The covenant -- Signs and precedents -- The Sunna of God -- Rules, commands, and reasons why -- Legal arguments -- Comparison -- Contrast -- Categorical arguments -- Conditional and disjunctive arguments -- Technical terms and debating technique -- Conclusions.

The term "social science" promises more than its practitioners can deliver: it promises knowledge. This knowledge is to consist of statements of empirical regularities of such quality as will enhance predictive power and inform public and private policy. Boundaries of Competence illuminates obstacles to this aspiration. Chapter 1 grounds knowledge in perception. Chapter 2 challenges the assumption that ordinary language necessarily describes reality and reveals the mischief words can do. Chapter 3 proposes a continuum of perceiving-conceiving involved in different ways (...) of "knowing" worlds. Chapter 4 lays out requirements of measurement, arguing that assigning numbers to dubious observations gives false assurance that mathematical manipulations necessarily rep- resent events. Chapter 5 shows how choice of unit affects the correlations we find in our search for causes. Chapter 6 holds that, given deficiencies in knowledge and perhaps because of the way Nature works, we assess probabilities rather than seek certainties. Chapter 7 notes difficulties in counting events that consist of "social facts," which "depend on us," and those that refer to "brute facts," that exist independently of us. Chapter 8 criticizes the practice of employing proxies for observations of what we're talking about. In particular, it demonstrates the error produced by relying on what people say as measure of what they do. Chapter 9 criticizes ways of explaining conduct by characterizing actors and their acts, and by "understanding" them through empathy. Chapter 10 discusses the important and never-ending quarrel about causation. Chapters 11 and 12 argue that in social affairs, decision is regularly torn between doing what is effective (rational) and doing what is right (moral). Nettler's writing is crisp, and his argument balanced. He employs research from several disciplines to challenge ideologically driven descriptions of our condition and explanations of our conduct. Gwynne Nettler is professor emeritus at the University of Alberta in Edmonton, Canada, where he taught psychology, sociology, and criminology. His previous books include Explanations, Social Concerns, and Explaining Crime. (shrink)

The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking (...) remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society. (shrink)

Critical attention has been paid to the aftermath of second-wave feminism in contemporary Japan, particularly in terms of the current state of twenty-first century feminist activism. Yet, there has been scarce attention paid to the nation’s articulation of postfeminist discourses within popular culture. Drawing on the cultural significance of manga in modern, neoliberal Japan, this article seeks to understand the cultural currency of the highly sexual and highly sexualised representations of the schoolgirl within postfeminism. In this article, I suggest that (...) Kazuto Okada’s Sundome embodies a comparatively positive representational shift for shōjo sexuality, and that this transformation has occurred partly as a consequence of masculine anxieties activated by moral panics surrounding girls’ sexual behaviour in Japan. The article demonstrates how male-authored contemporary manga is progressive in a number of ways, particularly in terms of the representation of girls’ sexual practices and sexual decision-making. (shrink)

The fifth book of Xenophon's Anabasis presents a puzzle which Mr. Tarn has not discussed in his most stimulating chapter on the ‘Ten Thousand’ in the Cambridge Ancient History. Xenophon is telling the story of the retreat along the shore of the Black Sea. At Cotyora, at Xenophon's own suggestion a general кαθαρμός was held by the survivors. For some time past the troops had been beginning to get badly out of hand. There had been a particularly disgraceful scene at (...) Cerasus, which they had left a week before their arrival at Cotyora. Certain local tribes of the Colchi had sent ambassadors to the Greek army, which was actually leaving the town at the moment of their arrival. Most of the troops were already outside the walls; but some stragglers who were still within the town stoned the ambassadors to death, and a general riot ensued. Now, not a word of this story is told by Xenophon in its proper place in the narrative, where we are simply told that the Greeks left Cerasus, some by sea and seme by land. The whole story is told later in great detail, and in a curious form: as a digression which Xenophon makes in a speech immediately preceding the court of enquiry at Cotyora. (shrink)

The ability to generalize from the known to the unknown is central to learning and inference. Two experiments explore the relationship between how a property is explained and how that property is generalized to novel species and artifacts. The experiments contrast the consequences of explaining a property mechanistically, by appeal to parts and processes, with the consequences of explaining the property functionally, by appeal to functions and goals. The findings suggest that properties that are explained functionally are more likely to (...) be generalized on the basis of shared functions, with a weaker relationship between mechanistic explanations and generalization on the basis of shared parts and processes. The influence of explanation type on generalization holds even though all participants are provided with the same mechanistic and functional information, and whether an explanation type is freely generated (Experiment 1), experimentally provided (Experiment 2), or experimentally induced (Experiment 2). The experiments also demonstrate that explanations and generalizations of a particular type (mechanistic or functional) can be experimentally induced by providing sample explanations of that type, with a comparable effect when the sample explanations come from the same domain or from a different domains. These results suggest that explanations serve as a guide to generalization, and contribute to a growing body of work supporting the value of distinguishing mechanistic and functional explanations. (shrink)

Traditional justifications for state-to-state development assistance include charity, basic rights and self-interest. Except in unusual cases such as war-reparations agreements, development assistance has typically been justified for reasons such as the above, without reference to any history of injury that holds between the states. We argue that climate change entails relationships of harm that can be cited to supplement and strengthen the traditional claims for development assistance. Finally, to demonstrate the utility of this analysis, we offer a brief application of (...) our reasoning to the emerging conflict in the United Nations over the future post-2015 development agenda. (shrink)

The vivid, dramatic images of distant stars and galaxies taken by the Hubble Space Telescope have come to define how we visualize the cosmos. In their immediacy and vibrancy, photographs from the Hubble show what future generations of space travelers might see should they venture beyond our solar system. But their brilliant hues and precise details are not simply products of the telescope's unprecedented orbital location and technologically advanced optical system. Rather, they result from a series of deliberate decisions made (...) by the astronomers who convert raw data from the Hubble into spectacular pictures by assigning colors, adjusting contrast, and actively composing the images, balancing the desire for an aesthetically pleasing representation with the need for a scientifically valid one. In Picturing the Cosmos, Elizabeth A. Kessler examines the Hubble's deep space images, highlighting the remarkable resemblance they bear to nineteenth-century paintings and photographs of the American West and their invocation of the visual language of the sublime. Drawing on art history and the history of science, as well as interviews with astronomers who work on the Hubble Heritage Project, Kessler traces the ways that the sublime, with its inherent tension between reason and imagination, not only forms the appearance of the images, but also operates on other levels. The sublime informs the dual expression—numeric and pictorial—of digital data and underpins the relevance of the frontier for a new era of exploration performed by our instruments rather than our bodies. Through their engagement with the sublime the Hubble images are a complex act of translation that encourages an experience of the universe as simultaneously beyond humanity's grasp and within the reach of our knowledge. Strikingly illustrated with full-color images, this book reveals the scientific, aesthetic, and cultural significance of the Hubble pictures, offering a nuanced understanding of how they shape our ideas—and dreams—about the cosmos and our places within it. (shrink)

This piece of work intends to shed light on Alexander of Aphrodisias from the second-century Aristotle commentator through the history of Aristotelian psychology up to the sixteenth century's clandestine prompter of the new philosophy of nature. In the millennium after his death the head of the Peripatetic school in Athens served as the authority on Aristotle in the Neo-Platonic school, survived the Arabic centuries of philosophy as Averroes' exemplary exponent of the mortality of the soul and as such was not (...) considered worthy of translation by the Latin Scholastics. This attitude changed only in the Late Middle Ages, when the resistance against Averroes grew fierce and Alexander emerged as the only Aristotelian alternative to him. In 1495 his account of Aristotle's psychology was translated and published and the underlying principles of a natural philosophy, based on sense perception and exempt from metaphysics, became accessible. The prompt reception and widespread endorsement of Alexander's teaching testify to his impact throughout the sixteenth century. (shrink)

In diesem Artikel geht es um die Beziehungen zwischen der von Jürgen Habermas entwickelten Diskursethik und den Studierendenseminaren, die der Ulmer Arbeitskreis „Ethik in der Medizin“ veranstaltet. Zunächst erfolgt eine Darstellung der Kernaussagen der philosophischen Diskursethik. Sie liefert eine formale Argumentationsprozedur, mit der es möglich ist, die Legitimität strittig gewordener Normen im Diskurs zu prüfen. Anschließend wird das in Ulm von Baitsch und Sponholz entwickelte Modell der Seminare „Ethische Entscheidungskonflikte im ärztlichen Alltag“ vorgestellt. Da sich die Ulmer Seminare unter anderem (...) auf die Diskursethik als theoretischen Hintergrund berufen, werden die Gemeinsamkeiten und Unterschiede beider Konzepte untersucht. Der Hauptunterschied ist der zwischen einem Begründungs- und einem Anwendungsdiskurs. Gemeinsam sind den Ansätzen die grundsätzlich kognitivistische Einstellung und die „Spielregeln“ des Diskurses. (shrink)

ZusammenfassungIn diesem Artikel geht es um die Beziehungen zwischen der von Jürgen Habermas entwickelten Diskursethik und den Studierendenseminaren, die der Ulmer Arbeitskreis „Ethik in der Medizin“ veranstaltet. Zunächst erfolgt eine Darstellung der Kernaussagen der philosophischen Diskursethik. Sie liefert eine formale Argumentationsprozedur, mit der es möglich ist, die Legitimität strittig gewordener Normen im Diskurs zu prüfen. Anschließend wird das in Ulm von Baitsch und Sponholz entwickelte Modell der Seminare „Ethische Entscheidungskonflikte im ärztlichen Alltag“ vorgestellt. Da sich die Ulmer Seminare unter anderem (...) auf die Diskursethik als theoretischen Hintergrund berufen, werden die Gemeinsamkeiten und Unterschiede beider Konzepte untersucht. Der Hauptunterschied ist der zwischen einem Begründungs- und einem Anwendungsdiskurs. Gemeinsam sind den Ansätzen die grundsätzlich kognitivistische Einstellung und die „Spielregeln“ des Diskurses. (shrink)

In Helen Frowe’s book, Defensive Killing, she argues that some cases of seemingly futile self-defense are actually instances of justifiable defense of the victim’s honor. This paper explores Frowe’s claim, first by isolating the central cases and then by examining her rejection of punitive reasons. From there, the paper examines Frowe’s understanding of “defense of honor,” ultimately suggesting that Frowe’s conception is best construed as action that has expressive, but not defensive, value. From there, I turn to two more general (...) puzzles. First, what if the defender mistakenly believes that she can successfully defend and acts for that reason, but the reason that actually supports her action is not one she is acting in light of? And, second, how ought we to understand the interests of an aggressor who has forfeited his rights? (shrink)

Wolfgang Kessler gives a report on the latest developments ofthe GATT negociations. The failure ofthe Uiruguay round in the autumn of 1990 and the irksome attempts at reanimation are depicted as a result of the strategy ofthe industrialized countries to bargain for their interests by demanding an extension oftheir free trade policy on additional parts of the world market. Kessler contrasts this strategy with a model of an ecologically and socially regulated world trade founded on world-wide agreed upon (...) treaties that focus on a sustainable world economy. (shrink)

The complexity of the human mind and its interaction with the environment is one of the main epistemological debates throughout history. Recent ideas, framed as the 4E perspective to cognition, highlight that human experience depends causally on both cerebral and extracranial processes, but also is embedded in a particular sociomaterial context and is a product of historical accumulation of trajectory changes throughout life. Accordingly, the human microbiome is one of the most intriguing actors modulating brain function and physiology. Here, we (...) present the 4E approach to the Human Microbiome for understanding mental processes from a broader perspective, encompassing one's body physiology and environment throughout their lifespan, interconnected by microbiome community structure and dynamics. We review evidence supporting the approach theoretically and motivates the study of the global set of microbial ecosystem networks encountered by a person across their lifetime (from skin to gut to natural and built environments). We furthermore trace future empirical implementation of the approach. We finally discuss novel research opportunities and clinical interventions aimed toward developing low‐cost/high‐benefit integrative and personalized bio‐psycho‐socio‐environmental treatments for mental health and including the brain‐gut‐microbiome axis. (shrink)

Aus dem Inhalt: I. Maclean, Introduction M.J. B. Allen, In principio: Marsilio Ficino on the Life of Text D. Perler, Diskussionen uber mentale Sprache im 16. Jahrhundert E. Kessler, Die verborgene Gegenwart und Funktion des Nominalismus in der Renaissance-Philosophie: das Problem der Universalien A. De Pace, Copernicus against a Rhetorical Approach to the Beauty of the Universe. The Influence of the Phaedo on the De revolutionibus H. Mikkeli, Art and Nature in the Renaissance Commentaries and Textbooks on Aristotle's Physics (...) U. Langer, The Ring of Gyges in Plato, Cicero, and Lorenzo Valla: The Moral Force of Fictional Examples I. Maclean, Legal fictions and fictional entities in Renaissance jurisprudence M.-L. Demonet, Les etres de raison, ou les modes d'etre de la litterature M.L. Bianchi, Signs, Signaturae and Natursprache in Paracelsus and Bohme N. G. Siraisi, Disease and symptom as problematic concepts in Renaissance medicine J. Rohls, Schrift, Wort und Sache in der fruhen protestantischen Theologie C. Lohr, Possibility and Reality in Suarez's Disputationes metaphysicae Weitere Beitrage von: B. Vickers, C. Leijenhorst, M. Friedrich. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

The justice of criminal punishment depends in part on the possibility of holding people accountable for their choices. There is a wide variation between nations on the age at which juveniles can be prosecuted in adult criminal courts. This variation reflects disagreement about the underlying logic of responsibility. This paper examines the philosophical difference between adults and children as agents. The paper argues that the moral status of children is importantly distinct from adults, specifically with respect to how responsibility should (...) be mitigated. The paper explains this in terms of the developmental aspect of childhood. By considering empirical evidence from psychology and neuroscience we can understand the mistakes that juveniles make as a form of developmental impairment. The paper shows why these findings lead to the conclusion that the practice of trying children as adults is immoral and should be eliminated. (shrink)

Charles S. Peirce sketches "a nest of three arguments for the Reality of God" in his article "A Neglected Argument for the Reality of God." I provide careful analysis and explication of Peirce's argument, along with consideration of some objections. I argue that there are significant differences between Peirce's neglected argument and the traditional arguments for God's existence; Peirce's analysis of the neglected argument into three arguments is misleading; there are two distinct levels of argument that Peirce does not recognize; (...) and it is doubtful whether the argument meets all the criteria set by Peirce himself. (shrink)