How can you steal something that doesn’t exist? This question confronts those of us who take an irrealist view of virtual objects and agree with the Supreme Court of the Netherlands that robbery took place when two boys used non-virtual violence to coerce a third boy into relinquishing his virtual amulet and mask. Here we outline this Puzzle of Virtual Theft, along with the closely related Puzzle of Virtual Value. After demonstrating how these puzzles are deeply problematic for the (...) irrealist, we go on to sketch a solution that not only circumscribes the puzzles but also offers a framework by which legal scholars can make sense within existing legal codes of the new phenomenon of virtual theft. (shrink)

Although some doctors celebrated when the Court of Appeal overturned Hadiza Bawa-Garba’s erasure from the medical register, it is argued here that in many ways the ruling is by no means good news for the medical profession. Doctors’ interests are served by transparent professional tribunals but the Court of Appeal’s approach to the GMC Sanctions Guidance risks increasing opacity in decision-making. Close attention to systemic factors in the criminal trial protects doctors yet the Court of Appeal states (...) that the structural circumstances surrounding Bawa-Garba’s failings were only of peripheral relevance to her conviction. Public confidence in the profession is undermined when convicted doctors return to work because the public de facto do not understand the nuance of gross negligence manslaughter law. Rather than changing the law to make the regulator more lenient towards doctors, it would be better to ensure that doctors are only convicted of gross negligence manslaughter when their conduct is so serious that they ought to be struck off. (shrink)

Katie Watson (2022) writes that “If the Supreme Court shifts the question of legality in whole or in part to state legislatures, the ethics of abortion will become an even more intense subject of debate in public, academic, and clinical realms. Therefore, this is the moment for all bioethicists to strengthen our teaching, thinking, and writing in abortion ethics” (emphasis added). . . Persuading broader audiences that ethicists might be able to help advance pro-choice causes is thereby essential to (...) implementing Watson’s suggestion that bioethicists get more engaged. What good ethicists might do depends on others taking advantage of what they have to offer: that this would need to happen is my focus here. (shrink)

Two professionals who treated Jack Adcock before his death were convicted of gross negligence manslaughter, receiving 24-month suspended sentences. His nurse, Isabel Amaro, was erased from the nursing register; but after reviews in the High Court and Court of Appeal, his doctor, Hadiza Bawa-Garba, was merely suspended. This article explores the proposition that nurses are at greater risk of erasure than doctors after gross negligence manslaughter through a close reading of the guidance for medical and nursing tribunals informed (...) by analysis from the High Court and Court of Appeal in the Bawa-Garba cases. Examination of the relevant sections of the guidance for medical and nursing tribunals reveals no significant differences. An outline of the conduct that amounted to breach of duty of care by Amaro and Bawa-Garba shows that their conduct could satisfy the thresholds for erasure given in their professions’ respective guidelines for tribunals. Both presented similar mitigating evidence, although this cannot be weighed heavily in a professional tribunal setting. Thus, Amaro was treated more harshly than Bawa-Garba without a simple explanation. However, I suggest that the Nursing and Midwifery Council’s Conduct and Competence Committee made a mistaken ‘presumption of erasure’ for gross negligence manslaughter and misinterpreted the sway that sentencing remarks should hold over tribunals. Both of these types of error were criticised by the Court of Appeal in Bawa-Garba. Furthermore, the Conduct and Competence Committee did not flesh out its analysis of ‘public confidence’ or acknowledge Lord Hoffmann’s caution against ending ‘useful’ careers for the sake of public confidence, but Bawa-Garba’s legal team ensured these arguments were taken into account by the Medical Professional Tribunal. The Conduct and Competence Committee’s failures are not inherent to Nursing and Midwifery Council procedure or policy. Rather Amaro’s self-representation appears to have impaired her access to justice. Tribunals must accept their right, and responsibility, to reach their own conclusions. (shrink)

In mid-2019, the controversy regarding South African runner Caster Semenya’s eligibility to participate in competitions against other female runners culminated in a Court of Arbitration for Sport judgement. Semenya possessed high endogenous testosterone levels (arguably a performance advantage), secondary to a disorder of sexual development. In this commentary, Aristotelean teleology is used to defend the existence of ‘male’ and ‘female’ as discrete categories. It is argued that once the athlete’s sex is established, they should be allowed to compete in (...) the category of their sex without obligatory medical treatment. Indeed, other athletes who possess advantageous genetic or phenotypic traits that fall outside of the human norm have been allowed to compete as humans without restraint. In both cases, if an athlete possesses the essential attributes of being a human or being male or female they should be permitted to compete in those respective categories; athletes’ eligibilities should not be based upon accidental attributes. (shrink)

Fredegisus of Tours was an Anglo-Saxon scholar who studied under Alcuin of York and later served at the court of Charlemagne. Although he was apparently well respected by his peers, specific details concerning his life are scarce. His only surviving work is a brief epistle entitled De Nihil et Tenebris. This article provides a new translation of the letter, based on Migne 1851 edition, along with biographical information about its author, a brief critical history of the text, and a (...) commentary on Fredegisus’s significance in the history of Western philosophy. The author argues, against extant critical accounts, that Fredegisus evinces a much higher level of philosophical sophistication than is usually attributed to him. This is evidenced by certain crucial similarities between the De Nihil and Augustine’s De Magistro, as well as the decidedly Platonic overtones of Fredegisus’s doctrine of nothingness. (shrink)

This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading up to the Kelo decision. This paper will first provide an overview of the field (...) of semiotics, describing the prevailing thought and the methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental change in the meaning of the sign/expression “public use.”. (shrink)

Are properties perfectly natural (or not) relative to worlds, or are they perfectly natural (or not) tout court? That is, could there be a property P that is instanti-ated at worlds w1 and w2, and is perfectly natural at w1 but not at w2? Here, we offer an original argument for the non-world-relativity of perfect naturalness. Along the way, we reply to a prima facie compelling argument for the contin-gency of perfect naturalness, based upon the connection between natural prop-erties (...) and laws of nature. (shrink)

Context Opioid treatment agreements (OTAs) are documents that clinicians present to patients when prescribing opioids that describe the risks of opioids and specify requirements that patients must meet to receive their medication. Notwithstanding a lack of evidence that OTAs effectively mitigate opioids’ risks, professional organizations recommend that they be implemented, and jurisdictions increasingly require them. We sought to identify the jurisdictions that require OTAs, how OTAs might affect the outcomes of lawsuits that arise when things go wrong, and instances in (...) which the law permits flexibility for clinicians and health care institutions to adopt best practices. -/- Methods We surveyed the laws and regulations of all 50 states and the District of Columbia to identify which jurisdictions require the use of OTAs, the circumstances in which OTA use is mandatory, and the terms OTAs must include (if any). We also surveyed criminal and civil judicial decisions in which OTAs were discussed as evidence on which a court relied to make its decision to determine how OTA use influences litigation outcomes. -/- Findings Results show that a slight majority (27) of jurisdictions now require OTAs. With one exception, the jurisdictions’ requirements for OTA use are triggered at least in part by long-term prescribing. There is otherwise substantial variation and flexibility within OTA requirements. Results also show that even in jurisdictions where OTA use is not required by statute or regulation, OTA use can inform courts’ reasoning in lawsuits involving patients or clinicians. Sometimes, but not always, OTA use legally protects clinicians from liability. -/- Conclusions -/- Our results show that OTA use is entwined with legal obligations in various ways. Clinicians and health care institutions should identify ways for OTAs to enhance clinician–patient relationships and patient care within the bounds of relevant legal requirements and risks. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement (...) constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should (...) be released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s (...) personhood. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

This essay examines the Kastner trial and the Eichmann trial as constitutive moments in the development of Israeli collective identity. This aspect of the trials is explored by comparing the intervention of two intellectuals, Nathan Alterman and Hannah Arendt, in the two trials respectively. Both social critics challenged the terms of the collective identity that was reinforced by the trials. During the Kastner trial, the Israeli poet Alterman set out to challenge the "two paths" conception of heroism and cowardice (...) that shaped the court's - and society's - understanding of the Holocaust. The first part of the essay examines Alterman's critical intervention and the public controversy that followed in its wake. In the second part, I examine Arendt's criticism of the Eichmann trial as an attempt to construct Israeli collective identity around opposition to the demonic Nazi In this context, I discuss the famous controversy between Arendt and Gershom Scholem over the terms of her criticism. The two episodes come together in the third part of the essay, where I discuss the surprising continuities and affinities between the controversies. The two controversies offer a fascinating tale about the role of the law in the construction of collective identities and the role of the social critic in the development of a liberal society. (shrink)

A key question has been underexplored in the literature on conscientious objection: if a physician is required to perform ‘medical activities,’ what is a medical activity? This paper explores the question by employing a teleological evaluation of medicine and examining the analogy of military conscripts, commonly cited in the conscientious objection debate. It argues that physicians (and other healthcare professionals) can only be expected to perform and support medical acts – acts directed towards their patients’ health. That is, physicians cannot (...) be forced to provide or support services that are not medical in nature, even if such activities support other socially desirable pursuits. This does not necessarily mean that medical professionals cannot or should not provide non-medical services, but only that they are under no obligation to provide them. (shrink)

This article presents and discusses one of the most prominent inferential strategies currently employed in cognitive neuropsychology, namely, reverse inference. Simply put, this is the practice of inferring, in the context of experimental tasks, the engagement of cognitive processes from locations or patterns of neural activation. This technique is notoriously controversial because, critics argue, it presupposes the problematic assumption that neural areas are functionally selective. We proceed as follows. We begin by introducing the basic structure of traditional “location-based” reverse inference (...) and discuss the influential lack of selectivity objection. Next, we rehearse various ways of responding to this challenge and provide some reasons for cautious optimism. The second part of the essay presents a more recent development: “pattern-decoding reverse inference”. This inferential strategy, we maintain, provides an even more convincing response to the lack of selectivity charge. Due to this and other methodological advantages, it is now a prominent component in the toolbox of cognitive neuropsychology. Finally, we conclude by drawing some implications for philosophy of science and philosophy of mind. (shrink)

The Substituted Judgment Standard for surrogate decision-making dictates that a surrogate, when making medical decisions on behalf of an incapacitated patient, ought to make the decision that the patient would have made if the patient had decisional capacity. Despite its intuitive appeal, however, SJS has been the target of a variety of criticisms. Most objections to SJS appeal to epistemic difficulties involved in determining what a patient would have decided in a given case. In this article, I offer an alternative (...) standard for surrogate decision-making that avoids these difficulties. I then offer an account of its theoretical underpinnings which shows that it preserves the central moral justification for SJS, namely, respect for patient autonomy. (shrink)

This essay examines the relation between causation and causal explanation. It distinguishes two prominent roles that causes play within the sciences. On the one hand, causes may work as metaphysical posits. From this standpoint, mainstream in contemporary philosophy, causation provides the ‘raw material’ for explanation. On the other hand, causes may be conceived as explanatory postulates, theoretical hypotheses lacking any substantial ontological commitment. This unduly neglected distinction provides the conceptual resources to revisit longstanding philosophical issues, such as overdetermination and causal (...) pluralism. It also inspires a provocative reframing of Russell’s famous, if notoriously elusive, remarks on the nature of causation. (shrink)

In this candid autobiographical essay, Nathan Salmon recounts and assesses the impact of various philosophers and events on his philosophical development.

This book develops a rights-based theory of justice that maintains that genuine repentance creates a right to be forgiven. Examining the nature of rights and theological conceptions of forgiveness, the author shows why such a right is nonrepugnant and produces the most just state of affairs for victims and wrongdoers.

Au terme d'une longue recherche en quête du sens de l'art et de son mystère au coeur de nos vies, ce bref essai voudrait revenir sur le point central de jointure entre apparence et apparition qu'on peut désigner sous l'expression de manifestation esthétique. Interrogation ultime que soulève tout grand créateur d'une oeuvre d'art digne de ce nom, à savoir porteuse d'un contenu de vérité authentique. Ainsi du doute de Cézanne hanté au dire de Merleau-Ponty par le soupçon de l'échec de (...) la peinture à conjurer l'illusion des images - ou encore de l'angoisse de Schoenberg à la poursuite d'une musique qui soit espérance messianique (ce que J S Bach déjà avait poursuivi au sommet toute sa vie). Question éminemment philosophique méditée depuis toujours par les plus grands penseurs. Ainsi, au confluent du néo-platonisme et du christianisme, la lecture augustinienne de Plotin ; en plein âge baroque, l'analyse kantienne décisive du sublime au principe de l'imagination esthétique, et, à l'aurore de notre modernité du XXe siècle, l'invocation de Walter Benjamin à "l'aura, l'unique apparaître d'un lointain". (shrink)

Odtworzenie założeń antropologicznych filozofii historii i wolności ludzkiej Merleau-Ponty'ego możliwe jest jedynie w konfrontacji z myślą Husserla i stanowiskami strukturalistycznymi. Merleau-Ponty polemizuje z francuską orientacją neokantowską. Orientacja ta tak określa podstawową kategorię a priori, iż pojawia się na jej gruncie nieprzezwyciężalny dualizm ja transcendentalnego i ja empirycznego, ja myślącego i obiektu myśli. Krytykując neokantyzm, Merleau-Ponty znajduje się pod silnym wpływem Husserla. Husserl proponuje nowe spojrzenie na "temat transcendentalności", głębsze od Kantowskiego. Kant nie potrafił przezwyciężyć "kryzysu nauki europejskiej" interpretując Galileuszowską wizję (...) matematyzacji natury Jako aprioryczną strukturę podmiotu ludzkiego. Nie udało się odsłonić duchowych źródeł nowożytnego traktowania natury, jego sensu dla człowieka. Brak również u autora "Krytyki czystego rozumu" obecności problematyki bezwzględnego pierwszeństwa prerefleksyjnego kontaktu z bytem. Husserl uwyraźnia potrzebę skonstruowania bardziej radykalnej, tj. bliższej realnych źródeł ludzkiego istnienia, wersji a priori (aprioryzmu). Opiera się on na podstawowym założeniu priorytetu tego, co przeżyte prerefleksyjnie w stosunku do syntezy naukowej. Prerefleksyjność posiada swą immanentną organizację, którą można utożsamić z językiem naturalnym. Wychodząc od prerefleksyjności przeżycia świata i naturalności języka można zbudować przejście od konkretności percepcji do idealności obiektu logiczno-naukowego. Właściwie określona kategoria a priori pozwala stworzyć nowy typ refleksji filozoficznej, który umożliwia zniesienie dualizmu ja transcendentalnego i ja empirycznego, i który można określić Jako "nieskończoną medytację". Pojawia się także możliwość potraktowania podmiotu ludzkiego już nie w perspektywie pozaczasowej aktywności konstytutywnej, formalizującej i syntetyzującej materiał dany z zewnątrz, lecz jako wszechstronnie aktywnego uczestnika sytuacji biosocjokulturowej. Jednakże w pełni twórcza kontynuacja poszukiwań fenomenologicznych Husserla przez Merleau-Ponty'ego jest możliwa dzięki zainteresowaniom strukturalizmem. Wykorzystanie myślenia strukturalistycznego jest u Merleau-Ponty'ego pochodną lektur teoretyków behawioryzmu, psychoanalizy i teorii postaci, dopełnionych lingwistyką strukturalną i etnosocjologią. Pojęcie struktury ma duży walor operacyjno-metodologiczny w naukach humanistycznych, a jej znaczenie dla filozofii wyraża się w tym, że jest ona "miejscem unaoczniania się sensu", zarazem narzędziem, jak i obiektem rozumienia. Operowanie strukturami umożliwia wyjście poza konstelację: podmiot-przedmiot, dominującą od Kartezjusza do Hegla. Pozwala także zobaczyć podmiot ludzki w świecie społeczno-historycznym, człowieka poprzez obecność w świecie i uspołecznienie poprzez człowieka. (shrink)

This paper takes the philosophical notion of suberogatory acts or morally permissible moral mistakes and, via a reinterpretation of a thought experiment from the medical ethics literature, offers an initial demonstration of their relevance to the field of medical ethics. That is, at least in regards to this case, we demonstrate that the concept of morally permissible moral mistakes has a bearing on medical decision-making. We therefore suggest that these concepts may have broader importance for the discourse on medical ethics (...) and should receive fuller consideration by those working the field. The focus of the discussion we present is on a particular thought experiment originally presented by Sulmasy and Sugarman. Their case formed the basis of an exchange about the moral equivalence of withdrawing and withholding life-saving treatment. The analysis Sulmasy and Sugarman set out is significant because, contrary to common bioethical opinion, it implies that the difference between withdrawing and withholding life-saving treatment holds, rather than lacks, moral significance. Following a brief discussion of rejoinders to Sulmasy and Sugarman’s article, we present a constructive reinterpretation of the thought experiment, one that draws on the idea of suberogatory acts or “morally permissible moral mistakes.” Our analysis, or so we suggest, accounts for the differing moral intuitions that the case prompts. However, it also calls into question the degree to which this thought experiment can be thought of as illustrating the moral equivalence of withdrawing and withholding life-saving treatment. Rather, we conclude that it primarily illuminates something about the ethical parameters of healthcare when family members, particularly parents, are involved in decision-making. (shrink)

Quel lien y a-t-il entre le style, qui exprime un rapport au monde, et la théologie qui engage un rapport à Dieu ? Ce lien a été très fort dans le passé. À travers Augustin et le Pseudo-Denys, la pensée néoplatonicienne transmet au Moyen Âge le thème de la lumière intelligible. L’univers médiéval s’appréhende comme un cosmos transfiguré par la lumière de Dieu qui s’irradie sur toutes choses. Les Sommes théologiques baignent dans ce même symbolisme lumineux. Cependant, la pensée scolastique, (...) sous l’influence de l’aristotélisme, prend une orientation divergente : le réalisme tend à séculariser la nature ; la clarté ne vient plus d'en haut, mais d'en bas, de l’objet : l’esthétique se détache du discours théologique, l'allégorie se libère du symbole en direction de l'imaginaire. Quel sens reconnaître à un tel cheminement marqué au sceau de notre modernité ? Un champ esthétique, devenu ainsi autonome, ne risque-t-il pas de se retrouver exclusivement voué aux jeux formels d’une fiction pure sur fond de néant de sens ? Non, car l'imaginaire exerce une « fonction métaphorique » et « ontologique » , qui ouvre vers un supplément de sens. Le style est une structure individualisante qui rend sensible, dans l’art, le jaillissement d'une vérité du monde qui se répète dans les diverses productions esthétiques d'une même aire culturelle. Un style peut donc être un « lieu théologique » porteur d'un certain rapport au sacré, au même titre que « trace séculière » de formes spirituelles les plus diverses. D’où l’éminente leçon de « L'art sacré » contemporain, attentif aux affinités, techniques et défis de la modernité et, partant, promis aux rencontres œcuméniques les plus enrichissantes.What connection is there between style that expresses a relationship with the world, and theology that engages a relationship with God ? This connection was very strong in the past. From Augustine and the Pseudo-Dionysius, Neoplatonic thought transmitted to the Middle Ages the theme of intelligible light. The medieval universe is understood as a cosmos transfigured by God’s light irradiating all things. Theological Summas bathe in the same luminous symbolism. Under Aristotelian influence, Scholastic thought, however, takes a divergent orientation : realism tends to secularize nature ; clarity does net come from on high, but below, from the object ; the aesthetic detaches itself from the theological discourse, allegory frees itself from the symbol in the direction of the imaginary. What meaning can be seen in such a path that is marked with the seal of our modernity ? Does not the aesthetic field, that has become autonomous, take the risk of finding itself exclusively dedicated to formal games of pure fiction on a background of meaninglessness ? No, for the imaginary exercises a « metaphorical » and « ontological » function that opens towards an increase of meaning. The style is a individualizing structure that renders sensitive, in art, the breaking out of a truth of the world that repeats itself in the diverse aesthetic productions of a same cultural space. A style can, therefore, be a « theological site » carrying a certain rapport to the sacred, and at the same time that « secular pathway » of the most diverse spiritual forms. From there comes the eminent lesson of contemporary « Sacred Art », attentive to the affinities, techniques, and challenges of modernity, and consequently, engaged to most enriching ecumenical encounters. (shrink)

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level (...) of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University. (shrink)

Intellectual humility is a concept in progress—philosophers and psychologists are in the process of defining and coming to understand what intellectual humility is and what place it has in our theories. Most accounts of intellectual humility build from work in virtue epistemology, the study of knowledge as the state that results when agents are epistemically virtuous (or, perhaps, the view that the proper object of study for epistemology is the intellectually virtuous agent). [...].

Introduction: The language of power, by H. D. Lasswell. Style in the language of politics, by H. D. Lasswell. Why be quantitative? By H. D. Lasswell.--Technique: The problem of validating content analysis, by I. L. Janis. The reliability of content analysis categories, by Abraham Kaplan and J. M. Goldsen. Recording and context units, four ways of coding editorial content, by Alan Grey, David Kaplan and H. D. Lasswell. The feasibility of the use of samples in content analysis, by Alexander Mintz. (...) The coefficient of imbalance, by I. L. Janis and Raymond Fadner.--Applications: Detection; propaganda detection and the courts, by H. D. Lasswell. Trend; May Day slogans in Soviet Russia, 1918-1943, by Sergius Yakobson and H. D. Lasswell. Interaction; the Third International on its change of policy, by Nathan Leites. Interaction; the response of communist propaganda to frustration, by Nathan Leites and I. de Sola Pool. (shrink)

Islam has come to be associated with hatred and terrorism, which has resulted in many thinking that Islam (and all Muslims) are fundamentally violent. Chaiwat Satha-Anand’s collection of revised essays featured in Nonviolence and Islamic Imperatives attempts to undermine such a narrative and reframe Islam in terms of peace and nonviolence. To achieve this goal, Satha-Anand argues that Islam’s core values require nonviolence and supports his argument by providing examples from the Prophet Muhammad and contemporary Muslims.

Our ability to think, argue and reason is determined by our ability to question. Questions are a vital component of critical thinking, yet we underestimate the role they play. Using Questions to Think puts questioning back in the spotlight. -/- Naming the parts of questions at the same time as we name parts of thought, this one-of-a-kind introduction allows us to see how questions relate to the definitions of propositions, premises, conclusions, and the validity of arguments. Why is this important? (...) Making the role of questions visible in thinking, reasoning, and dialogue, allows us to: -/- - Ask better questions - Improve our capability to understand an argument - Exercise vigilance in the act of questioning - Make explicit what you already know implicitly - Engage with ideas that contradict our own - See ideas in broader context -/- Breathing new life into our current approach to critical thinking, this practical, much-needed textbook moves us away from the traditional focus on formal argument and fallacy identification, combines the Kantian critique of reason with Hans-Georg Gadamer's hermeneutics and reminds us why thinking can only be understood as an answer to a question. (shrink)

Familiarity, so the saying goes, breeds contempt. But, why should familiarity breed such a negative thing as contempt, or other negative orientations? Walker Percy, it would seem, has a lot to say about human jadedness, sometimes through the very means by which we are meant to inhabit ontological intimacy. One may not care much about, say sparrows, but intuitively people seem jaded about something that matters to them in a deeper way. This chapter explores the personal or social sources of (...) jadedness: is it an individual problem only, or caused by broader cultural factors? I attempt to sketch an initial theory of jadedness, and then expand that theory by attending to Percy’s unique philosophical contributions. I will argue, that there are at least two types of jadedness—a narrow, domain-specific psychological type and a global, existential type—that share structural similarities such as volitional and epistemic inertia, an unsettled loss of meaning, a faulty assumption of epistemic completion or superiority, and a foreclosure of ontological possibilities. I then show how Percy uniquely integrates these two types of jadedness within a broader framework of what it means to be human. (shrink)

This edited collection of original essays explores the irreducible role of aesthetic forms of experience and activity in the philosophies of Walter Benjamin and Theodor W. Adorno.

Transnational politics and labor markets are undermining national industrial relations systems in Europe. This article examines the construction industry, where the internationalization of the labor market has gone especially far. To test hypotheses about di ferences between “national systems,” the authors examine the United Kingdom, Finland, and Germany, alongside European-level policy making. Regardless of overall national institutional framework, employers seek to avoid industrial relations rules, while unions attempt to relocalize labor relations. Both use shop-floor, national, and European power resources. The (...) authors argue that comparative industrial relations should take seriously the connection between action at the national and transnational levels. (shrink)

How should one define “atheism”? The first response to such a question might be: “look it up in the dictionary”. The dictionary in question is, as Rosamund Moon has cleverly put it, the “Unidentifi...

This paper defends an interpretation of Gottlob Frege’s views on the structure of thought. I argue that Frege did not think that a thought has a unique decomposition into its component senses, but rather the same thought can be decomposed into senses in multiple, distinct ways. These multiple decompositions will often have distinct logical forms. I also argue against Michael Dummett and others that Frege was committed to the sense of a predicate being a function from the sense of a (...) name (or names) to a complete thought. I defend my Frege interpretation against a puzzle often discussed in the Frege literature; namely, that the Multiple Decompositions Thesis is incompatible with Frege’s stated view that a thought is built up out of its component senses as parts. I provide textual evidence and argument that Frege thought of the part/whole relation in such a way that a whole can be analyzed into (or built up out of) parts in multiple, distinct ways, thus dissolving the puzzle. I conclude with discussion of every sort of example of multiple decompositions that can be found in Frege's work. (shrink)

Introduction. Rest and motion. Stability and progress.--The meaning of justice. The science of values.--The equilibration of interests. Cause and effect. The individual and society. Liberty and government.--Liberty and government. Conclusion.