A major question is what his embrace of fascism means for the future of ethics in the Continental philosophy he has so heavily influenced. Paper edition (unseen), $18.95. Annotation copyrighted by Book News, Inc., Portland, OR.

Discusses Heidegger, Foucault, Derrida, Habermas, and recent feminist theory. Sees the crises as without cure or end. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR.

A critical analysis of theories of commercial impossibility and frustration of purpose is best undertaken in conjunction with a theoretical analysis of contract in general. Contracts function as a means of transferring social benefit, which can be subcategorised into subjective and objective benefit. Contracts also regulate the transfer or risk, which is inherent in property and hence any contractual relationship. In the light of the transfer of subjective and objective benefit and risk, contracts can be shown to be by definition (...) ex ante Pareto superior for both parties. Frustration of purpose or commercial impossibility is pleaded where the ex post overall benefit differs greatly from the ex ante expected value. This difference results from the manifestation of a risk which one party bears under the terms of the original contractual risk/benefit equilibrium. Considering the various subjective and objective risks and benefits involved in the contract, it is possible to classify frustrating eventualities under eight heads. In at least six cases the importance of the principle of security of exchange clearly precludes the operation of frustration. One of the remaining cases corresponds with the controversial Krell v Henry; there appears to be a temptation to regard frustration as the most socially utilitarian solution. Given however the dynamics of contractual risk and benefit, allowing frustration there would be unworkable because it would entail placing a subjective risk burden on the party which is in a worse position to evaluate it. There should be no place in the law for a doctrine of frustration of contract on the grounds of commercial impossibility orchanged circumstances. (shrink)

In Ernst Friedrich's Krieg dem Kriege there is a large section of photographs of survivors of World War I with the most hideous disfigurements of the face: jaws are missing, gaping slashes stare out where mouths should be. Friedrich leaves this gallery of ‘untouchables’ to the end of the book as if to achieve the maximum debasement of military glory and heroism. The head and face are obviously the most vulnerable part of the body in warfare – brutal wounds to (...) the face and decapitations are common. In World War I, a number of hospitals were set up to deal solely with head-wounds, developing the basis of what we now know as plastic surgery. Yet, in the representation of combat on screen, even in the most candid and unsentimental of war films, such as Hamburger Hill and Platoon, injuries to the face are rare or nonexistent. This absence has something to do with the difficulty of producing convincing prosthetic wound-cavities on the head; blown-off limbs can obviously be created with ease through covering up the actor's extant limb with padded clothing; bloody disembowellings can be simulated with the judicious use of imitation innards and the illusionistic application of broken flesh, and so on. But the problems of modelling head-wounds clearly only half-explain the consistency of the absence. (shrink)

In this paper, I offer an intellectual-historical reading of Foucault’s unpublished master’s thesis. In contrast with other recent scholarship on the pre-1961 period of Foucault’s career, the purpose of this paper is to grapple with the philosophical content of this thesis on its own terms, distinguishing it as far as possible from his mature work. This allows forgotten concepts to re-emerge in the course of reading the text and for a novel engagement with such neglected facets of Foucault’s oeuvre. Indeed, (...) the key concept which I argue emerges from Foucault’s early thesis is that of language as the être-la of thought. By closely following Foucault’s Husserlian reading of Hegel, and his response to Eugen Fink’s paradoxes of phenomenology, it is possible to see how Foucault briefly lands upon a novel kind of scepticism about the reality of history and minds. In the same way, I will also show why Foucault was unable to fully develop or commit to these sceptical positions during this part of his career. The article concludes by briefly suggesting contrasts between my reading of this early text and the way Foucault’s oeuvre is more generally understood. (shrink)

This thesis is an investigation of the question of the probative force of the syllogism. It examines on what the probative force of propositions constituting an argument depends and some of the cases in which the conclusion of a syllogism is and is not proven by the premises. The investigation begins by looking at certain preliminary notions associated with arguments in general and categorical syllogisms in particular. In each categorical syllogism are found two claims. One is the claim to truth (...) made by each proposition, and another is the claim to validity made by the syllogism. When each of these claims are fulfilled the syllogism is then sound. The question is whether or not every sound syllogism also represents a proof of the conclusion. John Stuart Mill asserted that no deductive argument including the syllogism can be a proof of the truth of the conclusion on the grounds that the premises presuppose the conclusion. In fact each syllogism is an example of the fallacy of petitio principii which it must by its very nature commit. Alexander Pfänder instead claimed that only in certain cases is the conclusion not proven by the premises, while in other cases the truth of the conclusion is actually proven by the truth of the premises. An independent investigation of the question of the probative force of the syllogism is made. Because of a crucial difference between propositions affirming contingent states of fact and essentially necessary propositions affirming necessary states of fact, it is shown that no syllogism containing contingent propositions can be a proof, while a proof is present in the case of a syllogism containing essentially necessary propositions. When the propositions of an argument are contingent their truth follows from the fact each particular existing instance they refer to actually has what is affirmed by the proposition. Therefore, if the syllogism is valid, the conclusion will refer to at least some of the same particular existing instances on which the truth of each of the premises depends. The premises can be true only if the conclusion is true, and any uncertainty about the truth of the conclusion extends also to the premises. The premises cannot prove the truth of the conclusion since their truth presupposes the truth of the conclusion. Propositions which are essentially necessary are true regardless of whether or not any particular instance exists or will ever exist. Because the state of fact is essentially necessary, the predicate is intelligibly grounded necessarily in the subject. If these kinds of propositions are found in a syllogism, their truth will not depend on the truth of a conclusion. Essentially necessary propositions have probative force, and their presence in a valid argument results in an actual proof of the conclusion. (shrink)

Jacques Rancire's theory of the sensible is an attempt to frame and secure the relationship between politics and aesthetics, art and design on the same surface. Accordingly, the reconstruction of the sensible appearances of the world of the built environment, of the dcor of the sensible, as Rancire describes it is more than the negation of bourgeois appearances in the name of either a radical aesthetics or a radical politics; it is, rather, the common invention of sensible forms and material (...) structures for a life to come. In this respect Rancire's theory has much in common with the historic avant-garde. Following the constructivism of Rodchenko and El Lissitsky, representation here is not just the symbolic life of pictures, but the very materiality of things and their relations. Yet Rancire has little time for the active politicization of art, insofar this destroys, he asserts, the potential democracy of art. This leaves his constructivism in a weakened critical position. This essay explores the hiatuses and limitations of Rancire's cultural theory. (shrink)

Exponents and critics of semantic presupposition have almost invariably based their discussion on the ('Standard') definition of presupposition implied by Frege and Strawson. In this study Noel Burton-Roberts argues convincingly against this definition, that leads it to a three-valued semantics. He presents a very simple semantic definition which is weaker, more general and leads to a semantics more easily interpreted as two-valued with gaps. The author shows that a wide range of intuitive facts that eluded the Standard definition follow (...) directly from this ('Revised') definition itself: facts about the presuppositions of compound sentences and modal sentences, about presuppositional conflict and about differences in the logical status of simple sentences suffering from presupposition failure. The book includes a detailed argument that an ambiguity of natural language negation, generally assumed to be necessary to the defence of semantic presupposition, is neither possible nor necessary in a presuppositional semantics. Noel Burton-Roberts has made an authoritative contribution to a debate which has involved philosophers and linguists for many years. His command of the issues, his clarity of exposition and his theoretical insight may well serve to change the boundaries of that debate. (shrink)

Robert C. Roberts first presented his vivid account of emotions as 'concern-based construals' in his book Emotions: An Essay in Aid of Moral Psychology. In this new book he extends that account to the moral life. He explores the ways in which emotions can be a basis for moral judgments, how they account for the deeper moral identity of actions we perform, how they are constitutive of morally toned personal relationships like friendship, enmity, collegiality and parenthood, and how pleasant (...) and unpleasant emotions interact with our personal wellbeing. He then sketches how, by means of their moral dimensions, emotions participate in our virtues and vices, and for better or worse, express our moral character. His rich study will interest a wide range of readers working on virtue ethics, moral psychology and emotion theory. (shrink)

The Limits of Cosmopolis addresses the question of how human life is organized: Is it possible to be a «citizen of the world»? Is there a difference between avowing that identity for oneself and morally and ethically making a commitment to others? What are the implications for communication - for a real dialogue of cultures?

I present a novel view on the nature of time: primitivism. This view is the conjunction of two theses: that presence is concreteness and that the present changes, where change is a fundamental process that cannot be analyzed. After explaining this view in-depth, I look at how it explains the flow of time and solves many puzzles, for example, McTaggart’s famous paradox about the unreality of time.

This essay analyzes the known evidence for Byzantine engagement with what are conventionally termed “alchemical” texts, theories, and practices of the Islamic world. Much of the evidence is difficult to date. Nevertheless, the aggregated direct, indirect, and circumstantial evidence suggests at least some engagement by Greek-speaking scholars throughout the Middle Ages. This engagement took various forms, from the use of Arabic, Persian, and Turkish terminology to the adaptation of whole Arabic treatises in Greek. Sometimes the Byzantine texts emphasize their Islamicate (...) sources, and sometimes they do not mention these sources at all. The resulting picture is still fragmentary, but it indicates that medieval Greek-speaking scholars were active in the circulation of chemical knowledge and techniques in the Mediterranean and Middle East. Byzantium, therefore, should no longer be left out of research into long-term patterns in the history of science. (shrink)

BackgroundThe Public Health Service Increased Risk designation identified organ donors at increased risk of transmitting hepatitis B, hepatitis C, and human immunodeficiency virus. Despite clear data demonstrating a low absolute risk of disease transmission from these donors, patients are hesitant to consent to receiving organs from these donors. We hypothesize that patients who consent to receiving offers from these donors have decreased time to transplant and decreased waitlist mortality.MethodsWe performed a single-center retrospective review of all-comers waitlisted for liver transplant from (...) 2013 to 2019. The three competing risk events (transplant, death, and removal from transplant list) were analyzed. 1603 patients were included, of which 1244 (77.6%) consented to offers from increased risk donors.ResultsCompared to those who did not consent, those who did had 2.3 times the rate of transplant (SHR 2.29, 95% CI 1.88–2.79, p < 0.0001), with a median time to transplant of 11 months versus 14 months (p < 0.0001), as well as a 44% decrease in the rate of death on the waitlist (SHR 0.56, 95% CI 0.42–0.74, p < 0.0001). All findings remained significant after controlling for the recipient age, race, gender, blood type, and MELD. Of those who did not consent, 63/359 (17.5%) received a transplant, all of which were from standard criteria donors, and of those who did consent, 615/1244 (49.4%) received a transplant, of which 183/615 (29.8%) were from increased risk donors.ConclusionsThe findings of decreased rates of transplantation and increased risk of death on the waiting list by patients who were unwilling to accept risks of viral transmission of 1/300–1/1000 in the worst case scenarios suggests that this consent process may be harmful especially when involving “trigger” words such as HIV. The rigor of the consent process for the use of these organs was recently changed but a broader discussion about informed consent in similar situations is important. (shrink)

The issue of power has become increasingly important within psychiatry, psychotherapy and mental health nursing generally. This paper will suggest that the work of Michel Foucault, the French philosopher and historian, has much to contribute to the discussion about the nature, existence and exercise of power within contemporary mental health care. As well as examining his original and challenging account of power, Foucault's emphasis on the intimate relationship between power and knowledge will be explored within the context of psychiatry and (...) mental health nursing. This is to say that the paper will investigate Foucault's account of how power and knowledge are central to the process by which human beings are ‘made subjects’ and therefore how ‘psychiatric identities’ are produced. In doing so, it will be suggested that Foucault's work can not only make a valuable contribution to contemporary discussions about power and knowledge, but can also provide a significant critique and reconceptualization of the theoretical foundations and associated diagnostic and therapeutic practices of psychiatry and mental health nursing. (shrink)

The term “Native Hawaiian” is often used to refer to the indigenous people of the Hawaiian islands; however, the term is itself non-Hawaiian, as is its pronunciation. The Kānaka Maoli, the “true or real persons,” are the indigenous people of Ka Pae ‘Āina O Hawai‘i (the Hawaiian archipelago). After living for centuries in these islands as a sovereign people, with a relationship to the land that is both familial and reciprocal, the last Hawaiian government was overthrown in 1893 with the (...) help of military personnel from the United States of America. Five years after the overthrow the USA annexed the islands, in spite of clear and overwhelming opposition by the Kānaka Maoli. In 1959 the majority of non-Hawaiian residents of Hawai‘i voted in the affirmative for statehood. The aim of this article is to show that the overthrow of the sovereign Hawaiian nation, the annexation of Hawai‘i by the USA, and the incorporation of these islands into the USA as its fiftieth state, are both illegal and unjust. Moreover, justice requires the restoration of a sovereign Hawaiian nation. (shrink)

Debates surrounding the nature of mental disorder have tended to divide into an objectivist camp that takes psychiatric classification to be a value-free scientific matter, and a normativist camp that takes it to be irreducibly values-based. Here we present an overlooked distinction between status and constitution. Questions of the form “What is x?” are ambiguous between status questions (“What gives something the status of an x?”), and constitution questions (“Given that something has the status of an x, what is it (...) made of?”). We elucidate this distinction in detail, and argue that normativism is uniquely well-placed to answer status questions while objectivism provides answers, where they are available, to constitution questions. (shrink)

From the ferment of recent debates about the intellectual virtues, Roberts and Wood develop an approach they call 'regulative epistemology', exploring the connection between knowledge and intellectual virtue. In the course of their argument they analyse particular virtues of intellectual life - such as courage, generosity, and humility - in detail.