This two-volume collection of essays brings together major contemporary theoretical works on freedom of speech. Volume I, begins with a theoretical overview of freedom of speech and then turns to the topics of what justifies freedom of speech and what kinds of acts raise free speech concerns. Volume II, examines the distinctions among content regulations and between content and content-neutral regulations. It also analyses the concept of the public forum, inciting and hateful speech and lastly the tension between the subsidizing (...) activities of the affirmative state and the negative liberty of freedom of speech. (shrink)

This particular book has been published by The Ecumenical Theological Seminary, and is part of The Ecumenical Theological Seminary Library. In addition to our many other endeavors, primarily our ongoing goal to strive for, and achieve theological academic excellence, The Ecumenical Theological Seminary publishes literature pertaining to Theological subject matter, Spirituality, Meditation, Religion, Mysticism, et cetera.If you are an aspiring writer, or an author who would like to have your work published, or if you would like to submit a proposal, (...) or have any questions, or concerns, please contact The Ecumenical Theological Seminary. There is no cost to submit a manuscript to The Ecumenical Theological Seminary, and the copyright remains the property of the author. Certain manuscripts may be adequate to earn credit toward one of our degree programs. Therefore, please feel free to inquire about such.Publishing Your Book with The Ecumenical Theological Seminary; what we can offer:The Ecumenical Theological Seminary has been established since November 27th, 1994, and through the years has earned recognition, acknowledgement and respect throughout the world. The Ecumenical Theological Seminary has a team of dedicated and experienced editors who will review and provide feedback and guidance on your proposal. The Ecumenical Theological Seminary has a strong international presence, global distribution and marketing venues, and our sales channels reach deeply into markets within the United States, and throughout the world. Our editorial and marketing teams ensure that your book receives the right exposure.The Ecumenical Theological Seminary has a dedicated and knowledgeable sales team, with resources within the United States, and throughout the world; selling directly to bookstores, wholesalers, online retailers, library suppliers, colleges and universities, and churches. We offer quality design and production values, using the latest technology, our books are produced efficiently, quickly and attractively. We offer a global marketing plan, including direct mail, electronic and web marketing, advertising, review mailing, conference representation and adoption marketing for religious based books. The Ecumenical Theological Seminary has an extensive eBooks program, with new titles being added regularly, and we know how important it is to provide eBook content in a format that customers want.For further information, please feel free to contact The Ecumenical Theological Seminary.The Rev. Dr. Damian Stone, Founder, and President. (shrink)

Given the central role played by space and time both in our ordinary experience and in our attempts to understand the world by means of scientific theory, it is no surprise that attempts to understand space and time form a central locus of the interaction of philosophy and the physical sciences.

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Deep brain stimulation is an experimental procedure for treatment-resistant depression. Some results show promise, but blinded trials had limited success. Ethical questions center on vulnerability: especially on whether depressed patients can weigh the risks and benefits effectively, whether depression causes “desperation,” and whether media portrayals create unrealistic hopes. We interviewed 24 psychiatric inpatients with treatment-resistant depression, qualitatively analyzing their comments. Most had minimal interest in deep brain stimulators. Some might consider them if their depression worsened, if alternatives were exhausted, or (...) if the evidence were stronger. Fears focused on the surgery, adverse effects, and the novelty of the device. Patients felt the depression interfered with their ability to weigh the risks and benefits. Patients seemed highly attuned to the risks, and were skeptical that the treatment would be effective. We conclude that ethical concerns about vulnerability remain, yet patients with treatment-resistant depression were thoughtful and cautious about trying a novel therapy. (shrink)

The primary sequence of two subunits of the rod and one subunit of the cone cGMP-gated channel have been described, but describing how structure determines function is only just beginning. The discovery that the affinity of the rod channel for its agonist can be modulated indicates that the relationship between intracellular cGMP and the channel's open probability (current) during the course of the photoresponse may be more complex than previously thought.

Approaches bioethics on the basis of a conception of life and what is needed for the affirmation of its quality in the most encompassing sense. Johnson applies this conception to discussions of controversial issues in bioethics including euthanasia, abortion, cloning and genetic engineering. His emphasis is not on providing definitive solutions to all bioethical issues but on developing an approach to coping with them that can also help us deal with new issues as they emerge. The foundation of this discussion (...) is an extensive examination of the nature of the self and its good and of various approaches to ethics. His bioethic is integrally related to his well-known work on environmental philosophy. The book also applies these principles on an individual level, offering a user-friendly discussion of how to deal with ethical slippery slopes and how and where to draw the line when dealing with difficult questions of bioethics. (shrink)

Both John Henry Newman and Vincent Gasser offered influential interpretations of the First Vatican Council’s teaching on infallibility. In contrast to many of theircontemporaries, Gasser and Newman placed papal infallibility alongside episcopal infallibility and the infallibility of the Catholic faithful. After exploring the views of Gasser and Newman, this essay compares their views to the Second Vatican Council’s teaching on infallibility in Lumen Gentium and concludes that even though Lumen Gentium cited Gasser, its theology is closer to Newman’s.

ABSTRACT By means of the high ratings that they awarded to subprime mortgage‐backed bonds, the three major rating agencies—Moody's, Standard & Poor's, and Fitch—played a central role in the current financial crisis. Without these ratings, it is doubtful that subprime mortgages would have been issued in such huge amounts, since a major reason for the subprime lending boom was investor demand for high‐rated bonds—much of it generated by regulations that made such bonds mandatory for large institutional investors. And it is (...) even less likely that such bonds would have become concentrated on the balance sheets of the banks, for which they were rewarded by capital regulations that tilted toward high‐rated securities. Why, then, were the agencies excessively optimistic in their ratings of subprime mortgage‐backed securities? A combination of their fee structure, the complexity of the bonds that they were rating, insufficient historical data, some carelessness, and market pressures proved to be a potent brew. This combination was enabled, however, by seven decades of financial regulation that, beginning in the 1930s, had conferred the force of law upon these agencies' judgments about the creditworthiness of bonds and that, since 1975, had protected the three agencies from competition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:140 BOOK REVIEWS The Church: The Universal Sacrament of Salvation. By JoHANN AUER. Translated from the German by Michael Waldstein. Washington, D.C.: The Catholic University of America Press, 1993. Pp. 541. $24.95 (paper). The Church, Community of Salvation: An Ecumenical Ecclesiology. By GEORGE H. TAVARD. Collegeville, Minnesota: The Liturgical Press, 1992. Pp. 264. $18.95 (paper). These two works represent two recent and very different attempts by contemporary Catholic ecclesiologists (...) to present a comprehensive or systematic theology of the church. I shall deal with the specifics of each work separately. Johann Auer (1910-1989) was professor of dogmatics and the history of dogma at the University of Bonn when in 1983 he first published his Die Kirche: Das allgemeine Heilssakrament. This present work is an English translation of that German text which was Volume VIII in a comprehensive, nine-part, dogmatic survey, with volumes addressing the traditional dogmatic themes: God, Creation, Christ, Grace, Eucharist, Sacraments, Church and Eschatology. Joseph Ratzinger was co-editor with Auer of the original series. And while Auer authored the first eight volumes, Ratzinger authored the final volume on eschatology. We have seen this kind of dogmatic survey in English before in the comparable six-volume work of Michael Schmaus called Dogma (1968). As with Schmaus's work, this dogmatic survey is intended as a series of textbooks for theology students and thus its method is to survey each dogmatic theme focusing upon three elements, the biblical foundation for the theme, the historical development of this theme, and finally its systematic inner coherence or integral rational development. In this volume, Auer accomplishes all three tasks in exemplary fashion and with a depth of treatment Schmaus never aimed at approaching. Auer's The Church is divided into eighteen chapters organized into four thematic sections bearing the titles, " Pathways towards the Proper Understanding of the Church," " Pathways towards a Theological Concept of the Church taken from Biblical Images," "Manifestations of the Church's Being, Life and Activity in the Light of its Sacramental Structure," and "The Church's Tasks and Its Ways to Self-Realization in the World." Under these titles are treated all the traditional themes expected of a comprehensive ecclesiology: the origin and authority of the church, its mission and ministries, biblical images, organizational BOOK REVIEWS 141 models and dogmatic marks of the church, ecumenism, the place of the Blessed Virgin Mary among the People of God, relations between church and state. Auer's consideration of each of these themes is marked by his thorough knowledge of the sources and his skillful handling of these materials. Even so, Auer's work is hardly beyond criticism. For example, arguably the heart of the book is the author's 213-page treatment of the history and theology of the ministries which comprises Part III, "Manifestations of the Church's Being, Life and Activity...." I want to call this section masterful because of the vastness of the enterprise (the development of the ministries over almost two thousand years) and the wealth of careful distinctions Auer brings to his treatment of so much material. To choose among the riches here one might single out Auer's treatment of the two principles of democracy and hierarchy and the numerous collegial forms for participative governance and administration that have been created or once existed in the church and have been revived since Vatican II (pp. 157-173). This is a stimulating but balanced discussion, blending historical material with more immediate and urgent concerns. But there are also some serious weaknesses in the larger section. For example, while extended attention is given to the offices of bishop and pope (almost a hundred pages on the papal office alone), comparatively little attention is given to the role of presbyters (four pages) and the laity. As for the latter, though Auer considers "The Question of the Secular Office of the Laity," he never addresses the question of the religious office of the laity, that is, their ministry in the church and not just to the world. He broaches this theme in his section on " Vocations or Charisms, Ministries and Offices or Commissionings " (pp. 179-194), but all too quickly he concludes this section... (shrink)

This book is a comprehensive exposition of the Transcendental Deduction of the Categories in both editions of Kant’s Critique of Pure Reason.

RNA editing is a newly described genetic phenomenon. It encompasses widely different molecular mechanisms and events. According to the specific RNA modification, RNA editing can be broadly classified into six major types. Type II RNA editing occurs in plants and mammals; it consists predominantly in cytidine to uridine conversions resulting from deamination/transamination or transglycosylation, although in plants other mechanisms have not been excluded. Apolipoprotein B mRNA editing is the only well‐documented editing phenomenon in mammals. It is an intranuclear event that (...) occurs posttranscriptionally, coincident with splicing and polyadenylation. Recent observations indicate that the tissue‐ and sequence‐specific process is mediated by an enzyme that has separate domains for editing and sequence recognition. The presence of apolipoprotein B mRNA editing activity in tissues that do not produce the protein suggests that other RNAs may be edited and RNA editing may be a genetic phenomenon of general biological importance to the cell. (shrink)

Aquinas’s Five Ways are not to be understood as demonstrative proofs, successful or not, for the existence of God. Rather, they provide a necessary step towards supplying licensable surrogates for the essential predications that cannot logically be drawn from the incomprehensible nature of God, yet would seem needed for the Summa’s declared genre of argued theology. (Predication secundum analogiam provides surrogates for non-relational accidental predications, likewise unavailable.) What Aquinas is proving in arguing deum esse in ST I.2.3 is not God’s (...) actual existence (see ST I.3.4 ad 2) but an alternative interpretation of “God’s being something” where “God is something” is a placeholder for, say, “God is prime mover” or, more explicitly, for such (necessary) identities as “The prime mover is the necessitated necessitator,” an identity whose necessity depends at more than one place on the assumption of God’s existence from faith, not on demonstrative proof of God’s existence. (shrink)

_Race in the Making _provides a new understanding of how people conceptualize social categories and shows why this knowledge is so readily recruited to create and maintain systems of unequal power. Hirschfeld argues that knowledge of race is not derived from observations of physical difference nor does it develop in the same way as knowledge of other social categories. Instead, his central claim is that racial thinking is the product of a special-purpose cognitive competence for understanding and representing human kinds. (...) The book also challenges the conventional wisdom that race is purely a social construction by demonstrating that a common set of abstract principles underlies all systems of racial thinking, whatever other historical and cultural specificities may be associated with them. Starting from the commonplace observation that race is a category of both power and the mind, Race in the Making directly tackles this issue. Through a sustained exploration of continuity and change in the child's notion of race and across historical variations in the race concept, Hirschfeld shows that a singular commonsense theory about human kinds constrains the way racial thinking changes, whether in historical time or during childhood. After surveying the literature on the development of a cultural psychology of race, Hirschfeld presents original studies that examine children's representations of race. He sketches how a jointly cultural and psychological approach to race might proceed, showing how this approach yields new insights into the emergence and elaboration of racial thinking. (shrink)

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether (...) these options are desirable - whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans for constitutional reform or revolution. Frequently, normative constitutional theories are criticized on the ground that they are undesirable, unwise, on inconsistent with the best theories of political morality and legitimate legal authority, but sometimes one hears a very different form of criticism, expressed in locutions such as the following: That is unrealistic. That's not possible. That is pie in the sky. You are imagining castles in the air. Your suggestion is utopian. That isn't feasible. These objections invoke the idea of ephemeral constitutional possibility - constitutional options that are not real or actual possibilities. What are our constitutional possibilities? How should we think about the feasible choice set for constitutional change? What are the differences between ideal and nonideal theory? What role should the ideas of path dependency and second best play in constitutional theory? These inquiries cross the lines between normative, positive, and conceptual constitutional theory. At the conceptual level, we can ask what phrases like constitutional possibility, ideal theory, and the feasible choice set mean. At the level of positive constitutional theory, we can ask about the forces and institutions that condition constitutional possibility. At the level of normative constitutional theory, we can ask about the implications of constitutional possibility for political morality. Constitutional Possibilities proceeds as follows. Part I introduces the idea of ephemeral constitutional possibilities. Part II will cobble together a conceptual toolkit for thinking about possibility and necessity in constitutional theory: the tools include: (a) the distinction between ideal and nonideal theory, (b) the notion of a constitutional second best, and (c) an introduction to possible-worlds semantics. Part III will explore the implications of the resulting proto-theory of constitutional possibility in two stages: stage one will investigate the normative implications, whereas stage two will reconnoiter a set of standards for making modal claims in constitutional arguments. Part IV provides a case study in constitutional possibility by examining Sanford Levinson's proposal for a constitutional convention. Part V concludes with the problem of false constitutional necessity. (shrink)

Aurélien Drezet has attempted in Found. Phys. 54(1), 5 (2023) to defend Relational Quantum Mechanics (RQM) against our recent critique, entitled Relational Quantum Mechanics is incompatible with quantum mechanics, published in Quantum 7, 1015 (2023). Drezet not only misrepresents our work, but he also misconstructs the very theory (RQM) that he claims to defend.