The French School of the Far East has recently published under the above title an important study in comparative law, the conclusions of which go far beyond the juridical framework to which its tide and the author's background would appear to assign it. For this reason, it seemed necessary to call the work to the attention of readers of this journal, especially those who are interested in the problems of the relationships between the original indigenous infrastructure and the Indian and (...) Chinese superstructures in South East Asia. (shrink)

It is beliefs of this sort--de linguabeliefs--that Robert Fiengo and Robert May explore in this book.

This paper looks at emergence in physical theories and argues that an appropriate way to understand socalled “emergent protectorates” is via the explanatory apparatus of the renormalization group. It is argued that mathematical singularities play a crucial role in our understanding of at least some well-defined emergent features of the world.

This article argues that practitioners have a professional ethical obligation to dispense emergency contraception, even given conscientious objection to this treatment. This recent controversy affects all medical professionals, including physicians as well as pharmacists. This article begins by analyzing the option of referring the patient to another willing provider. Objecting professionals may conscientiously refuse because they consider emergency contraception to be equivalent to abortion or because they believe contraception itself is immoral. This article critically evaluates these reasons and concludes that (...) they do not successfully support conscientious objection in this context. Contrary to the views of other thinkers, it is not possible to easily strike a respectful balance between the interests of objecting providers and patients in this case. As medical professionals, providers have an ethical duty to inform women of this option and provide emergency contraception when this treatment is requested. (shrink)

How are dependent (or linked) premises to be distinguished from independent (or convergent) premises? Deductive validity, sometimes proposed as a necessary condition for depende'nce, cannot be, for the premises of both inductive and deductive but invalid arguments can be dependent. The question is really this: When do multiple premises for a certain conclusion fonn one argument for that conclusion and when do they form multiple arguments? Answer: Premises are dependent when the evidence they offer for their conclusion is more than (...) the ordinary sum of their probabilities. Ordinary sums are defined in the paper. (shrink)

The principle of the child's right to an open future was first proposed by the legal philosopher Joel Feinberg and developed further by bioethicist Dena Davis. The principle holds that children possess a unique class of rights called rights in trust—rights that they cannot yet exercise, but which they will be able to exercise when they reach maturity. Parents should not, therefore, take actions that permanently foreclose on or pre-empt the future options of their children, but leave them the greatest (...) possible scope for exercising personal life choices in adulthood. Davis particularly applies the principle to genetic counselling, arguing that parents should not take deliberate steps to create physically abnormal children, and to religion, arguing that while parents are entitled to bring their children up in accordance with their own values, they are not entitled to inflict physical or mental harm, neither by omission nor commission. In this paper, I aim to elucidate the open future principle, and consider whether it is applicable to non-therapeutic circumcision of boys, whether performed for cultural/religious or for prophylactic/health reasons. I argue that the principle is highly applicable to non-therapeutic circumcision, and conclude that non-therapeutic circumcision would be a violation of the child's right to an open future, and thus objectionable from both an ethical and a human rights perspective. (shrink)

This paper firstly distinguishes between principles of “global justice” that apply the same anywhere and everywhere – Tännsjö’s utilitarianism, egalitarianism, prioritarianism and such like – and principles of “local justice” that apply within the specific sphere of health-care. Sometimes the latter might just be a special case of the former – but not always. Secondly, it discusses reasons, many psychological in nature, why physicians might devote excessive resources to prolonging life pointlessly, showing once again that those reasons might themselves be (...) morally significant. (shrink)

Building on his long-standing work in metaphysics and Asian philosophy, Robert Cummings Neville presents a series of essays that cumulatively articulate a contemporary, progressive Confucian position as a global philosophy. Through analysis of the metaphysical and moral traditions of Confucianism, Neville brings these traditions into the twenty-first century. According to Confucianism, rituals define most of our relations with other individuals, social institutions, and nature, and while rituals make possible the positive institutions of high human civilization, they may also lead (...) to harmful behaviors, including racism, xenophobia, and sexism. Neville argues that the amendment of rituals that institutionalize oppression is a positive task, which should be undertaken from within a skillfully ritualized life rather than in the form of external criticism. Confucianism, in Neville's hands, is a left-wing, progressive, liberal political philosophy, one that can address institutionalized oppression and suggest a path for moving forward. (shrink)

Wir sind Teil einer Natur, die uns übersteigt - Grund genug, die Natur wieder zum Gegenstand philosophischer Reflexionen zu machen. Durch den Essentialismus-Verdacht schien der Begriff bereits für die Philosophie disqualifiziert. Doch Robert Hugo Ziegler zeigt, gestützt unter anderem auf Lukrez und Spinoza, dass die Natur, sobald man sie ernsthaft ins Auge fasst, alles andere als essentialistisch ist. Er ordnet das philosophische Problem der Natur damit in eine Wiederentdeckung metaphysischer Fragestellungen ein, die er originell vorantreibt - und beweist, dass (...) sich die Philosophie dadurch nicht nur zur bloßen Kommentatorin der Naturwissenschaften machen muss. (shrink)

Religion in Late Modernity runs against the grain of common suppositions of contemporary theology and philosophy of religion. Against the common supposition that basic religious terms have no real reference but are mere functions of human need, the book presents a pragmatic theory of religious symbolism in terms of which the cognitive engagement of the Ultimate is of a piece with the cognitive engagement of nature and persons. Throughout this discussion, Neville develops a late-modern conception of God that is defensible (...) in a global theological public. Against the common supposition that religion is on the retreat in late modernity except in fundamentalist forms, the author argues that religion in our time is a stimulus to religiously oriented scholarship, a civilizing force among world societies, a foundation for obligation in politics, a source for healthy social experimentation, and the most important mover of soul. (shrink)

The Renaissance development of science fulfilled the ancient ideal of integrating quantitative and qualitative thinking, but failed to recognize valuational thinking and thus deprived moral, aesthetic, and political thought of cognitive status. The task of this book is to reconstruct the concept of thinking in order to exhibit valuation, not reason, as the foundation for thinking and to integrate valuational with quantitative and qualitative modes. Part I explains the broad thesis, interpreting the problem of the foundations for thinking and providing (...) a general theory of value. Part II explains the role of valuation at the imaginative level of thinking with discussions of synthesis, perception, form, and art. The method of reconstruction requires a cosmology that is generated in successive waves. (shrink)

In this paper we explore the thesis that the role of argumentation in practical reasoning in general and legal reasoning in particular is to justify the use of defeasible rules to derive a conclusion in preference to the use of other defeasible rules to derive a conflicting conclusion. The defeasibility of rules is expressed by means of non-provability claims as additional conditions of the rules.We outline an abstract approach to defeasible reasoning and argumentation which includes many existing formalisms, including default (...) logic, extended logic programming, non-monotonic modal logic and auto-epistemic logic, as special cases. We show, in particular, that the admissibility semantics for all these formalisms has a natural argumentation-theoretic interpretation and proof procedure, which seem to correspond well with informal argumentation. (shrink)

This book is a historically informed and textually grounded study of the connections between Montaigne, the inventor of the essay, and Nietzsche, who thought of himself as an "attempter." In conversation with the Essais, Nietzsche developed key themes of his oeuvre: experimental scepticism, gay science, the quest for drives beneath consciousness, the free spirit, the affirmation of sexuality and the body, and the meaning of greatness. Robert Miner explores these connections in the context of Nietzsche's reverence for Montaigne-a reverence (...) he held for no other author-and asks what Montaigne would make of Nietzsche. The question arises from Nietzsche himself, who both celebrates Montaigne and includes him among a small number of authors to whose judgment he is prepared to submit.. (shrink)

These essays by Robert Schwartz on topics in the theory of vision are written from a pragmatic perspective. The issues and arguments will interest both philosophers and psychologists, covering new ground and bridging gaps between these disciplines. Schwartz begins historically, with discussions of problems raised and solutions offered in Bishop Berkeley's writings on vision, presenting Berkeley's views on spatial perception and the qualitative aspects of sensory experience in the context of recent theoretical and empirical work in vision theory. Schwartz (...) then turns to debates in both the philosophical and psychological literature over the view that perception is inferential and thus "indirect." Critically surveying competing characterizations of the idea of "inferential processes" he argues the need either to reframe radically the question or drop the issue. Next, Schwartz discusses pictorial representation and research on picture perception. Drawing on the work of Nelson Goodman, Schwartz explains and defends the advantages of a symbolic approach to both topics. Finally, he examines the quagmires that often develop when metaphysical concerns about the "real" and our ability to perceive it infect discussions and claims in the theory of vision. After analyzing issues arising in current psychological research on "object" perception, Schwartz turns to debates over the supposed essential nature of colors. An appreciation of the empirical and theoretical work on color perception suggests that there is no single or privileged analysis of the notion of "real colors." Schwartz circles back in the end to what he calls "that old chestnut of the philosophy of perception"--controversies over "the objects of perception"--and takes an Austinian look at the topic. (shrink)

Many methodologists are firmly convinced that Popper's arguments concerning the status of the rationality principle (RP) are incoherent or incompatible with the essentials of falsificationism. The present essay first shows that the accusation of incompatibility of situational logic with falsificationism does not hold up to scrutiny but then shows that Popper's arguments are nonetheless flimsy if not indefensible. For it seems that one can distinguish between two different versions of the RP in Popper's writings. If the first version is plainly (...) "objectivist" and can be characterized with Popper as empirically false, the second one is rather "subjectivist" and is not falsifiable as such. The essay shows that this second reading of the RP is the one that Popper finally adopts but that, unfortunately enough, this formulation of the RP looks more like a metaphysical statement than like an empirical law. It could then be held to be a priori valid as such, by analogy with Popper's line of argument concerning the principle of causality. If this is correct, then Popper's thesis on the empirical status of the RP is confuted. (shrink)

In this paper a few facts about Feynman diagrams and the perturbation expansion of the S-matrix are reviewed and discussed in connection with the question of the ontological status of virtual particles.

By deduction, we often extend both our knowledge and our justified belief. Moreover, in achieving knowledge or justified belief of some proposition, we commonly acquire justification for believing many of its entailed consequences, such as at least some of those that self-evidently follow from it. These and related facts have led some philosophers to endorse strong closure principles, for instance: If a person, S, is justified in believing a proposition, p, and p entails q, then S is justified in believing (...) q. Others have denied such principles, whether for justification or, with the appropriate additions, for knowledge. The debate continues. There is, however, this much consensus: there are difficult problems about the scope of closure, and epistemology should develop theories that can resolve them. (shrink)

This essay assesses the rationale for regulating research administrators as carefully as they regulate researchers. The reasons for such regulation are identical: protecting scientific integrity, ensuring responsible use of public funds, addressing the lack of effective recourse for victims, creating negative consequences for misbehaving actors, and addressing high incentives for misconduct. Whereas the reasons compelling us to regulate research administrators are obvious, counterarguments to administrative oversight are based on suggestions that the incidence and prevalence of cases of administrative misconduct are (...) too low to warrant formal regulation. I briefly describe examples of the phenomenon drawn from publicly available records. My analysis suggests that the misconduct of research administrators is both serious and worthy of better oversight. Improved oversight of research administration will help steward tax dollars appropriately and enhance the overall integrity of the scientific record and of the free pursuit of knowledge more generally. (shrink)

This paper defends a cognitive-motivational account of intending against recent criticism by J. Garcia, connects intending with a number of other concepts important in the theory of action — including decison, volition, and planning — and explores some principles of intention transfer construed as counterparts of epistemic principles governing closure for belief and justification. Several routes to intention formation are described; the role of intentions in planning is examined; and a holistic conception of intention formation and change is stressed. The (...) proposed conception of intending as embodying at once a cognitive and a motivational commitment to action is thus shown to help in understanding both the explanation of action and the rationality of agents. (shrink)

Empirical research pertaining to cardiopulmonary resuscitation (CPR), clinician behaviors related to do-not-resuscitate (DNR) orders and substituted judgment suggests potential contributions to medical ethics. Research quantifying the likelihood of surviving CPR points to the need for further philosophical analysis of the limitations of the patient autonomy in decision making, the nature and definition of medical futility, and the relationship between futility and professional standards. Research on DNR orders has identified barriers to the goal of patient involvement in these life and death (...) discussions. The initial data on surrogate decision making also points to the need for a reexamination of the moral basis for substituted judgment, the moral authority of proxy decision making and the second-order status of the best interests standard. These examples of empirical research suggest that an interplay between empirical research, ethical analysis and policy development may represent a new form of interdisciplinary scholarship to improve clinical medicine. (shrink)

Jukka Varelius1 ,2 and others3 have advocated that medically assisted dying should be made available on request to competent individuals experiencing ‘existential suffering’. Unlike Cassell and Rich, Varelius believes that existential sufferers do not have to be terminally ill before being helped to die. He does not regard ‘existential suffering’ on its own as sufficient to justify voluntary medically assisted dying, but believes it to be one of a set of jointly sufficient conditions . In ‘Medical expertise, existential suffering and (...) ending life’, however, he aims only to show that if physicians have the expertise required to assess when suffering consequent upon illness or injury is unbearable, that they can equally have that expertise when confronted with ‘existential suffering’. In what follows, I will neither be endeavouring to refute his more general claim , nor his argument in the present paper. Rather, I will offer two reasons for thinking that even if it is sound it is of limited practical significance.First, Varelius outlines his position without reference to relevant political considerations. He distances himself from what he terms the ‘conventional view’, namely, that voluntary medically …. (shrink)

Biographer Richardson has written a moving portrait of James--pivotal member of the Metaphysical Club and author of The Varieties of Religious Experience. The biography, ten years in the making, draws on unpublished letters, journals, and family records. Richardson paints extraordinary scenes from what James himself called the "buzzing blooming confusion" of his life, beginning with childhood, as he struggled to achieve amid the domestic chaos and intellectual brilliance of Father, brother Henry, and sister Alice. James was a beloved teacher who (...) taught courage and risk-taking, and served as mentor to W.E.B. Du Bois, Gertrude Stein, and many other Harvard outsiders. Richardson also illuminates James's hugely influential works. One of the great figures in mysticism here brought richly to life, James is a man "whose leading ideas are still so fresh and challenging that they are not yet fully assimilated by the modern world they helped to bring about."--From publisher description. (shrink)

Along with exploring some of the necessary conditions for the chemistry of our world given what we know about quantum mechanics, I will also discuss a different reductionist challenge than is usually considered in debates on the relationship of chemistry to physics. Contrary to popular belief, classical physics does not have a reductive relationship to quantum mechanics and some of the reasons why reduction fails between classical and quantum physics are the same as for why reduction fails between chemistry and (...) quantum physics. However, a neoreductionist can accept that classical physics has some amount of autonomy from quantum mechanics, but still try to maintain that classical+quantum physics taken as a whole reduces chemistry to physics. I will explore some of the obstacles lying in the neoreductionist’s path with respect to quantum chemistry and thereby hope to shed more light on the conditions necessary for the chemistry of our world. (shrink)

The analysis of identity as coreference is strongly associated with Frege ; it is the view in Begriffsschrift, and, some have argued, henceforth throughout his work. This thesis is incorrect: Frege never held that identity is coreference. The case is made not by interpretation of “proof-quotes”, but rather by exploring how Frege actually deploys the concept. Two cases are considered. The first, from Grundgesetze, are the definitions of the core concepts, zero and truth; the second, from Begriffsschrift, is the validity (...) of Leibniz's Law. In both cases, if identity is coreference, results ensue that would be unacceptable to Frege. (shrink)

Readers of Kant’s Critique of Judgment (1790) have understandably been stumped trying to decipher Kant’s views on the relation between beauty and art.1 At §43 Kant ends his discussion of “free natural” beauties such as flowers and birds of paradise and begins to formulate a theory of fine art, according to which fine art has as its purpose the expression of “aesthetic ideas.” This theory of fine art, perhaps because it is saddled with examples of second-rate art (including a poem (...) by “the great king” Frederick) and is sketchier than the theory of beauty, has not been given the attention accorded the four “moments”. However, Kant’s theory of fine art is not as “unsophisticated” and “unenlightening” as one commentator thinks.2 It is rough and unfinished, but even so, it lays claim to being, along with Aristotle’s account of the “philosophical” implications of literature, one of the great pre-Hegelian statements on the capacity of art to express ideas. At least, the fact that the Critique of Judgment contains such a theory should stand as a warning to those who blame Kant for “neutering” the capacity of art to have any practical effect by reducing art to a contrivance for producing an enemic “disinterested” pleasure.3 On the contrary: Kant himself may in fact have thought his theory of fine art the capstone of his aesthetics. For at §51 he writes, “We may in general call beauty (whether natural or artistic) the expression of aesthetic ideas.” And here is where the puzzle begins, for it is not at all clear how or why beauty should even apply to the expression of aesthetic ideas — let alone apply in a way such that “we may in general call beauty … the expression of aesthetic ideas.”. (shrink)