shakespeare to Joyce (Swallow Press, 1983), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Swallow Press, 1986), The Constitution of 1787: A Commentary (1989), and The American Moralist: On Law, Ethics, and Government (Ohio University Press, 1992), Anastaplo has also, for the past three decades, produced a steady stream of essays, articles, and papers on subjects from baseball to the Koran, from Socrates to Freud. Volume 2 of Law and Philosophy includes a complete bibliography of his works. (shrink)

Anticipation allows a system to adapt to conditions that have not yet come to be, either externally to the system or internally. Autonomous systems actively control the conditions of their own existence so as to increase their overall viability. This paper will first give minimal necessary and sufficient conditions for autonomous anticipation, followed by a taxonomy of autonomous anticipation. In more complex systems, there can be semi-autonomous subsystems that can anticipate and adapt on their own. Such subsystems can be integrated (...) into a system’s overall autonomy, typically with greater efficiency due to modularity and specialization of function. However, it is also possible that semi-autonomous subsystems can act against the viability of the overall system, and have their own functions that conflict with overall system functions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:From Sin to Amazing Grace: Discovering the Queer Christ by Patrick S. ChengJohn J. AndersonFrom Sin to Amazing Grace: Discovering the Queer Christ PATRICK S. CHENG New York: Seabury Books, 2012. 192 pp. $24.00The Christian doctrines of sin and grace are often avoided by LGBT (lesbian, gay, bisexual, and transgender) Christians today because of the ways that community has been harmed by the label “sinner.” Yet, Patrick Cheng (...) argues, these doctrines remain important to discuss. What is needed is not an avoidance of [End Page 241] these doctrines but rather a reframing of them. Writing from his perspective as a gay Asian American, Cheng offers new ways to understand sin and grace within the framework of a queer understanding of Christ.The book is organized into two parts. In part 1, Cheng argues that theologies of sin and grace are problematic because they have been defined in the West by a “crime-based” model. In this view, he argues, sin is a crime against God requiring punishment, and grace is acquittal and rehabilitation from that crime. Cheng outlines the development of this model from Augustine to John Calvin and argues that such a model is “inadequate and maybe even dangerous for LGBT people” (36). He rejects the crime-based model in favor of what he calls a “Christ-centered” model. In this view, sin is “immaturity” and grace is theosis or “becoming more like God” (54).In part 2, the fruitfulness of Cheng’s Christ-centered approach becomes apparent as he outlines how LGBT persons can interpret sin and grace in light of the Queer Christ. Cheng presents seven different models for understanding Christ offered by various queer theologians. Sin and grace are then understood in light of each particular model. For example, one Christ model that Cheng offers is the “Out Christ.” Here, the person of Jesus Christ is understood as God’s “coming out” to humanity; God reveals Godself most fully through Christ. Through this lens, sin is the “closet” and grace becomes the “courage” to come out. Thus, coming out of the closet is understood as part of theosis: by sharing one’s most authentic self with others, one becomes more like the God who desires authenticity and openness.One of the strengths of Cheng’s work is his analysis of the history of the doctrines of sin and grace and how they have had an impact on the LGBT community. Of particular note is his argument that the crime-based model is rooted in “a deep-seated fear of collective punishment” by God and that same-sex and gender variant acts have often been considered the cause of such punishment (40). Nonetheless, Cheng’s engagement of various theologians is often not deep enough. His chapters read at times like short summaries of one theologian after another. To be sure, this tendency demonstrates Cheng’s encyclopedic knowledge of the field, but it also does not permit enough critical depth to satisfy some scholars. This is perhaps due to the fact that he intends the book to be accessible to a lay audience—which it is. Each chapter ends with discussion questions that make it a good fit for undergraduate courses and church education classes. Furthermore, Cheng’s definitions of sin and grace tend to be presented as polar opposites. For example, in one Christ model, he defines sin as shame and grace as pride. Yet recent work in queer theory has criticized this dichotomy, revealing the limits of discourse about pride and the creative potential of shame. For many LGBT Christians, of course, it can be powerful to think of shame itself as a sin rather than feeling shame for being [End Page 242] called sinner, but Cheng’s discussion of this could be more nuanced. All in all, however, Cheng succeeds in providing a fresh vocabulary for discussing sin and grace, and his work will help a wide audience of Christians find new value in these classic doctrines.John J. AndersonMerrimack CollegeCopyright © 2014 Society of Christian Ethics... (shrink)

This dissertation evaluates the ethical challenges posed by the prospect of human germ line gene transfer . It argues that GLGT presents a new, unprecedented and complex ethical challenge. While GLGT has not yet been attempted with human beings, it has the potential not only to introduce changes into human nature that are radical and different, but also to substantially affect attitudes about human dignity and human rights. This dissertation focuses on the principled ethical arguments and the frameworks, both rational (...) and theological, which must frame the practice of GLGT in order for it to be used in a constructive manner. Additionally it assesses which applications of GLGT are ethically acceptable, taking into account the different goals that GLGT will serve, the means by which it is practiced and the research that is required to make it possible. ;Chapter One reviews the history of genetics and genetic science, locating GLGT in the context of the rapid development in genetic science and biotechnology. Chapter Two examines the history of the debates about genetic engineering and GLGT, with particular focus on the political, regulatory, and theological analyses of the 1970s--1980s. Chapter Three explores the theoretical frameworks utilized by proponents and opponents of GLGT. Utilizing categories provided by Kurt Bayertz, principled arguments are delineated and analyzed based on whether they represent a substantialist or a subjectivist approach to human nature and identity. The shortcomings of each framework taken individually, and the impasse reached by the two sides of the debate evidence the need for an expanded ethical framework. The expanded ethical framework is comprised of an enhanced critical approach that draws on the critical thought of Gerald McKenny and Michel Foucault and of an enhanced appreciation for human embodiment that draws on Pope John Paul II's theology of the body. Chapter Four applies the principles identified in Chapter Three in the course of examining: the possible goals for applications of GLGT technology; the ethics of the means by which germ line changes could be introduced; and whether and how GLGT can be regulated. (shrink)

This paper explores a familiar skeptical problematic and considers some strategies for responding to it. Section 1 reconstructs and disambiguates the skeptical problematic, distinguishing between some importantly different lines of skeptical reasoning. Section 2 distinguishes two kinds of anti-skeptical strategy. “Cooperative strategies” accept the conditions on knowledge that are laid down by a target skeptical argument, and argue that those conditions can be satisfied in a relevant domain. “Critical strategies” respond to a skeptical argument by rejecting some condition on knowledge (...) that the argument supposes. It is argued that critical strategies readily present themselves against the skeptical problematic once it is disambiguated as in Section 1. Section 3 looks at an interesting anti-skeptical strategy from Ram Neta and Duncan Pritchard on behalf of John McDowell. Here I argue that, initial appearances to the contrary, no plausible cooperative strategy is available to the internalist. (shrink)