The Dialectical Path of Law discusses the origin of law leading to the development of advanced corporate law intertwined with the formation of technical tax rules. Lincoln explores the recent developments of the OECD and United States tax rules within a hardly discussed context in legal academia - the Hegelian dialectic.

H. Wittman, A. Desmarais, and N. Wiebe (eds.): Food Sovereignty: Reconnecting Food, Nature and Community Content Type Journal Article Category Review Paper Pages 1-3 DOI 10.1007/s10806-012-9375-1 Authors Charles Francis, Department of Agronomy and Horticulture, UNL, 279 Plant Science, Lincoln, NE 68583-0915, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.

This anthology on creativity represents a lifetime of reading and study by the late Charles Dewey Tenney, a philosopher who had been a student of Alfred North Whitehead at Harvard. In a series of fourteen essays Tenney considers the various factors that can be identified in creativity, followed by the recorded testimony of philosophers, artists, historians, explorers, scientists and others, both theorists and practitioners. The contributors extend in time from Aristotle and Sophocles to Buckminster Fuller and May Sarton. They (...) include such diverse thinkers as Martin Luther, Karl Marx, Lewis Carroll, Julian Huxley, Albert Einstein, Abraham Lincoln, Gertrude Stein, Henry Nelson Wieman and Alfred North Whitehead. In all, more than 300 of the world's most creative individuals are included. Contents: Discovery, Invention and Creation; Roots of Discovery; Environs of Discovery; Agents of Discovery; Hinderances to Discovery; Observation and Discovery; Reason in Discovery; Reverie Discovery; Imagination in Discovery; Sensibility and Discovery; Method in Discovery; Artistry in Discovery; Diffusion; and Foresight and Discovery. (shrink)

"... stimulating and insightful... a thoroughly researched and timely contribution to the secondary literature of ethics... " —Library Journal "His important new work establishes Scott... as one of the foremost interpreters of the Continental philosophical tradition of the US.... Necessary for anyone working in ethics or the Continental tradition." —Choice "... a provocative discourse on the consequences of the ethical in the thought of Nietzsche, Foucault, and Heidegger." —The Journal of Religion Charles E. Scott's challenging book advances the broad (...) claim that ethics as a way of judging and thinking has come into question as philosophers have confronted suffering and conflicts that arise from our traditional systems of value. (shrink)

Kierkegaard’s ideal supports a radical form of “deep diversity,” to use Charles Taylor’s expression. It is radical because it embraces not only irreducible conceptions of the good but also incompatible ones. This is due to its paradoxical nature, which arises from its affirmation of both monism and pluralism, the One and the Many, together. It does so in at least three ways. First, in terms of the structure of the self, Kierkegaard describes his ideal as both unified (the “positive (...) third”) and plural (a “negative unity”). Second, he affirms a process which brings together unity, as implied by the linear notion of “stages”, with plurality, in the form of “spheres of existence” (aesthetic, ethical, and religious). And third, the culmination of the process implies that we should embrace both a unified dialectic (“Religiousness A”) alongside the plural remnants of the ethical/aesthetic, that is, both the infinity of the former and the finitudes of the latter. Unsurprisingly, while Kierkegaard describes those who are able to exemplify his ideal in practice as “always joyful,” he also considers the ideal to be “extremely hard, the hardest task of all.” This is why those such as Hubert L. Dreyfus are wrong to claim that it provides an experience of bliss; on the contrary, those who realize it “are always in danger.” As I shall show, one form this danger takes is that it threatens to dirty the hands of those who manage to uphold Kierkegaard’s ideal. Moreover, it does so in ways that, I claim, tend to be missed by Kierkegaard himself. Nevertheless, the danger is also essential to the creativity of his approach, and I conclude by pointing out how this creativity makes it capable of tackling one of the profoundest challenges in contemporary ethics: that arising from what just war theorists call a “supreme emergency.”. (shrink)

A rich literature in public health has demonstrated that health is strongly influenced by a host of environmental factors that can vary according to social, economic, geographic, cultural or physical contexts. Bioethicists should, we argue, recognize this and – where appropriate – work to integrate environmental concerns into their field of study and their ethical deliberations. In this article, we present an argument grounded in scientific research at the molecular level that will be familiar to – and so hopefully more (...) persuasive for – the biomedically-inclined in the bioethics community. Specifically, we argue that the relatively new field of molecular epigenetics provides novel information that should serve as additional justification for expanding the scope of bioethics to include environmental and public health concerns. We begin by presenting two distinct visions of bioethics: the individualistic and rights-oriented and the communitarian and responsibility-oriented. We follow with a description of biochemical characteristics distinguishing epigenetics from genetics, in order to emphasize the very close relationship that exists between the environment and gene expression. This then leads to a discussion of the importance of the environment in determining individual and population health, which, we argue, should shift bioethics towards a Potterian view that promotes a communitarian-based sense of responsibility for the environment, in order to fully account for justice considerations and improve public health. (shrink)

CHARLES DUPRAS | : L’épigénétique est un champ d’études qui s’intéresse aux modifications biochimiques et aux changements dans la structure tridimensionnelle de l’ADN ayant pour effet de contraindre ou de faciliter la lecture et l’expression des gènes. Au cours des dix dernières années, l’épigénétique a attiré l’attention d’un nombre croissant de chercheurs en sciences sociales, puisqu’elle semble venir confirmer, cette fois sur le plan moléculaire, le rôle déterminant de l’environnement développemental des personnes dans la configuration de leur individualité biologique (...) et dans la programmation de leur santé future. Cet article se penche sur les implications épistémologiques potentielles de l’épigénétique. Nous distinguons et décrivons trois perspectives socio-anthropologiques complémentaires, adoptées par différents auteurs, sur le rapprochement des concepts de « nature » et de « culture » par l’épigénétique : la socialisation du biologique, la biologisation du social et la superposition nature-culture. | : Epigenetics is a field of study that focuses on biochemical modifications and changes in the tridimensional structure of DNA that have the effect of constraining or facilitating the reading and expression of genes. Over the last ten years, epigenetics has captured the attention of several social scientists since it appears to confirm, this time at the molecular level, the determining role of the developing environment of people in configurating their biological individuality and programming their future health. This article discusses the potential epistemological implications of epigenetics. It distinguishes and describes three complementary socio-anthropological perspectives, taken by different authors, on the rapprochement of the concepts “nature” and “nurture” by epigenetics: the socialization of the biological, the biologization of the social, and the superimposition nature-nurture. (shrink)

The question is: how does the thought of Heidegger and the later Wittgenstein lead to such different postfoundationalist views as those of Charles Taylor and Richard Rorty? I consider how the "phenomenology of everyday life" in Heidegger and Wittgenstein shows (1) that understanding is dependent on a social background of meanings, and (2) that the sense of reality embodied in our actions is prestructured by language. This picture of everydayness is holistic, antidualistic and nonfoundationalist. I conclude by focusing the (...) debate between Taylor and Rorty, suggesting that Taylor's reading of our current philosophical situation is more viable. (shrink)

Information, knowledge and understanding, history/tradition and novelty, fashion and science, show business and intellectual product are the contexts to review in order to answer the question why humanities have been losing credibility and have come under the hammer. The present article, informed by philosophers like Bertrand Russell and Mary Midgley, authors like Charles K. Ogden and Ivor A. Richards, semioticians like Algirdas Greimas and Roland Barthes and classical English literature, argue that the problem originates between the continuity of thought (...) and indoctrination, between the stance of Rectors of universities and henchmen in the politics of market economy, and it is best exemplified by the caricature of humanities in some universities resulting from the implementation of the courses of technical skills. Knowing that humanities have been prized for intellectual attainment (Lincoln Barnett, Paul Goodman), their precarious state seems to depend on unbalanced philosophical, ethical, educational and economic principles. With economy being the factor which is hard to dispute, political and ethical principles tend to invite a revision because of a traceable tendency to promote the production of the manageable rather than the enlightened. (shrink)

When philosophers undertake to say what it is that makes life worth living, they generally display a procrustean habit of thought which the practice of philosophy itself does much to encourage. As a result, they arrive at an image of the human good that is far more controversial than they suspect. The canonical view among philosophers ancient and modern has been, in essence, that the life lived well is the life lived in accord with a rational plan. To me this (...) conception of the human good seems manifestly wrong. The idea that life should be the object of a plan is false to the human condition. It misses the important truth which Proust, by contrast, discerned and made into one of the organizing themes of his great meditation on disappointment and revelation, A la recherche du temps perdu : The happiness that life affords is less often the good we have reason to pursue than the good that befalls us unexpectedly. (shrink)

This article defends the thesis that in theorizing about the mind we need to accord first-person (“introspective” or “reflective”) judgments about experience a “selective provisional trust.” Such an approach can form part of a descriptive psychology. It is here so employed to evaluate some influential interpretations of research on attention to conclude that—despite what conventional wisdom suggests—an “introspection-positive” policy actually offers us a better critical perspective than its contrary. What supposedly teaches us the worthlessness of introspection actually shows us why (...) we need to take it seriously. (shrink)

A paradox, it is claimed, is a radical form of contradiction, one that produces gaps in meaning. In order to approach this idea, two senses of “separation” are distinguished: separation by something and separation by nothing. The latter does not refer to nothing in an ordinary sense, however, since in that sense what’s intended is actually less than nothing. Numerous ordinary nothings in philosophy as well as in other fields are surveyed so as to clarify the contrast. Then follows the (...) suggestion that philosophies which one would expect to have room for paradoxes actually tend either to exclude them altogether, or to dull them. There is a clear alternative, however, one that fully recognizes paradoxes and yet also strives to overcome them. (shrink)

Numbers are symbols manipulated in accord with the axioms of arithmetic. They sometimes represent discrete and continuous quantities, but they are often simply names. Brains, including insect brains, represent the rational numbers with a fixed-point data type, consisting of a significand and an exponent, thereby conveying both magnitude and precision.

While concepts of care and caring have a long history, the terms have become especially prominent in recent times. Care and caring, I argue, have emerged as what philosopher Charles Taylor calls ‘moral sources,’ uber-concepts that allow for moral deliberation, the prioritization of preferences, and our identity formation as persons. Linking the current salience of care to a growing awareness of the dynamics of a crisis- and catastrophe-ridden world, I consider care within the context of university students’ declining mental (...) health. Acknowledging role differentiation within universities and the contributions of Well-being units with specialist knowledge, I contend that frontline tutors without such knowledge have an important role to play in developing alternatives to an increasingly pervasive medicalised conception of care, one that constitutes students as passive patients. Drawing on Martha Nussbaum and Amartya Zen’s capabilities approach to human flourishing, I suggest that there is considerable scope, within the civil society environments of the university sector, for life skills-oriented practices of care that are profoundly agential, and, through this, curative, protective, and liberating. I illustrate the relevance of the theoretical propositions through a case study of a collaborative performance of the ‘Shout at Cancer Choir’ (aka ‘Laryngectomy Choir’) at the University of Lincoln, UK, in 2023. The aim is to show how particular forms of community engagement, within or beyond the formal curriculum, create capabilities-based conditions for students’ flourishing. (shrink)

In this paper, I develop a view about machine autonomy grounded in the theoretical frameworks of 4E cognition and PF Strawson’s reactive attitudes. I begin with critical discussion of White, and conclude that his view is strongly committed to functionalism as it has developed in mainstream analytic philosophy since the 1950s. After suggesting that there is good reason to resist this view by appeal to developments in 4E cognition, I propose an alternative view of machine autonomy. Namely, machines count as (...) autonomous when we members of the moral community adopt reactive attitudes in response to their actions. I distinguish this view from White’s and suggest assets and liabilities of this approach. (shrink)

Patrick Stokes has argued that although many conspiracy theories are true, we should reject the policy of particularism (that is, the policy of investigating conspiracy theories if they are plausible and believing them if that is what the evidence suggests) and should instead adopt a policy of principled skepticism, subjecting conspiracy theories – or at least the kinds of theories that are generally derided as such – to much higher epistemic standards than their non-conspiratorial rivals, and believing them only if (...) they are proven up to the hilt. The reason is that although some conspiracy theories are true (or otherwise epistemically kosher) there is a widespread practice of conspiracy theorizing which leads to the social acceptance of conspiracy theories which (much like Lord Byron) are mad, bad and dangerous to ‘know’, leading to radically false beliefs about the natural and political worlds (for instance to Trump’s claim that Global Warming is a ‘Chinese Hoax’). Thus Stokes is a defender of the epistemic status quo in which the punditocracy routinely dismisses and sneers at ‘conspiracy theories’, simply because they are conspiracy theories, whilst admitting sotto voce that once in a blue moon there are some conspiracy theories that are true. It is just the he would prefer the epistemic policy of the punditocracy to be the policy of the populace at large. Stokes seems to be suggesting that although particularism looks like a sensible epistemic policy (and might indeed be the correct policy in an ideal world), if it were put into practice at the level of public debate it would give a specious air of plausibility to many false and dangerous conspiracy theories with pernicious social effects. I reply that the actual moral costs of conspiracy ‘skepticism’ (as it is currently practiced) exceed the likely costs of particularism, especially if it is informed by some sensible heuristics, ruling out some conspiracy theories as crazy and ruling in others as relatively sane. For the conspiracy ‘skepticism’ as currently practiced is highly selective, pouring scorn and contempt on conspiracy theories which threaten current elites whilst giving the conspiratorial concoctions of those elites something close to a free pass. (shrink)

The idea of ‘reversion’ or ‘atavism’ has a peculiar history. For many authors in the latenineteenth and early-twentieth centuries – including Darwin, Galton, Pearson, Weismann, and Spencer, among others – reversion was one of the central phenomena which a theory of heredity ought to explain. By only a few decades later, however, Fisher and others could look back upon reversion as a historical curiosity, a non-problem, or even an impediment to clear theorizing. I explore various reasons that reversion might have (...) appeared to be a central problem for this first group of figures, focusing on their commitment to a variety of conceptual features of evolutionary theory; discuss why reversion might have then ceased to be an interesting phenomenon; and, finally, close with some more general thoughts about the death of scientific problems. (shrink)

Il saggio ricostruisce lo scontro sull’emancipazione negli Stati Uniti dei decenni precedenti la Guerra Civile, concentrandosi sul discorso dell’economia politica del Nord e in particolare sugli scritti di Henry Charles Carey (1793-1879). Obiettivo del saggio è mostrare come, tra anni Trenta e Cinquanta, gli economisti del Nord, contro l’abolizionismo radicale, elaborino una visione graduale e limitata dell’emancipazione, nel tentativo di garantire, anche dopo la fine della schiavitù, la continuità del comando sul lavoro nero nel Sud e la persistenza delle (...) gerarchie razziali e di classe del capitalismo americano. Il saggio evidenzia inoltre come questa visione dell’emancipazione, pur influenzando il Partito Repubblicano e l’amministrazione Lincoln, venga sconfitta dal general strike degli schiavi durante la Guerra Civile. (shrink)

We investigate whether air pollution harms business ethics from the perspective of earnings manipulation, which exerts a real effect on the economy and social welfare. Using a large sample and a comprehensive air quality index in China, we find that firms located in cities with more severe air pollution exhibit higher levels of discretionary accruals and are more likely to restate their financial statements, consistent with exposure to air pollution leading to more earnings manipulation. We further provide causal evidence using (...) propensity score matching and a discontinuity regression design exploiting the Qinling Mountain–Huai River Heating Policy Line, which exogenously leads to more air pollution to cities located immediately north of the Line but not those in the south. Our findings are robust to controlling for weather conditions and alternative samples and measures of air pollution and earnings manipulation. Overall, this study unveils how the ecological environment shapes business ethics. (shrink)

Though some doubts about the principle that every proposition is either true or false were entertained even by Aristotle, both the number and the vigor of criticisms of this principle have been increasing in recent years. This paper attempts a restatement and a re-examination of the issues involved in this dispute, and in particular an evaluation of the effects on the argument of such recent discoveries as that of the “many-valued logics.”.

ABSTRACT Thaddeus Metz is probably the leading expert on the meaning of life. His latest book admirably displays his intellectual agility and fairness: arguments, counter-arguments, examples and counter-examples come in wave after wave that may compel most of us to slow down the pace of reading. If you have ever had the delight of interacting with Professor Metz at a conference, you know his irrepressible energy and love for debate. In this brief essay, I challenge some of Metz’s terminology, raise (...) a worry about the role of metaphysics in the meaning of life literature, suggest a reply to the religious relational account of meaning, and firm up the intuition that meaning is enhanced in a theistic cosmos. (shrink)

BackgroundEarly in the COVID-19 pandemic, the urgent need to discover effective therapies for COVID-19 prompted questions about the ethical problem of randomization along with its widely accepted solution: equipoise. In this scoping review, uses of equipoise in discussions of randomized controlled trials of COVID-19 therapies are evaluated to answer three questions. First, how has equipoise been applied to COVID-19 research? Second, has equipoise been employed accurately? And third, do concerns about equipoise pose a barrier to the ethical conduct of COVID-19 (...) RCTs?MethodsGoogle Scholar and Pubmed were searched for articles containing substantial discussion about equipoise and COVID-19 RCTs. 347 article titles were screened, 91 full text articles were assessed, and 48 articles were included. Uses of equipoise were analyzed and abstracted into seven categories.Results and discussionApproximately two-thirds of articles used equipoise in a way that is consistent with the concept. They invoked equipoise to support RCTs of specific therapies, RCTs in general, and the early termination of RCTs after achieving the primary outcome. Approximately one-third of articles used equipoise in a manner that is inconsistent with the concept. These articles argued that physician preference, widespread use of unproven therapies, patient preference, or expectation of therapeutic benefit may undermine equipoise and render RCTs unethical. In each case, the purported ethical problem can be resolved by correcting the use of equipoise.ConclusionsOur findings highlight the continued relevance of equipoise as it supports the conduct of well-conceived RCTs and provides moral guidance to physicians and researchers as they search for effective therapies for COVID-19. (shrink)

Volume 20, Issue 2, February 2020, Page 33-35.

This book explores how far some leading philosophers, from Montaigne to Hume, used Academic Scepticism to build their own brand of scepticism or took it as its main sceptical target. The book offers a detailed view of the main modern key figures, including Sanches, Charron, La Mothe Le Vayer, Bacon, Gassendi, Descartes, Malebranche, Pascal, Foucher, Huet, and Bayle. In addition, it provides a comprehensive assessment of the role of Academic Scepticism in Early Modern philosophy and a complete survey of the (...) period. As a whole, the book offers a basis for a new, balanced assessment of the role played by scepticism in both its forms. Since Richard Popkin's works, there has been considerable interest in the role played by Pyrrhonian Scepticism in Early Modern Philosophy. Comparatively, Academic Scepticism was much neglected by scholars, despite some scattered important contributions. Furthermore, a general assessment of the presence of Academic Scepticism in Early Modern Philosophy is lacking. This book fills the void. (shrink)

David Elder-Vass's “For Emergence: refining Archer's account of social structure,” is the latest of a number of papers which together constitute a family quarrel in the cognitive space After Postmodernism among realist social scientists. In the case under examination here in “Elder-Vass's Move and Giddens's Call”, the concern is the structure and agency problem in the social sciences. The debate continuing in Elder-Vass's paper represents the proponents of the resurrection of Durkheim's social realism under the auspices of Bhaskar's Transcendental Realism; (...) the debate that continues here as a response to the Elder-Vass paper, opposes the latter's attempt to advance the argument for social realism under the canopy of Harre's Immanental realism. The theme of this response is this: Elder-Vass fails to realize the promise of reconciling social structural realism and social relational realism. (shrink)

Hervaeus Natalis distinguishes two types of items that can have esse obiective in the intellect: objects of acts of intellection (man, this cat, etc.) and properties unapprehended by these acts, or background properties (being a species, being a particular, etc.), that are beings of reason. Yet, his conception of the esse obiective of objects evolved. First, he had a neutral conception of esse obiective: items presenting themselves to the intellect are cognized, transparently, without being altered in the process. Later, he (...) developed an ontologically committing conception of the objective being of objects: items presenting themselves to the intellect take on rational being (esse rationis) as such. This evolution transpires because Hervaeus introduces intentional relations as what makes the cognized item be objectively in the intellect and includes them within the class of background properties (being of reason). Both these conceptions manage to account for our access to extra-mental things. -/- . (shrink)

Western music is characterized primarily by simple meters, but a number of other musical cultures, including Turkish, have both simple and complex meters. In Experiment 1, Turkish and American adults with and without musical training were asked to detect metrical changes in Turkish music with simple and complex meter. Musicians performed significantly better than nonmusicians, and performance was significantly better on simple meter than on complex meter, but Turkish listeners performed no differently than American listeners. In Experiment 2, members of (...) Turkish classical and folk music clubs who were tested on the same materials exhibited comparable sensitivity to simple and complex meters, unlike the American and Turkish listeners in Experiment 1. Together, the findings reveal important effects of musical training and culture on meter perception: trained musicians are generally more sensitive than nonmusicians, regardless of metrical complexity, but sensitivity to complex meter requires sufficient exposure to musical genres featuring such meters. (shrink)

The origins of this book go back to I956 when it was suggested to me that a study on the philosophy of Gianfrancesco Pico della Mirandola would furnish an important addition to our knowledge of the philoso phy of the Italian Renaissance. It was not, however, until I960 that I could devote a significant portion of my time to a realization of this goal. My work was essentially completed in 1963, at which time it was presented in its original form (...) as a doctoral dissertation in the Phi losophy Department of Columbia University. Since then I have made many minor improvements and several chapters have been extensively reworked. This study represents the first attempt in fifty years to give a detailed account of even a portion of Gianfrancesco Pico's life and thought. The most comprehensive previous study, Gertrude Bramlette Richards, "Gianfrancesco Pico della lv1irandola" (Cornell University Dissertation, I 9 I 5), which I have found very useful in preparing my own book, is largely based on secondary literature and is mistaken in a number of details. Furthermore, Miss Richards' treatment of Gian francesco Pico as a thinker is very sketchy and is not an exhaustive study of his own writings. It is hoped that my present study, built in part on her extensive bibliographical indications, brings forth a certain amount of new information which will be of value for further research. (shrink)

A recent paper, ‘Hume's Immanent God’, )* by George Nathan, contains an insightful interpretation of Hume's Dialogues Concerning Natural Religion . Insight is no guarantee against error. I shall argue that Nathan's interpretation is mistaken, and then offer my own. Nathan observes that the general tendency in scholarship on D has been to focus on its sceptical side. He proposes to ‘bring out Hume's positive contribution’. Nathan's thesis, briefly, is that D best supports a modestly theistic interpretation according to which (...) God is the ultimate cause of order in the universe. (shrink)