The first work to introduce Foucault's ideas on law to both graduates and undergraduates.

Throughout science and mathematics, expert inquirers often reformulate existing problem-solving procedures and theories. But what value is there to reformulating, particularly when one already knows how to solve a given problem? Is reformulating merely instrumentally valuable for other practical or epistemic aims, or does it constitute a distinctive kind of epistemic achievement? I argue that by changing what we need to know to solve a problem, significant reformulations constitute a kind of intellectual value. Whereas some reformulations are trivial notational variants, (...) a significant reformulation provides an inferentially distinct problem-solving plan. I situate my preferred position as a middle ground between deflationary and metaphysically-substantial alternatives. (shrink)

We argue that Hamiltonian mechanics is more fundamental than Lagrangian mechanics. Our argument provides a non-metaphysical strategy for privileging one formulation of a theory over another: ceteris paribus, a more general formulation is more fundamental. We illustrate this criterion through a novel interpretation of classical mechanics, based on three physical conditions. Two of these conditions suffice for recovering Hamiltonian mechanics. A third condition is necessary for Lagrangian mechanics. Hence, Lagrangian systems are a proper subset of Hamiltonian systems. Finally, we provide (...) a geometric interpretation of the principle of stationary action and rebut arguments for privileging Lagrangian mechanics. (shrink)

The Wigner--Eckart theorem is central to the application of symmetry principles throughout atomic, molecular, and nuclear physics. Nevertheless, the theorem has a puzzling feature: it is dispensable for solving problems within these domains, since elementary methods suffice. To account for the significance of the theorem, I first contrast it with an elementary approach to calculating matrix elements. Next, I consider three broad strategies for interpreting the theorem: conventionalism, fundamentalism, and conceptualism. I argue that the conventionalist framework is unnecessarily pragmatic, while (...) the fundamentalist framework requires more ontological commitments than necessary. Conceptualism avoids both defects, accounting for the theorem's significance in terms of how it epistemically restructures the calculation of matrix elements. Specifically, the Wigner--Eckart theorem modularizes and unifies matrix element problems, thereby changing what we need to know to solve them. (shrink)

Can mystics intuit something of what modern physicists calculate? And if so, how? The question of the relation between the classical mysticisms and modern science is approached in Part I in terms of the multiple forms and definitions of 'truth value'. Intuition/epiphany, pragmatism, coherence, and correspondence are considered as forms of truth that have also been proposed for unitive mystical experience. Since 'correspondence' or 'representation' has been the definition at the core of modern science, it in particular is approached by (...) combining Lakoff and Johnson on the roots of all abstract knowledge in physical metaphor and Gibson on the ecological array of perception as the template from which such metaphors must be drawn. A series of similarities between the maximally inclusive metaphors underlying unitive mystical experience and cosmological physics, as abstracted from an ecological array already resonant with multiple levels of physical reality, suggests a basis for the correspondence between these otherwise distinct cognitive domains. Part II extends this approach to widely posited cross cultural values of spiritual or mystical realization, in terms of gratitude, compassion, faith, and inner freedom. When fully embodied as forms of personal conduct, these are also ultimately derivable from the openness and flow patternings of the ecological array itself. The possibility that the more abstract spiritual values of the major world mysticisms exemplify not only revelatory and pragmatic forms of truth, but are also broadly correspondent with both the principles of immediate concrete perception and modern physics, may eventually allow a contemporary re- formulation of the microcosm-macrocosm unities basic to traditional cultures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 247-248 [Access article in PDF] Christ and Buddha: Weaving a Path for the New Millennium Thomas G. Hand, S.J.Mercy Center, Burlingame, CAThis dialogue conference/retreat was held at Mercy Center, Burlingame, CA, August 10-15, 1999. Well over the stated limit of 150 people joined a faculty of ten in presentations, discussions, sharing, meditation, and rituals. The conference was born primarily out of the personal and social (...) need for dialogue felt by Sandi Peters, who joined the program staff of Mercy Center after three years spent at Insight Meditation East, Barre, Massachusetts.Besides Peters as presider, the faculty members were: representing the Buddhist side--Nigel Edmonds (Mahayana and Christianity), Chris Phillips (Theravada), Ven. Thubten Chodron (Vajrayana), Rev. Heng Sure (Chinese Mahayana), and Patrick Thornton (Theravada and Christianity); representing the Christian side--Thomas G. Hand, S. J. (Catholic), Kevin Hunt, OCSO (Cistercian monk), Roshi Jinne Richardson (Zen and Christianity), and Rev. Shari Young (Episcopal and Zen).In a well-received keynote talk, Thomas Hand offered as the basis for the whole dialogue "The Primacy of Experience" in both traditions. The major themes were: (1st day) "The Challenges of Buddhist-Christian Dialogue," (2nd day) "The Language and Symbols of the Traditions," (4th day) "Weaving a Path for the New Millennium" as a joint venture of the two traditions together. On the third day, participants engaged in "Practice--East and West," including presentations geared toward practice both then and there and in the future.One marked difference between this conference and those that Mercy Center put on from 1985 to 1988 was the quality of the participants. In the earlier conferences, many were seekers and intellectual questioners. This year, besides such qualities, the participants were sincere practitioners. In fact, a great many were practicing in both traditions. They often classified themselves as Buddhist Christians or as Christian-root Buddhists. The greater depth of dialogue that has developed in less than fifteen years was clearly apparent. What is more, the sharing and insights of both Buddhist and Christian presenters seemed to have become increasingly relaxed, articulate, and vital. Their presentations were met with much deeper understanding and enthusiasm by all the participants. [End Page 247]Besides the presentations, participants deeply appreciated the chi kong and tai chi sessions, the daily meditation together, the day of practice, the tea ceremony, and the closing ritual. In a word, the conference was holistic dialogue.Those of dual practice were especially happy to find that they are not alone, that many are coming together to weave a new Path for the new millennium.Tapes are available. Contact Sandi Peters at (650) 340-7486.... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Thus Spake Howard Roark:Nietzschean Ideas in The FountainheadLester H. HuntIThe position I will be taking here will seem very peculiar to many people. I will be treating a novel as a discussion of the work of a philosopher—namely, Friedrich Nietzsche. Worse yet, I will be treating it as a discussion that is philosophically penetrating and deserves to be taken seriously. Still worse, the novel is Ayn Rand's early novel (...) The Fountainhead. I think it is safe to say that her reputation, among academics who discuss the works of philosophers, is very low. If the reader will only bear with me, though, I think I can make a case that Rand opens a line of inquiry about Nietzsche's ideas and values that is not only quite interesting in itself but one that ought to be pursued further by others.There has always been ample reason to associate Nietzsche with The Fountainhead.1 He is after all, the only philosopher who is more or less directly quoted in the book.2 Beyond that, Rand's novel has many other passages that students of Nietzsche instantly recognize as conscious references to him or deliberate echoes of his style. In addition, she revealed, in an introduction written for the twenty-fifth anniversary edition, that the following quotation from Beyond Good and Evil had originally stood at the head of the book when it was still in manuscript:It is not the works, but the belief which is here decisive and determines the order of rank to—employ once more an old religious formula with a new and deeper meaning—it is some fundamental certainty which a noble soul has about itself, something which is not to be sought, is not [End Page 79] to be found, and perhaps, also, is not to be lost—The noble soul has reverence for itself.—3She said, in the same introduction, that she removed the quotation (evidently, immediately before publication) for philosophical reasons, because of her "profound disagreement with the philosophy of its author." Nietzsche, she says, was fundamentally "a mystic and irrationalist," and even in this quotation, chosen for its content, insinuates a philosophical position that she regards as erroneous (namely, determinism). Even her statement of what she likes about this passage is rather constrained: "as a poet [ie., not as a philosopher], he projects at times (not consistently) a magnificent feeling for man's greatness, expressed in emotional, not intellectual terms."4It is of course true enough that Rand does disagree with Nietzsche, and for more or less the reasons that she suggests here, but it is also true that the passage she has quoted expresses some ethical themes—nobility, order of rank, the "pathos of distance," and (most obviously) the idea of self-reverence as a characteristic of the ethically good—which are at least as important in The Fountainhead as they are in Nietzsche's writings. Though Rand's spirited disclaimer serves to remind us of her deep differences with Nietzsche, the quotation itself suggests that there might be an interesting philosophical, not merely literary or emotional, connection between The Fountainhead and Nietzsche's ideas. What I would like to show here is that this connection merits a much closer look than it has ever been given heretofore. Not only is the presence of Nietzschean themes in Rand's novel deep and pervasive, but the book actually contains a very interesting and powerful internal critique of one of Nietzsche's most characteristic ideas, a criticism based in large part on values and assumptions that he shares. Before I can set out this critique, I will need to explore some of the positive thematic and philosophical connections.IIOne evening, rather late in the novel, Gail Wynand, the corrupt newspaper publisher and financier, surprises his wife, Dominique, with a present: he has had an architect design a house for them. The architect, she realizes with shock as she sees the drawings for the house, is her former lover, Howard Roark, a man with whom she is still in love. None of this is known to her husband, who innocently tells her that [End Page 80] Roark... (shrink)

This article takes issue with procedural reductionism, which is the inclination to reduce all matters of judgement and responsibility to the following of some procedure or rule. Two scenarios provide content for a discussion of professional discretion in the context of accountability. The author shows that in professional life there will always be situations that stand beyond the rules of procedures and require the unique judgement of the professional at the time. While this judgement may be determined by the facts (...) available in a situation of uncertainty, it cannot be reduced to the facts (including facts about rules and procedures). The moral judgement will still have an essential indeterminancy about it. (shrink)

Evil and Many Worlds is a free-will theodicy based upon Huw Everett III's 1957 many-worlds interpretation of quantum mechanics. The theodicy argues for a balance of good and evil across an emergent multiverse where free will—a greater good valued by both persons and God— flourishes.

The existential–phenomenological approach of the early Heidegger and Max Scheler to religion as an amplified empirical phenomenology of the human condition, combined with Heidegger’s specific derivation of his Daseins-analysis from the Christianity of Eckart, Paul, and Kierkegaard, is shown to be broadly congruent with the contemporary transpersonal psychology of higher states of consciousness, largely based on Eastern meditative traditions. This descriptive transpersonal psychology of a mystical core to all religions based on the direct experience of presence or Being, as developed (...) by Rudolf Otto and elaborated by Laski, Almaas, and others, is then applied to selected gospel narratives as a further step, past its beginnings in the early Heidegger and Rudolf Bultmann, toward a re-construction of specific numinous states in early Christianity. This derivation of facets of the numinous from their presumed doctrinal schematizations and/or amplifications places Christianity closer to the goals of the meditative traditions, and allows a more directly experiential understanding of doctrines of Christian redemption, loving compassion, and eternal life as amplifications of the phenomenology of the inner forms of ordinary here and now consciousness, within which they are already foreshadowed. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

Social, legal and health-care changes have created an increasing need for ethical review within end-of-life care. Multiprofessional clinical ethics committees (CECs) are increasingly supporting decision-making in hospitals and hospices. This paper reports findings from an analysis of formal summaries from CEC meetings, of one UK hospice, spanning four years. Using qualitative content analysis, five themes were identified: timeliness of decision-making, holistic care, contextual openness, values diversity and consensual understanding. The elements of an engaged clinical ethics in a hospice context is (...) not generally acknowledged nor its elements articulated. Findings from this study have the potential to explain some of the most challenging ethical problems and to contribute to their resolution. It may also guide future deliberation and raise CEC members' awareness of the recurrent issues and values of their CEC practice. (shrink)

Health care professionals who travel from their home countries to participate in humanitarian assistance or development work experience distinctive ethical challenges in providing care and services to populations affected by war, disaster or deprivation. Limited information is available about organizational practices related to preparation and support for health professionals working with non-governmental organizations. In this article, we present one component of the results of a qualitative study conducted with 20 Canadian health care professionals who participated in international aid work. The (...) findings reported here relate to expatriate clinicians’ experiences and perceptions of ethics preparation, training and support. The strategies examined include pre-departure training and preparation, in-field supports and retrospective debriefing of ethical issues. Participants experienced a range of training and supports as beneficial for addressing ethical challenges in humanitarian assistance and development work. Participants also expressed ambivalence or scepticism about the benefits offered by specific modalities. This analysis can contribute to informing discussions of how organizations and individual practitioners can best develop, implement and utilize ethics training and support for international aid work. (shrink)

Comtrary to general assumption, subjective reports of immediate ordinary consciousness and non-ordinary alterations of consciousness can provide unique evidence concerning the bases of the human symbolic capacity. Evidence from classical introspectionism, the meditative traditions, and descriptions of synaesthesias suggests that thought, rests on a cross-modal synthesis or fusion of the patterns from vision, audition, and touch-kinesthesis. This would provide a holistic, non-reductionist explanation of our capacity for reflective self awareness and recombinatory creativity. The approach is consistent with Geschwind's and Luria's (...) models of neocortical operation and Jackendoff's and Yates' recent emphasis on symbolic thought as a "neutral" or "amodal" synthesis. (shrink)

People with disabilities are subject to multiple forms of health-related and wider social disparities; carefully focused research is required to inform more inclusive, safe and effective healthcare practice and policy. Through lived experience, disabled people are well positioned to identify and persistently pursue problems and opportunities within existing health provisions that may be overlooked by a largely non-disabled research community. Thus, the academy can play an important role in shining a light on the perspectives and insights from within the disability (...) community, and combined with policy decisions, these perspectives and insights have a better opportunity to become integrated into the fabric of public life, within healthcare and beyond. However, despite the potential benefits that could be yielded by greater inclusivity, in this paper we describe barriers within the UK academy confronting disabled people who wish to embark on health research. We do this by drawing on published findings, and via the lived experience of the first author, who has struggled for over 3 years to find an accessible PhD programme as a person with energy limiting conditions who is largely confined to the home in the UK. First, we situate the discussion in the wider perspective of epistemic injustice in health research. Second, we consider evidence of epistemic injustice among disabled researchers, focusing primarily on what philosophers Kidd and Carel (2017, p 184) describe as ‘strategies of exclusion’. Third, we offer recommendations for overcoming these barriers to improve the pipeline of researchers with disabilities in the academy. (shrink)

The most serious challenge to Frankfurt-type counterexamples to the Principle of Alternate Possibilities (PAP) comes in the form of a dilemma: either the counterexample presupposes determinism, in which case it begs the question; or it does not presuppose determinism, in which case it fails to deliver on its promise to eliminate all alternatives that might plausibly be thought to satisfy PAP. I respond to this challenge with a counterexample in which considering an alternative course of action is a necessary condition (...) for deciding to act otherwise, and the agent does not in fact consider the alternative. I call this a “buffer case,” because the morally relevant alternative is “buffered” by the requirement that the agent first consider the alternative. Suppose further that the agent’s considering an alternative action—entering the buffer zone—is what would trigger the counterfactual intervener. Then it would appear that PAP-relevant alternatives are out of reach. I defend this counterexample to PAP against three objections: that considering an alternative is itself a morally relevant alternative; that buffer cases can be shown to contain other alternatives that arguably satisfy PAP; and that even if the agent’s present access to PAP-relevant alternatives were eliminated, PAP could still be satisfied in virtue of earlier alternatives. I conclude that alternative possibilities are a normal symptom, but not an essential constituent, of moral agency. (shrink)

1. Marxism and totalitarian democracy, 1818-1850.--v. 2. Classical Marxism, 1850-1895.

The five authors vary in the degree to which the recent neuroscience of the REM state leads them towards multiple dimensions and forms of dreaming consciousness (Hobson et al.; Nielsen; Solms) or toward all-explanatory single factor models (Vertes & Eastman, Revonsuo). The view of the REM state as a prolongation of the orientation response to novelty fits best with the former pluralisms but not the latter monisms. [Hobson et al.; Nielsen; Revonsuo; Solms; Vertes & Eastman].

Ian Carter argues against what he calls the ?specific freedom thesis?, which claims that in asking whether our society or any individual is free, all we need or can intelligibly concern ourselves with is their freedom to do this or that specific thing. Carter claims that issues of overall freedom are politically and morally important and that, in valuing freedom as such, liberals should be committed to a measure of freedom overall. This paper argues against Carter?s further claim that rejection (...) of the specific freedom thesis requires rejection of morally based determinations of degrees of overall freedom. Using a concept of freedom as a capacity to pursue one?s interests, it is argued that the value of freedom overall is not reducible to the value of specific freedoms, and that conditions of action can be determined as constraints only within the context of their impact on freedom overall. Taking the case of coercive proposals, it is argued that we must evaluate the morality of the circumstances in which conditional proposals are made if we are to weigh the opportunities and constraints contained in the proposal to determine whether its recipient suffers a loss of overall freedom. We must therefore appeal to values other than that of liberty itself to determine degrees of liberty overall, which we require in turn to determine whether threats or offers are coercive. (shrink)

Developmental understanding of transpersonal experience and its diverse impact on human life has been bedeviled by the opposed, monolithic extremes of Freud's regression to infant "narcissism," on the one hand, and more recent views of the transpersonal as the sole endpoint for any "higher" or "postformal operations" development of human intelligence, on the other. Here it is shown that "higher states of consciousness" can be more specifically understood as developments of a "presentational" intelli-gence, thereby constituting one line of adult development (...) among the several open to our symbolic capacity. The demonstrated but relatively infrequent occurrence of transpersonal states in early childhood then becomes understandable as a developmental precocity akin to that shown in mathematical and musical prodigies. The overlap of this developmental line with some of the thematics and regressive states of psychoanalytic object relations theories of infancy follows from the experiential nature of pre-sentational intelligence. Early emotional traumata and deficits must reappear in transpersonal experience to the extent that they were internalized as part of the mother-infant dyad whose structure underlies our symbolic, dialogic consciousness. (shrink)

If consciousness emerges into ontological reality at some point in nature, as system complexity increases, then it also ‘submerges’ at some adjoining point, as structures simplify. This has led some to posit a ‘latent-consciousness’ in what Bohr saw as the consciousness-like spontaneity of quantum phenomena. Yet to move on this basis to Whitehead's ontological pan-experientialism or to direct quantum explanations of consciousness faces serious epistemological limitations -- perhaps being more unwittingly projective than genuinely explanatory. More reasonable would be an epistemological (...) pan- experientialism in the sense of the later James. Consciousness, as the ultimate lens and medium of all knowledge, is inseparable from the physical reality it would know, especially at the very limits of empirical observation in microphysics. ‘Submerged’ consciousness is better understood in Jamesian pragmatic terms than via assumed but unprovable ontologies. (shrink)

Indeed, to a layperson reading the relevant case law, it almost seems that the courts sometimes try to make this principle seem as shocking as possible. In one decision that is often cited, a unanimous state supreme court held that, not only did an eight year old boy have no right to be rescued by the defendant from having his hand caught in a machine in the defendant's factory, but he (the boy, as a trespasser) would even have been liable (...) for damages to the defendant in this case had his hand, in being ground up by the defendant's machine, damaged the machine. (shrink)

This article discusses Michel Serres's topological thinking and his approach to space and time from a film studies perspective, specifically looking at connections between Serresian philosophy and the work of Christopher Nolan, using Dunkirk (2017) as an example of folded time. The article provides a selective overview of Serres's topological thinking, which opposes a geometrical approach to space and time, as well as indicating connections between Serresian thought and film studies more broadly. Serres makes frequent use of visual metaphors that (...) rely upon motion, which means discussing Serres's philosophy in relation to film can be a purposeful way to make sense of his topological thinking about spatialized time. Serresian philosophy can bring new ideas to film studies while discussion of Serres's thinking from a film studies perspective can help to visualize some of his philosophical ideas. The article considers similarities with, and distinctions from, Gilles Deleuze's understanding of time in cinema, which is modelled on the work of Henri Bergson. One essential difference is that Serres approaches topological time in relation to space whereas Deleuze only considers topological aspects to time through the virtual qualities of the non-spatialized time-image. Key aims of the article are to contribute to film studies through the application of Serresian thinking in relation to Dunkirk as well as offering a new approach to the recurrent themes of space and time in Nolan's work. The main objective is to present Serresian topological thinking as an alternative approach to space and time in film studies, which includes the capability to potentially complement or enhance ideas developed by Deleuze and Bergson. In keeping with Serresian philosophy this article pursues a new way of thinking about folded time in relation to film, based upon exploring new territory and synthesizing ideas rather than attempting to present a universal argument. (shrink)

Following years of debate over the effectiveness of cognitive behavioural therapy for myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS), public health bodies in the UK and beyond have determined that no psychotherapy is clinically proven for this patient group. In the field of ME/CFS and the wider arena of ‘medically unexplained symptoms’ (MUS), patient survey data and qualitative research capturing patient experiences and psychotherapist attitudes suggest that therapeutic practice may sometimes fall short of required ethical standards. This raises questions about how psychotherapists (...) can safely support, as opposed to treat, people with these debilitating conditions. We consider four ethical principles that feature throughout psychotherapists’ codes of practice, those of respect, competence, responsibility and integrity, and discuss examples of good and poor practice in this arena as evinced by recent empirical literature. Following this, we offer a variety of suggestions to help strengthen ethical psychotherapy practice with patients with ME/CFS and other MUS. In terms of practitioner education, we recommend greater emphasis on humility, reflexivity and disability-affirming practices, exploration of personal as well professional ethics, and integration of patient expertise-by-experience, accompanied with the latest evidence, into foundational and ongoing training. In terms of ongoing practice, we suggest consideration of formalised patient-focused feedback systems and greater transparency vis-à-vis patient access to clinical notes. Finally, we underline the importance of elevating patients from mere subjects to co-producers of psychotherapy research. (shrink)

Film audiences are no longer in a position to know for certain which images, or features of images they see on the screen were created by photography and which were created in a computer. Yet they are reacting to the advent of computer graphics as if it is merely a technical improvement, not a change in the nature of film itself. This would mean that one of the most influential early theories of film—realism—is wrong. It held that film is by (...) nature photographic and that its unique value is to afford the audience the physical connection with reality that photography, uniquely among pictorial media, brings. I argue that the audience is right about this. Even as applied to purely photographic films, realism was simply a mistake. (shrink)