In a 2004 decision, the Supreme Court of Canada restated the law of unjust enrichment as it exists in the common law provinces of Canada. Unjust enrichment is said to arise where there is 'no juristic reason' for the defendant's enrichment and the plaintiff's corresponding deprivation. This appears to mark a movement away from the traditional common law approach, which answers the question whether an enrichment is unjust by reference to primary facts such as mistake, compulsion or undue influence. The (...) new Canadian approach appears to bear some similarity to civilian legal systems, which may frame the inquiry according to whether the enrichment was supported by some legal justification, such as a contractual or other obligation. Through a comparative approach, the author shows that no legal system is actually thoroughly committed to an analysis of this kind; when deciding whether an enrichment is unjust, all systems look sometimes to the primary facts, and sometimes to justification through legal constructs like contracts. The author shows that if the new Canadian approach is to be made workable, it will require further elaboration in a number of directions. (shrink)

This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us (...) to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic. (shrink)

The translational research community, in general, and the Clinical and Translational Science Awards (CTSA) community, in particular, share the vision of repurposing EHRs for research that will improve the quality of clinical practice. Many members of these communities are also aware that electronic health records (EHRs) suffer limitations of data becoming poorly structured, biased, and unusable out of original context. This creates obstacles to the continuity of care, utility, quality improvement, and translational research. Analogous limitations to sharing objective data in (...) other areas of the natural sciences have been successfully overcome by developing and using common ontologies. This White Paper presents the authors’ rationale for the use of ontologies with computable semantics for the improvement of clinical data quality and EHR usability formulated for researchers with a stake in clinical and translational science and who are advocates for the use of information technology in medicine but at the same time are concerned by current major shortfalls. This White Paper outlines pitfalls, opportunities, and solutions and recommends increased investment in research and development of ontologies with computable semantics for a new generation of EHRs. (shrink)

In this short response we show that Kevin Smith's moral and ethical rejections of homeopathy1 are fallacious and rest on questionable epistemology. Further, we suggest Smith's presumption of a utilitarian stance is an example of scientism encroaching into medicine.

The Moral Imagination describes how some of the most provocative thinkers of modern times, coming from different traditions, responding to different concerns, and writing in different genres, shared a moral passion that permeated their work. The second edition includes a revised introduction and three new essays on Adam Smith, Lord Acton, and Alfred Marshall.

In a recent article2 I examined the nature of private law offices, and here I extend that analysis to consider the trustee-beneficiary relationship where the trust is of a kind that Lionel Smith has called a “massively discretionary trust.”3 After considering some of the problematic legal features of such trusts, I shall probe the morally problematic features that these trusts present.

An essential introduction to the philosophy of biology This is a concise, comprehensive, and accessible introduction to the philosophy of biology written by a leading authority on the subject. Geared to philosophers, biologists, and students of both, the book provides sophisticated and innovative coverage of the central topics and many of the latest developments in the field. Emphasizing connections between biological theories and other areas of philosophy, and carefully explaining both philosophical and biological terms, Peter Godfrey-Smith discusses the relation (...) between philosophy and science; examines the role of laws, mechanistic explanation, and idealized models in biological theories; describes evolution by natural selection; and assesses attempts to extend Darwin's mechanism to explain changes in ideas, culture, and other phenomena. Further topics include functions and teleology, individuality and organisms, species, the tree of life, and human nature. The book closes with detailed, cutting-edge treatments of the evolution of cooperation, of information in biology, and of the role of communication in living systems at all scales. Authoritative and up-to-date, this is an essential guide for anyone interested in the important philosophical issues raised by the biological sciences. (shrink)

This article was conceived as a sequel to “The Humean Theory of Motivation.” The paper addresses various challenges to the standard account of the explanation of intentional action in terms of desire and means-end belief, challenges that didn’t occur to me when I wrote “The Humean Theory of Motivation.” I begin by suggesting that the attraction of the standard account lies in the way in which it allows us to unify a vast array of otherwise diverse types of action explanation. (...) I go on to consider a range of other challenges to the standard account of the explanation of action: Rosalind Hursthouse’s challenge based on the possibility of what she calls “arational” actions (Hursthouse 1991); Michael Stocker’s challenge based on the idea that some explanations of action are nonteleological (Stocker 1981); Mark Platts’s challenge based on the idea that our evaluative beliefs can sometimes explain our actions all by themselves (Platts 1981); a voluntarist challenge based on the possibility of explaining actions by the exercise of self-control; and a challenge from Jonathan Dancy based on the idea that reasons can themselves sometimes explain actions all by themselves (Dancy 1994). (shrink)

Numerous research groups around the world are attempting to build realistic and believable autonomous embodied agents that attempt to have natural interactions with users. Research into these entities has primarily focused on their potential to enhance human–computer interaction. As a result, there is little understanding of the potential for embodied entities to abuse and manipulate users for questionable purposes. We highlight the potential opportunities for abuse when interacting with embodied agents in virtual worlds and discuss how our social interactions with (...) such entities can contribute to abusive behaviour. Suggestions for reducing such risks are also provided, along with suggestions for important future research areas. (shrink)

Transpersonal psychology: Dean, S. R. The ultraconscious mind. Arasteh, A. R. Final integration in the adult personality.--The nature of madness: First, E. Visions, voyages, and new interpretations of madness. Van Dusen, W. Hallucinations as the world of spirits.--Biofeedback: White, J. The yogi in the lab. Kiefer, D. EEG alpha feedback and subjective states of consciousness.--Meditation research: Griffith, F. F. Meditation research: its personal and social implications. Kiefer, D. Intermeditation notes: reports from inner space.--Psychic research: Honorton, C. Tracing ESP through altered (...) states of consciousness. Johnson, C. W. Unexplored areas of parapsychology.--Paraphysics: White, J. Plants, polygraphs, and paraphysics. Reiser, O. L. Messages to and from the galaxy.--Biotechnology: Beal, J. B. The new biotechnology. Tiller, W. A. Energy fields and the human body.--The neurosciences: Conway, H. Life, death, and antimatter. Floyd, K. Of time and mind: from paradox to paradigm.--Ecological consciousness: Smith, R. A. Our passport to evolutionary awareness. Esser, A. H. Synergy and social pollution in the communal imagery of mankind.--Space travel and extraterrestrial life: Mitchell, E. D. Global consciousness and the view from space. White, J. Exobiology--where science fiction meets science fact.--Death as an altered state of consciousness: Tietze, T. R. Some perspectives on survival. Noyes, R. Dying and mystical consciousness. (shrink)

This text seeks to situate sociolegal studies in a global context.

Reflections on the tradition of Republicanism -- Initial reflections on political philosophy -- Who was Cicero? -- Cicero on the nature of philosophy -- Cicero on cosmology and natural philosophy -- Cicero on natural theology -- Cicero on ethics -- Cicero on oratory and the language arts -- Cicero on politics -- A brief reflection on Nietzsche -- Political philosophy and the Republican future.

The Pinocchio paradox, devised by Veronique Eldridge-Smith in February 2001, is a counter-example to solutions to the Liar that restrict the use or definition of semantic predicates. Pinocchio’s nose grows if and only if what he is stating is false, and Pinocchio says ‘My nose is growing’. In this statement, ‘is growing’ has its normal meaning and is not a semantic predicate. If Pinocchio’s nose is growing it is because he is saying something false; otherwise, it is not growing. (...) ‘Because’ stands here for a non-semantic relation; it might be supposed to be causal or of some other nature, but it is not semantic. The paradox is discussed in relation to Tarski’s and Kripke’s theories of truth. Although the paradox is not necessarily a counter-example to a theory of a truth predicate, it is a problem for a theory of truth of the kind preserved by validity. (shrink)

In this article, it is argued that cosmopolitans should elucidate the qualities and dispositions, or ‘virtues’, associated with the ideal of cosmopolitan citizenship. Bryan Turner's suggestion that cosmopolitan virtue should be identified as a type of ‘Socratic irony’, which enables individuals to achieve distance from their homeland or way of life, is explored. While acknowledging the attractions of his account, certain limitations which indicate the need to generate a richer theory of cosmopolitan virtue are identified. To that end, an alternative (...) picture of cosmopolitan virtue is presented by drawing on Hannah Arendt's ideas of ‘world’ and ‘worldliness’. It is argued that cosmopolitan virtue involves the adoption of a self-reflexive mode of being in the world, the cultivation of a heightened care or feeling for the world, and the ability to adopt certain skills in the manner of our disclosures to the world. (shrink)

Psychotherapy helps one enact ideas about a good life, and therapists practice orientations rooted in their chosen approach. A 'good life' can therefore mean different things depending on the therapy. Building on the philosophy of Charles Taylor, Smith examines the link between therapy, ethics and the root of therapeutic views in comparison to modern, Western ideas about 'living well'. This is one of two complementary volumes. This volume builds on the last to explore what it means to engage the (...) different ethics of different therapies by offering a deeper explication of therapeutic ethics. Utilizing Taylor's work on practical reasoning, Smith explores topics like the nature of the ethical argument, the role of ethical intuitions and the value of framing ethical debate as ongoing dialogue. He applies this to therapeutics ethics to show how vital it is to consider the ethical proposals that are present in current theories and practices in order to understand the psychotherapies. A key text for upper level undergraduate, postgraduate students and professionals in the field of psychotherapy, psychoanalysis, theoretical psychology and philosophy of the mind. (shrink)

In Plato’sStatesman, the Eleatic Stranger leads Socrates the Younger and their audience through an analysis of the statesman in the service of the interlocutors’ becoming “more capable in dialectic regarding all things” (285d7). In this way, the dialectical exercise in the text is both intrinsically and instrumentally valuable, as it yields a philosophically rigorous account of statesmanship and exhibits a method of dialectical inquiry. After the series of bifurcatory divisions in theSophistand earlyStatesman, the Stranger changes to a non-bifurcatory method of (...) dividing to account for the statesman, but does not explain the reason for this change. I argue that the change is prepared by the elements discussed in the digression from 277a2 to 287b2. Here the Stranger makes use of four concepts that are crucial for understanding this change: the notion ofparadigm, the paradigms ofcareandthe weaver, and the notion ofdue measure. I claim that the notion of paradigm clarifies the nature of dialectical inquiry, care and weaving act as paradigms appropriate to dialectical practice, and an account of due measure offers insight into the constitutive ratios that govern the structuring of kinds pursued through dialectical inquiry. I suggest that the non-bifurcatory method is intended to articulate knowledge in the strictest sense, or knowledge of the forms, presenting a method of inquiry into being and its structure that will foster the turning of the soul from things to forms that Socrates describes in theRepublic. (shrink)

A missed phone call. A misheard word. An inaudible noise. All these can make the difference between life and death. Failures to listen are frequently at the root of the marginalization and exclusion of certain forms of life. Audibility decides livability. Shattering Biopolitics elaborates for the first time the intimate and complex relation between life and sound in recent European philosophy, as well as the political stakes of this entanglement. Nowhere is aurality more pivotal than in the dialogue between biopolitical (...) theory and deconstruction about the power over and of life. Closer inspection of these debates reveals that the main points of contention coalesce around figures of sound and listening: inarticulate voices, meaningless sounds, resonant echoes, syncopated rhythms, animal cries, bells, and telephone rings. Shattering Biopolitics stages a series of "over-hearings" between Jacques Derrida and Giorgio Agamben who often mishear or completely miss hearing in trying to hear too much. Notions of power and life are further diffracted as Hélène Cixous, Catherine Malabou, and Jean-Luc Nancy join in this high-stakes game of telephone. This self-destructive character of aurality is akin to the chanciness and risk of death that makes life all the more alive for its incalculability. Punctuating the book are a series of excurses on sound-art projects that interrogate aurality's subordination and resistance to biopower from racialized chokeholds and anti-migrant forensic voice analysis to politicized speech acts and activist practices of listening. Shattering Biopolitics advances the burgeoning field of sound studies with a new, theoretically sophisticated analysis of the political imbrications of its object of inquiry. Above all, it is sound's capacity to shatter sovereignty, as if it were a glass made to vibrate at its natural frequency, that allows it to amplify and disseminate a power of life that refuses to be mastered. (shrink)

Teaching research methods is especially challenging because we not only wish to convey formal knowledge and encourage critical thinking, as with any course, but also to enable our students dream up meaningful research projects, translate them into logical steps, conduct the research in a professional manner, analyze the data, and write up the project in APA style. We also wish to spark interest in the topics of research papers, and in the intellectual challenge of creating a research report, but we (...) have learned just how difficult these goals can be from teaching undergraduates and from serving as journal reviewers: many submissions contain flaws such as elementary errors of logic (e.g., using a null control condition instead of a placebo or dummy treatment), tangled statistics, a lack of graphs, and ungrammatical, unclear writing that violates APA rules. Yet these manuscripts are written by university faculty, often with doctorates and years of experience. Even published papers may contain egregious faults (Standing & McKelvie, 1986). And although we have both published widely, we still hone our skills. It requires optimism to expect that a typical undergraduate will do better, on the basis of just a year or two of studies in psychology. In this paper, we describe a systematic set of methodology courses and two specific practices that we think can help. Methodology Courses as the Backbone of our Psychology Program How can methodology courses promote undergraduate involvem... (shrink)

How is music implicated in the politics of belonging? Provocatively fusing recent European philosophy with music theory, Music and Belonging explores the instrumental music of Haydn, Mozart, and Beethoven, reveals connections between listening and constructions of community, and testifies to Classical music's enduring political significance in an age of neoliberal exclusion.

Abstract:The term “soul” is found throughout John Dewey’s work, particularly when discussing self-realization and meaningfulness. Soul can be easily associated with religious connotations, and yet it is well accepted that he did not imply such. So, then, what did he mean? In his early writings, he shifted away from theologically inspired language and toward a conception composed in naturalized terms. This, no doubt, can be confusing to uninitiated readers. While extensive analyses have been written on his philosophy of spirit and (...) metaphysics, they can leave one wondering: what is a conception of soul that is consistent with Dewey’s philosophy of experience and education, and how might it be made accessible to students in teacher preparation programs? The key for understanding this concept exists in his early work, but the characteristics need to be drawn out so they can be read more clearly into his later works. This article provides an analysis of (1) four of his early works and (2) scholarly explications on the subject in order to lay a framework for a Deweyan conception of soul as conceived within the individual, psycho-physiological makeup. (shrink)

When we from what may be called Aristotle's Cosmology turn to his work traditionally called the Metaphysics, we are faced with something—an inquiry or doctrine—of a surprisingly different character. There what we find is the exposition of a sort or degree of knowledge superior to that of the Sciences. This is what we call his metaphysics, but he does not so name it; he names it Wisdom, or Theoretical Wisdom. At times he calls it First Philosophy, or, again, Theology. It (...) is par excellence knowledge, the consummate achievement of theoretic or cognitive power. It is the supreme Science, scientia scientiarum. Of what is it knowledge? It is knowledge not about, but of, whatsoever is real, really real, and of its universal and necessary attributes. The latter are distinct from one another, and from that to which they indissolubly belong, and metaphysics apprehends all this in its distinctions and interconnections. Further, it is a knowledge of itself, a knowledge of knowledge, and so a Wissenschaftslehre, or“super-Logic.” Finally, it is knowledge commensurate with the real Universe as a whole, so that nothing which is genuinely a part of that escapes its view. (shrink)

This important contribution to the ground-breaking Radical Orthodoxy series revisits the works of Husserl, Heidegger, Augustine and Derrida to reconsider the challenge of speaking of God through predication, silence, confession and praise. James K. A. Smith argues for God's own refusal to avoid speaking as well as for our urgent need of words to make Him visible to us. This leads to a radical new "incarnational phenomenology" in which God's love endows imperfect signs with the means to indicate true (...) states of infinitude, and in which we may ultimately discover a new theology of the arts. (shrink)

In the first part of the paper I consider the relative neglect of hope in the tradition of critical theory. I attribute this neglect to a low estimation of the cognitive, aesthetic, and moral value of hope, and to the strong—but, I argue, contingent—association that holds between hope and religion. I then distinguish three strategies for thinking about the justification of social hope; one which appeals to a notion of unfulfilled or frustrated natural human capacities, another which invokes a providential (...) order, and a third which questions the very appropriateness of justification, turning instead to a notion of ungroundable hope. Different senses of ungroundable hope are distinguished and by way of conclusion I briefly consider their relevance for the project of critique today. (shrink)

In his interesting discussion of Mr. C. B. Martin's Mind article “A Religious Way of Knowing,” Mr. W. D. Glasgow ;“Knowledge of God”), agrees with Martin that emotions and feelings are part of what we call an aesthetic experience, and also that emotions and feelings are part of what we call a religious experience. “In this sense, at any rate,” Glasgow writes, “there is an analogy between aesthetic experience and religious experience. But...” he goes on, “are aesthetic statements more than (...) statements about emotions and feelings? Are statements about religious experience anything more than statements about emotions and feelings? A person could accept the analogy and yet maintain that for him aesthetic judgments have an objective reference. In this case the analogy confirms rather than destroys the existential claim of the theologian.”. (shrink)

Published as "Useful Lessons from California" in Quadrant Magazine, Volume 50, October 2006. An edited version appears in the Australian newspaper's Higher Education Supplement, as "The Model of Achievement," November 1, 2006.

In the entrance hall of our family house in Leamington Spa stands a slender Regency style table of noble wood and fine proportions. It suits the house, which dates from 1828, perfectly. Few visitor...

How can we take history seriously as real and relevant? Despite the hazards of politically dangerous or misleading accounts of the past, we live our lives in a great network of cooperation with other actors; past, present, and future. We study and reflect on the past as a way of exercising a responsibility for shared action. In each of the chapters of Full History Smith poses a key question about history as a concern for conscious participants in the sharing (...) of action, starting with “What Is Historical Meaningfulness?” and ending with “How Can History Have an Aim?” Constructing new models of historical meaning while engaging critically with perspectives offered by Ranke, Dilthey, Rickert, Heidegger, Eliade, Sartre, Foucault, and Arendt, Smith develops a philosophical account of thinking about history that moves beyond postmodernist skepticism. Full History seeks to expand the cast of significant actors, establishing an inclusive version of the historical that recognizes large-scale cumulative actions but also encourages critical revision and expansion of any paradigm of shared action. (shrink)

Michael Hornsby-Smith offers an overview of Catholic social thought particularly in recent decades. While drawing on official teaching such as papal encyclicals and the pastoral letters of bishops' conferences, he takes seriously the need for dialogue with secular thought. The 2006 book is organized in four stages. Part I outlines the variety of domestic and international injustices and seeks to offer a social analysis of the causes of these injustices. Part II offers a theological reflection on the characteristics of (...) the kingdom of God which Christians are urged to seek. Part III reviews Catholic social thought in six main areas: human rights, the family and bioethical issues, economic life, social exclusion, authentic development, and war and peace. Part IV completes the cycle with a consideration of appropriate social action responses to the injustices which the author has identified and analysed. (shrink)

Semantic Scholar extracted view of "Space-Shaping Technologies and the Geographical Disembedding of Place" by Jonathan Smith.