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.

On the Origin of Objects is the culmination of Brian Cantwell Smith's decade-long investigation into the philosophical and metaphysical foundations of computation, artificial intelligence, and cognitive science. Based on a sustained critique of the formal tradition that underlies the reigning views, he presents an argument for an embedded, participatory, "irreductionist," metaphysical alternative. Smith seeks nothing less than to revise our understanding not only of the machines we build but also of the world with which they interact. Smith's (...) ambitious project begins as a search for a comprehensive theory of computation, able to do empirical justice to practice and conceptual justice to the computational theory of mind. A rigorous commitment to these two criteria ultimately leads him to recommend a radical overhaul of our traditional conception of metaphysics. Everything that exists - objects, properties, life, practice - lies Smith claims in the "middle distance," an intermediate realm of partial engagement with and partial separation from, the enveloping world. Patterns of separation and engagement are taken to underlie a single notion unifying representation and ontology: that of subjects' "registration" of the world around them. Along the way, Smith offers many fascinating ideas: the distinction between particularity and individuality, the methodological notion of an "inscription error," an argument that there are no individualswithin physics, various deconstructions of the type-instance distinction, an analysis of formality as overly disconnected ("discreteness run amok"), a conception of the boundaries of objects as properties of unruly interactions between objects and subjects, an argument for the theoretical centrality of reference preservation, and a theatrical, acrobatic metaphor for the contortions involved in the preservation of reference and resultant stabilization of objects. Sidebars and diagrams throughout the book help clarify and guide Smith's highly original and compelling argument. A Bradford Book. (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)

The aim of this article is to examine some of the consequences of the recent advances in neurobiology in terms of the ability of drugs to manipulate the mind. Most laymen are totally ignorant of the general mechanism underlying the brain-mind relationship and therefore of the action of mind-altering drugs. Professor Grahame-Smith considers that one of the intrinsic evils of man's neurobiological make up is that a prime motive of the brain seems to be to bring comfort, security and (...) pleasure for itself. Therefore it is not surprising that drugs - notably the barbiturates and more recently the benzodiazepines (tranquilizers) - have been prescribed to give to the brain that peace of mind that it seeks. However, it can be argued that such drugs cannot replace anxiety with peace of mind or unhappiness or depression with happiness. The action of such drugs upon the molecules of the brain is negative - a placebo effect. (shrink)

Formal methods developed for modeling levels of selection problems have recently been applied to the investigation of major evolutionary transitions. We discuss two new tools of this kind. First, the ‘near-variant test’ can be used to compare the causal adequacy of predictively equivalent representations. Second, ‘state-variable gestalt-switching’ can be used to gain a useful dual perspective on evolutionary processes that involve both higher and lower level populations.

The most powerful lesson learned from the 2013-2016 outbreak of Ebola in West Africa was that we do not learn our lessons. A common sentiment at the time was that Ebola served as a “wake-up call”—an alarm which signalled that an outbreak of that magnitude should never have occurred and that we are ill-prepared globally to prevent and respond to them when they do. Pledges were made that we must learn from the outbreak before we were faced with another. Nearly (...) five years later the world is in the grips of a pandemic of the severe acute respiratory syndrome coronavirus 2 that causes coronavirus disease 2019. It is therefore of no surprise that we are now yet again hearing that the COVID-19 pandemic serves as the “wake-up call” we need and that there are many lessons to be learned to better prepare us for future outbreaks. Will anything be different this time around? We argue that nothing will fundamentally change unless we truly understand and appreciate the nature of the lessons we should learn from these outbreaks. Our past failures must be understood as moral failures that offer moral lessons. Unless we appreciate that we have a defect in our collective moral attitude toward remediating the conditions that precipitate the emergence of outbreaks, we will never truly learn. (shrink)

Do consumers’ ordinary actions of purchasing certain goods make them complicit in global labour injustice? To establish that they do, two things much be shown. First, it must be established that they are not more than complicit, for example that they are not the principal perpetrators. Second, it must be established that they meet the conditions for complicity on a plausible account. I argue that Kutz’s account faces an objection that makes Lepora and Goodin’s better suited, and defend the idea (...) that consumers are complicit in at least two of the ways distinguished by the latter. In the final section of the paper, I consider whether consumers’ responsibility for complicity in global labour injustice is likely to be as strong as responsibility from another source, namely benefiting from that injustice. (shrink)

I look back at my 1996 book Complexity and the Function of Mind in Nature, responding to papers by Pamela Lyon, Fred Keijzer and Argyris Arnellos, and Matt Grove.

Phenomenology is the general study of the structure of experience, from thought and perception, to self-consciousness, bodily-awareness, and emotion. It is both a fundamental area of philosophy and a major methodological approach within the human sciences. Experiencing Phenomenology is an outstanding introduction to phenomenology. Approaching fundamental phenomenological questions from a critical, systematic perspective whilst paying careful attention to classic phenomenological texts, the book possesses a clarity and breadth that will be welcomed by students coming to the subject for the first (...) time. Accessibly written, each chapter relates classic phenomenological discussions to contemporary issues and debates in philosophy. The following key topics are introduced and explained: the methodological foundations of phenomenology intentionality as the ‘mark of the mental’ and the problem of non-existent objects perceptual experience, including our awareness of things, properties, and events the experience of body, self, and others imaginative and emotional experience detailed discussions of classical phenomenological texts, including: Brentano's _Psychology from an Empirical Standpoint _ Husserl's _Logical Investigations_, _Cartesian Meditations, _and On_ the Phenomenology of the Consciousness of Internal Time _ Heidegger’s _History of The Concept of Time,_ and _Being and Time _ Stein's _On the Problem of Empathy _ Sartre's _Transcendence of the Ego_, _Sketch for a Theory of the Emotions,_ and _The Imaginary _ Merleau-Ponty's Phenomenology of Perception. Also included is a glossary of key terms and suggestions for further reading, making this book an ideal starting point for anyone new to the study of phenomenology, not only in Philosophy but related disciplines such as Psychology and Sociology. (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...

The descriptions in the literature of mystical experience and psychedelic experience, such as that induced by LSD, are usually written by persons who have actually experienced only one or perhaps neither of the two states. Because many of the most important effects can be understood by direct experience but only partially described in ordinary language, such lack of direct experience is a major drawback. Since there is disagreement over the question of whether mystical experience and LSD experience can be ‘the (...) same’, it would be helpful if an individual who has experienced aspects of both states would compare them. One of the authors describes his experience with both states. A particular form of mystical experience, cosmic consciousness , occurred spontaneously; no mind altering drugs were used. ALS later took LSD on 12-15 occasions. Both states of consciousness involved alterations in time sense, subject/object boundary, cognition, mood and perception. However, the changes with CC were qualitatively and quantitatively different from those of LSD. The authors conclude that CC and LSD can be quite different states of consciousness, although we cannot completely rule out the possibility that psychedelics might sometimes induce the same kinds of mystical experiences that occur for non-drug reasons. (shrink)

BackgroundImplementation science research, especially when using participatory and co-design approaches, raises unique challenges for research ethics committees. Such challenges may be poorly addressed by approval and governance mechanisms that were developed for more traditional research approaches such as randomised controlled trials.DiscussionImplementation science commonly involves the partnership of researchers and stakeholders, attempting to understand and encourage uptake of completed or piloted research. A co-creation approach involves collaboration between researchers and end users from the onset, in question framing, research design and delivery, (...) and influencing strategy, with implementation and broader dissemination strategies part of its design from gestation. A defining feature of co-creation is its emergent and adaptive nature, making detailed pre-specification of interventions and outcome measures impossible. This methodology sits oddly with ethics committee protocols that require precise pre-definition of interventions, mode of delivery, outcome measurements, and the role of study participants. But the strict requirements of ethics committees were developed for a purpose – to protect participants from harm and help ensure the rigour and transparency of studies. We propose some guiding principles to help square this circle. First, ethics committees should acknowledge and celebrate the diversity of research approaches, both formally and informally ; without active support, their members may not understand or value participatory designs. Second, ground rules should be established for co-design applications and communicated to committee members and stakeholders. Third, the benefits of power-sharing should be recognised and credit given to measures likely to support this important goal, especially in research with vulnerable communities. Co-design is considered best practice, for example, in research involving indigenous peoples in New Zealand, Australia and Canada. (shrink)

Could Mark Antony have had all the properties of Julius Caesar and vice versa? This is a puzzle which was raised by N. L. Wilson, and I shall be concerned with it in Part I of this paper. The answer which we give to this puzzle has important implications for our notion of an identifiable individual. In Part II I examine some important consequences of accepting the coherence of a complete exchange of properties between two individuals—which we might call a (...) “biography-swap.” I argue that one consequence is to establish the inadequacy of some views about reference advocated, for example, by Russell and A. N. Prior. This leads on to a more general problem of how it is that concrete particulars are grasped as objects of thought; and in resolving this problem, I argue in Part III that demonstratives play a crucial role in reference to particulars. (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)

Reviews the book, Ethics and values in psychotherapy by Alan C. Tjeltveit . Many psychologists are aware of the ethical and inescapably value-laden nature of psychotherapy . Despite this awareness about values, however, much confusion persists about the nature and management of values in practice. Tjeltveit's text seeks to address such questions among many others. This fine book is one of the first works to comprehensively integrate the research regarding values inescapability with broader ethical theory and philosophy and its potential (...) impact on psychology. In his extensive review, Tjeltveit explores the meaning of "psychotherapist as ethicist," the varied definitions of values, the relationship between science and ethics, the ethical nature of therapy goals and practice, and implications of these issues for public philosophy and professional ethics . Tjeltveit's text is an extremely significant contribution to the discipline, because it is one of the first works to explicitly discuss the value-infused nature of psychotherapy and the consequences that this brings to individual practice, professional standards, and societal expectations. 2012 APA, all rights reserved). (shrink)

In his critique of the therapeutic, Taylor argues that therapy fails to engage with the ethical and spiritual significance of human suffering. Therapy’s denial of ethics is representative of a wide...

Recent research on consumer social responsibility highlights the need to examine psychological drivers of environmentally‐friendly consumption choices in a global context. This article investigates consumers’ willingness to pay (WTP) more for environmentally‐friendly products across 28 European Union (EU) countries, using a sample of 21,514 consumers. A multigroup structural equation modeling analysis reveals significantly different patterns and relationships, in how (a) subjective knowledge about the product's environmental impact, (b) environmental product attitudes, and (c) the perceived importance of the products’ environmental impact (...) influence consumers’ WTP more for environmentally‐friendly products across countries. The hypothesized model predicts WTP for 20 out of 28 countries and the findings show that a “one‐size‐fits‐all” approach is inadequate in capturing the heterogeneity of EU consumers. Hosfstede's cultural dimensions of uncertainty tolerance and individualism explain differences in WTP for environmentally‐friendly products across EU countries. Business, marketing communications, and policy making implications are discussed. (shrink)

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.