Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the field are confused about those (...) tasks. As a result, many recent books in legal theory are in large part exercises in legal metatheory, devoting many pages to attempts to define the purposes and goals of the field. Waluchow follows this trend and begins by expressing a desire to clarify the issues that separate those trying to give an account of the nature of law. His ultimate goal is to defend a version of legal positivism, inclusive legal positivism, that he thinks is at least implicit in H. L. A. Hart’s work. (shrink)

Books reviewed: Wittgenstein and Scepticism, Denis McManus (ed.). London & New York: Routledge, 2004. xi, 305 pp. $50 hb. Wittgenstein at Work: Method in the PHILOSOPHICAL INVESTIGATIONS, Erich Ammereller and Eugen Fischer (eds.). London & New York: Routledge, 2004. xxix, 263 pp. $50 hb. Reviewed by William H. Brenner, Old Dominion University Philosophy Department Old Dominion University Norfolk, VA 23529‐0083, USA [email protected].

In the first section, I consider what several logicians say informally about the notion of logical consequence. There is significant variation among these accounts, they are sometimes poorly explained, and some of them are clearly at odds with the usual technical definition. In the second section, I first argue that a certain kind of informal account—one that includes elements of necessity, generality, and apriority—is approximately correct. Next I refine this account and consider several important questions about it, including the appropriate (...) characterization of necessity, the criterion for selecting logical constants, and the exact role of apriority. I argue, among other things, that there is no need to recognize a special logical sense of necessity and that the selection of terms to serve as logical constants is ultimately a pragmatic matter. In the third section, I consider whether the informal account I have presented and defended is adequately represented by the usual technical definition. I show that it is, and provably so, for certain limited ways of selecting logical constants. In the general case, however, there seems to be no way to be sure that the technical and informal accounts coincide. (shrink)

The Oxford University Studies in the Enlightenment series, previously known as SVEC (Studies on Voltaire and the Eighteenth Century), has published over 500 peer-reviewed scholarly volumes since 1955 as part of the Voltaire Foundation at the University of Oxford. International in focus, Oxford University Studies in the Enlightenment volumes cover wide-ranging aspects of the eighteenth century and the Enlightenment, from gender studies to political theory, and from economics to visual arts and music, and are published in English or French.

Since Richard Dawkins ' The Extended Phenotype got me to thinking about copying units in the mid-1980s, I have been trying to define a cerebral code by searching for what can be successfully replicated in the brain's neural circuitry, a minimum replicable unit. I indeed found such circuitry. But to explore creativity in higher intellectual function, I wanted to see if the resulting copies could compete in a Darwinian manner, the process shaping up quality as it goes. And that forced (...) me to try and boil down a lot of evolutionary biology, attempting to abstract the features that were essential from those that merely contributed to speed or stability. This isn't the place to describe the neural outcome -- it's in The Cerebral Code and, more briefly, in the seventh chapter of my other 1996 book, How Brains Think -- but this does seem an appropriate place to review what I started calling "The Six Essentials." They seem applicable to a wide range of problems within memetics9 as the field attempts to cope with evolutionary models of information transmission. For a more. (shrink)

This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of indigenous rights brought before the Inter-American Court of Human Rights. (...) A third case looks at a relatively new international regime created by indigenous peoples themselves—the Inuit Circumpolar Council. I conclude by using theories of sovereignty to assess the relative successes and failures of indigenous efforts to secure their rights. (shrink)

The past few decades of moral psychology research have yielded empirical anomalies for rationalist theories of moral judgments. An increasing number of psychologists and philosophers argue that these anomalies are explained well by sentimentalism, the thesis that the presence of an emotion is necessary for the formation of a sincere moral judgment. The present review reveals that while emotions and moral judgments indeed often co-occur, there is scant evidence that emotions directly cause or constitute moral judgments. Research on disgust, anger, (...) sympathy, and guilt indicates that people only reliably experience emotions when judging conduct that is relevant to the welfare of the self and valued others. Moreover, many recent studies have either failed to replicate or exposed crucial confounds in the most cited evidence in support of sentimentalism. Moral psychologists should jettison sentimentalism, and focus instead on how considerations of harm and welfare—the core concepts of rationalist theories— interact with empirical beliefs to shape moral judgments. (shrink)

SOCIAL AND PERSONAL ETHICS provides students with a sound introduction to ethical theory and contemporary moral issues through engaging readings on today's most hotly debated topics. Among other topics, coverage includes environmental ethics and animal rights, the limits of personal liberty, war and the struggle against terrorism, marriage and sexual morality, the death penalty, gun control, and abortion and euthanasia. The volume begins with two introductory essays written for beginning students by the editor, William H. Shaw, on the nature (...) of morality and competing normative theories. These are followed by five other essays on ethical theory by classical and contemporary authors. The book's next 12 sections explore a wide-range of real-world ethical issues. In all, the book is composed of 53 articles (11 of which are new to this edition). To ensure that the text is as accessible as it is relevant, Shaw has edited every article with an eye toward readability, provided introductions and study questions before the essays, as well as review and discussion questions after them, and highlighted key passages to help students focus on important points and concepts. (shrink)

In “The logic of deep disagreements” (Informal Logic, 1985), Robert Fogelin claimed that there is a kind of disagreement – deep disagreement – which is, by its very nature, impervious to rational resolution. He further claimed that these two views are attributable to Wittgenstein. Following an exposition and discussion of that claim, we review and draw some lessons from existing responses in the literature to Fogelin’s claims. In the final two sections (6 and 7) we explore the role reason can, (...) and sometimes does, play in the resolution of deep disagreements. In doing this we discuss a series of cases, mainly drawn from Wittgenstein, which we take to illustrate the resolution of deep disagreements through the use of what we call “rational persuasion.” We conclude that, while the role of argumentation in “normal” versus “deep” disagreements is characteristically different, it plays a crucial role in the resolution of both. (shrink)

Background: The field of clinical ethics is examining ways of determining competency. The Assessing Clinical Ethics Skills (ACES) tool offers a new approach that identifies a range of skills necessary in the conduct of clinical ethics consultation and provides a consistent framework for evaluating these skills. Through a training website, users learn to apply the ACES tool to clinical ethics consultants (CECs) in simulated ethics consultation videos. The aim is to recognize competent and incompetent clinical ethics consultation skills by watching (...) and evaluating a videotaped CEC performance. We report how we set a criterion cut score (i.e., minimally acceptable score) for judging the ability of users of the ACES tool to evaluate simulated CEC performances.Methods: A modified Angoff standard-setting procedure was used to establish the cut score for an end-of-life case included on the ACES training website. The standard-setting committee viewed the Futility Case and estimated the probability that a minimally competent CEC would correctly answer each item on the ACES tool. The committee further adjusted these estimates by reviewing data from 31 pilot users of the Futility Case before determining the cut score.Results: Averaging over all 31 items, the proposed proportion correct score for minimal competency was 80%, corresponding to a cut score that is between 24 and 25 points out of 31 possible points. The standard-setting committee subsequently set the minimal competency cut score to 24 points.Conclusions: The cut score for the ACES tool identifies the number of correct responses a user of the ACES tool training website must attain to “pass” and reach minimal competency in recognizing competent and incompetent skills of the CECs in the simulated ethics consultation videos. The application of the cut score to live training of CECs and other areas of practice requires further investigation. (shrink)

Multiple groups have interests that intersect within the new field of deep submergence archaeology. These groups‟ differing priorities present challenges for interdisciplinary collaboration, particularly as there are no established guidelines for best practices in such scenarios. Associating the term 'archaeology' with projects directed at underwater cultural heritage that are are not guided by archaeologists poses a real risk to that heritage. Recognizing that the relevant professional organizations, local laws, and conventions currently have little ability to protect pieces of cultural heritage (...) across disciplines and international boundaries, the authors propose institution-specific mechanisms, called Archaeology Review Boards , guided by local and international laws and conventions concerning cultural heritage, as the best means to provide oversight for academically centered archaeological activities at the local level. (shrink)

A unique and compact collection, Ethics at Work: Basic Readings in Business Ethics is an ideal text for courses in business ethics, business and society, or applied ethics. Bringing together eleven essays by prominent authors, it features some of the best work in the field and addresses important and provocative issues. The essays represent diverse ethical and philosophical orientations and have been edited and abridged to make them more accessible to students. The book opens with two introductory readings that discuss (...) the role of ethics in business, the relevance and importance of studying business ethics, and the basic moral responsibilities of businesspeople. The following nine essays examine various controversial moral issues in business, including corporate downsizing; overseas sweatshops; bribery; whistleblowing; drug testing; deception in sales; manipulative advertising; insider trading; and our environmental responsibilities. Students will find interesting connections and illuminating relationships between the contributors' arguments. The readings are preceded by short introductions and study questions and followed by review questions and suggestions for further reading. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:194 BOOK REVIEWS detailed discussion. Successive chapters examine Schleiermacher's theory of religious experience, two conceptions of interpretation, the ascription of emotion to oneself and others, mysticism, religious experience as such, and different kinds of explanation of religious experience and the issue of reductionism. The book as a whole seems to me rather an impressive treatment of a very important subject. University of Calgary Calgary, Alberta HUGO A. MAYNELL Intimations (...) of Reality: Critical Realism in Science and Religion. By ARTHUR PEACOCKE. Notre Dame, Indiana: University of Notre Dame Press, 1984. Pp. 94. $10.95(cl.), $4.95(pa.). In the first of the two lectures printed in this small volume, Peacocke argues for a " critical realist " interpretation of both scientific theories and religious doctrines. Both aim (fallibly but genuinely) to speak of reality, and their methods and tools are similar enough so that if the claims of one deserve to be taken seriously, so do those of the other. Addressing one reality as they do, science and theology cannot proceed in isolation, but must he regarded as "interacting and mutually illumiminating " (51). In the second lecture Peacocke offers suggestions as to how theologians should construe the relation between God and the created world, in view of what scientists are now telling us about the latter. Many of the ideas presented here are familiar from Peacocke's earlier Creation and the World of Science and from writings of Ian Barbour and others. The main novelty lies in his buttressing the case for (and refining the interpretation of) critical realism with arguments drawn from recent work in the philosophy of science. I will start with his discussion of critical realism with respect to science, and then consider his claims for theology, his argument for the mutual relevance of the two, and (briefly) his theological suggestions. · As Peacocke sees the history of the subject, an earller-prevalent "naive realism " about scientific theories and the entities mentioned in them has been undermined chiefly by the work of T. S. Kuhn et al., especially as extended and radicalized by sociologists of science-most pointedly by those pursuing the " strong programme " of explaining scientific theories past and present as social products, without regard to any assessment of their truth value and thus without invoking conformity to reality in explaining a theory's acceptance or success. The recent revival BOOK REVIEWS 195 of realism among philosophers of science he views largely in the aspect of a rebuttal of the sociologists' anti-realist claims. He notes, but sets aside as ancillary to his project, the question what we might learn from the strong-programmers even if we deny their more radical claims. Fair enough. What is more regrettable is that the unwary reader could easily come away with the impression that contemporary philosophers of science are to be found in just two camps on these matters: realists and sociologically-minded anti-realists. In fa.ct, there have been and are quite a few--e.g. Bas van Fraasen and Larry Laudan-who argue against realism on grounds quite independent of sociology : Duhemian grounds, for instance, and considerations drawn from quantum theory. (See van Frassen's The Scientific Image, Laudan's Science and Values, and their respective essay:;; in Scientific Realism, edited by Jarrett Leplin.) So, while there is a revival of realism in philosophy of science, there is hardly a consensus, though it is no doubt also true that most working scientists, unaffected by the philosophers' debate, would adopt some form of critical realism. But how, specifically, does critical realism differ from the naive kind' The difficulty of answering this question is compounded by the great variety of theses held by various authors to be central claims of realism (or anti-realism) simpliciter. This variety is well illustrated in Leplin's collection, and anatomized in his introduction to it. One of the authors on whom Peacocke draws, Ian Ha.eking, distinguishes, in his contribution to the Leplin volume and at greater length in his Representing and Intervening, between realism about entities (theoretical terms, or many of them, do refer; there are such things as electrons) and realism about theories (scientific theories, even large-scale ones like the fundamental... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:56~ BOOK REVIEWS of the problem of free will and God's omnipotence- not a problem peculiar to evolution, to be sure, but one that nonetheless arises within the context of the emergence of living things, especially man, on earth and how that process relates to divine intervention; and Francisco J. Ayola starts everything off with a biologist's hardline defense of evolutionary theory. It may be asking too much to (...) expect original thinking on a topic that has been subjected to so much investigation and controversy over the past century. But it is reasonable to expect, in a book such as Evolution and Crea.tion, ways of approaching the topic which spark the reader's interest and furnish him with a competent and sometimes brilliant overview to it. The book fulfills this.expectation. I think it would be particularly useful as a source book and catalyst in graduate level seminars. University of San Francisco San Francisco, California RAYMOND DENNEHY God and Nature: Historical Essays on the Encounter Between Chris·tianity and Science. Edited by DAVID C. LINDBERG and RONALD L. NUMBERS. Berkeley and Los Angeles: University of California Press, 1986. Pp. xi + 516. $50.00 (cloth), $17.95 (paper). The editors tell us at the outset of this important volume that it is the outcome of two convictions that they share: (1) "that the interaction of science and Christianity has been of profound imp@tance in the shaping of Western civilization" and (2) that the results of extensive specialist work by historians of science and religion in recent decades belie widelyheld stereotypes and ought to be made generally available. The most familiar of the stereotypes is of course the Draper-White 66 warfare" thesis, the origins and continuing influence of which the editors trace in the first part of their helpful introduction. The eighteen contributors to the volume find plenty of controversies-sometimes rising to the level of conflicts-among individuals, among theological schools of thought, among scientific schools of thought, and among social groups, but at no period do they find anything that could be called an overall conflict of science and theology. They find many instances of smallerand larger-scale influences of theological developments on scientific ones, of scientific developments on theological ones, and of social developments on both. But no grand overall interpretative scheme appears in this respect either. Stanley L. Jaki's thesis, for instance, that modern science BOOK REVIEWS 563 was born of Christian theology and has prospered just insofar as it has remained faithful to its parentage, fares no better than the warfare thesis. No sweeping unitary interpretation can be expected to emerge, Lindberg and Numbers sugg.est, from historical work that " shows the respect for the particularity, individuality and value of each people and age that the canons of historical scholarship demand" (p. 10; i:r).ternal quotation from Donald Kagan). Accordingly, each essay is devoted to a particular period-some longer than others, to be sure. Nearly all are by professional historians. One author is primarily a philosopher, and several have at least secondary philosophical interests ; none are primarily scientists or theologians. Nearly all were trained and teach at secular universities, though a few have formal training from religious institutions as well. The coverage by periods is comprehensive, from Lindberg on " Science and the Early Church" to Numbers on "The Creationists" and Keith Yandell (the philosopher) on "Protestant Theology and Natural Science in the Twentieth Century." The last title calls attention, however, to one oddity in the coverage. Whereas in the essays on the sixteenth through eighteenth centuries both Protestant and Catholic figures and movements are treated, in those on the nineteenth and twentieth centuries attention is focused almost exclusively on the Protestant scene. Clearly, eighteen substantial essays cannot be analyzed in detail in a review of reasonable length. I shall indicate the main topics and theses of each with a few comments where these can be made briefly. First, however, I should stress that the book is treasure-trove of information and ideas. All the essays are good; several are superb. Each should be highly instructive for readers who are not specialists in the topic and period it deals with... (shrink)

BackgroundSocial support plays an important role for health outcomes. Support for those living with chronic conditions may be particularly important for their health, and even for their survival. The role of support for the survival of cancer patients after receiving an allogeneic hematopoietic cell transplant is understudied. To better understand the link between survival and support, as well as different sources and functions of support, we conducted two studies in alloHCT patients. First, we examined whether social support is related to (...) survival. Second, we examined who provides which support and which specific support-related functions and tasks are fulfilled by lay caregivers and healthcare professionals.MethodsIn Study 1, we conducted a retrospective chart review of alloHCT patients and registered availability of a dedicated lay caregiver and survival. In Study 2, we prospectively followed patients after alloHCT from the same hospital, partly overlapping from Study 1, who shared their experiences of support from lay caregivers and healthcare providers in semi-structured in-depth interviews 3 to 6 months after their first hospital discharge.ResultsPatients with a dedicated caregiver had a higher probability of surviving to 100 days than patients without a caregiver, OR = 2.84, p = 0.042. Study 2 demonstrated the importance of post-transplant support due to patients’ emotional needs and complex self-care regimen. The role of lay caregivers extended to many areas of patients’ daily lives, including support for attending doctor’s appointments, managing medications and financial tasks, physical distancing, and maintaining strict dietary requirements. Healthcare providers mainly fulfilled medical needs and provided informational support, while lay caregivers were the main source of emotional and practical support.ConclusionThe findings highlight the importance of studying support from lay caregivers as well as healthcare providers, to better understand how they work together to support patients’ adherence to recommended self-care and survival. (shrink)

Cowan's review shows that a short-term memory limit of four items is consistent with a wide range of phenomena in the field. However, he does not explain that limit, whereas an existing theory does offer an explanation for capacity limitations. Furthermore, processing capacity limits cannot be reduced to storage limits as Cowan claims.

Background The world is threatened by future pandemics. Vaccines can play a key role in preventing harm, but there will inevitably be shortages because there is no possibility of advance stockpiling. We therefore need some method of prioritising access. Main text This paper reports a critical interpretative review of the published literature that discusses ethical arguments used to justify how we could prioritise vaccine during an influenza pandemic. We found that the focus of the literature was often on proposing different (...) groups as priorities. Different reasons were often suggested as a means of justifying such priority groupings. We suggest that much of the literature, wrongly, assumes that we are able to plan priority groups prior to the time of a particular pandemic and development of a particular vaccine. We also point out the surprising absence of various issues from the literature. Conclusions The literature proposes a wide range of ways to prioritise vaccines, focusing on different groups and ‘principles’. Any plan to use pandemic vaccine must provide justifications for its prioritisation. The focus of this review was influenza pandemic vaccines, but lessons can be learnt for future allocations of coronavirus vaccine, if one becomes available. (shrink)