Este artículo demuestra de un modo fáctico la utilidad del test de proporcionalidad y la fórmula del peso del profesor Robert Alexy en la práctica de los tribunales constitucionales y de otros altos tribunales. Para ello se aplica detenidamente este modelo a la Decisión del Tribunal Constitucional alemán de 2015 en el que se falla a favor de la compatibilidad del uso del velo por profesoras funcionarias que trabajan en la enseñanza pública con la neutralidad del Estado. Se examinan (...) los tres pasos de la ponderación el principio de adecuación o idoneidad, el principio de necesidad y la proporcionalidad en sentido estricto, concluyendo que esta nueva decisión del primer senado del Tribunal Constitucional federal alemán de 2015 aplica correctamente el principio de la proporcionalidad estricta. Primero porque establece adecuadamente que el grado de insatisfacción de la paz escolar o de los derechos de los padres debe medirse y calificarse a la vista de conflictos reales. Segundo porque al examinar la importancia de satisfacer el derecho de libertad religiosa de las profesoras y las consecuencias negativas de la ley prohibitiva del Land juzga que ello supone una lesión grave y que es una medida desproporcionada e innecesaria. Una Ley prohibitiva general basada en un peligro abstracto es contraria a la LF y una injerencia desmedida en un DF porque no permite la ponderación del caso concreto. Por ello, en el tercer paso se concluye que la importancia de satisfacer los derechos de las profesoras justifica que ceda la libertad negativa religiosa de los alumnos y que prevalezca la liberta religiosa positiva. Con la excepción de casos en los que haya conflictos reales. En estos últimos, ponderadas las circunstancias cabría ciertas prohibiciones temporales transitorias del uso del velo en lugares concretos, un extremo que por nuestra parte no hemos considerado adecuado. (shrink)

This article argues that Robert Alexy's influential theory of balancing is affected by a contradiction that makes it unfeasible as an instrument by which to explain some aspects of law and legal reasoning it aims to clarify. In particular, I will show that one of the premises of Alexy's theory of balancing is incompatible with its conclusion. Alexy's theory is based upon a sharp distinction between rules and principles. However, as my analysis will demonstrate, its conclusion implies (...) that it is impossible to distinguish between rules and principles. This is because the so‐called weight formula and the law of colliding principles (i.e., the two main notions used by Alexy to explain balancing) cancel out any difference between these two types of norms. (shrink)

The main issue that I take up in this article is the relation between balancing and argumentation. My thesis takes the form of a mathematical formula, the Weight Formula. In recent work, Giovanni B. Ratti has set out a radical critique of my thesis, and Manuel Atienza has offered a systematic critique, maintaining that my Theory of Legal Argumentation and my Theory of Constitutional Rights are to a certain degree incompatible. My reply is that the Weight (...) Formula represents a form of argument that is not only compatible with rational argumentation but, indeed, is required by it. The unity of my theory is thereby established. (shrink)

The central argument of this article turns on the dual‐nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual‐nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non‐positivism according to which legal validity is lost in all cases of moral defect or demerit (exclusive legal non‐positivism) or, alternatively, is affected in no way at (...) all by moral defects or demerits (super‐inclusive legal non‐positivism). The dual nature of law is expressed, on the one hand, by the Radbruch formula, which says that extreme injustice is not law, and, on the other, by the correctness argument, which says that law's claim to correctness necessarily includes a claim to moral correctness. Thus, what the law is depends not only on social facts, but also on what the law ought to be. (shrink)

This article defends a non-positivist theory of law, that is, a theory that accepts the necessary connection between legal validity and moral correctness by reference to the work of John Finnis. It begins with the dual nature of law as comprising both a real or factual dimension and an ideal dimension. Important examples show that at least some kinds of moral defect can deprive law of validity from the perspective of a participant in the legal system. The nature of the (...) connection between moral defectiveness and legal defectiveness is specified in terms of three possibilities: exclusive non-positivism, in which all cases of moral defect render law invalid; inclusive non-positivism, in which moral defect renders law invalid in some cases; and super-inclusive non-positivism, in which legal validity is not affected by moral defect at all. The paper argues for inclusive non-positivism as exemplified by the Radbruch Formula, according to which extreme injustice is not law, and which strikes the right balance between the ideal and real dimensions of law, against John Finnis’s account, which can be seen as an example of super-inclusive non-positivism, although his most recent work has tended towards the inclusive version. (shrink)

This article calls for the construction of constitutional rights as principles, rather than as rules. The rule construction conceives subsumption or classification as the appropriate form for the application of constitutional rights. It attempts, in this way, to avoid the problems associated with balancing. By contrast, the principles construction argues that balancing is inevitable and unavoidable. Balancing is at the very core of the proportionality test. The debate over the construction of constitutional rights is, therefore, first and foremost a debate (...) over proportionality analysis. The central objection to the principles construction is that balancing and, with it, the proportionality test, is irrational. This irrationality objection is countered by analysis of the formal structure of balancing; the analysis shows that balancing is a case of rational legal argument that is explicated by means of an arithmetic formula: the Weight Formula. The Weight Formula provides a demonstration of how and why balancing is possible as a form of rational legal argument. It also makes it possible to show that proportionality analysis endangers neither the power nor the force of constitutional rights. (shrink)

The main purpose Robert Alexy tries to achieve with The argument from Injustice and all the other works he wrote on the same topic is to prove, against legal positivism, that law is a bidimensional concept comprising both a real or institutional dimension and an ideal one. As we know, positivism believes that law is valid for formal or factual reasons that just contingently, this is the inclusive variant, may incorporate moral elements; otherwise Professor Alexy believes that law, (...) the concept of law, is to be defined such that, alongside these fact oriented-properties, moral elements must be included. This paper is intended to analyse the core of Professor Alexy’s connection argument between factual and ideal dimensions of the law, in order to support this central conclusion: his theory is only perfectly acceptable as a theory “of and about” democratic and constitutional legal systems, and not if intended as a theory “of and about” the concept of law. (shrink)

Social judgement theory is particularly well suited to the study of medical judgements. Medical judgements characteristically involve decision making under uncertainty with inevitable error and an abundance of fallible cues. In medicine, as in other areas, SJT research has found wide variation among decision makers in their judgements and in the weighting of clinical information. Strategies inferred from case vignettes differ from physicians' self-described strategies and from the weights suggested by experts. These observations parallel recent findings of unexplained variation in (...) diagnosis and management in clinical practice that have been the source of concern in the medical community. The lens model provides one of the few methods for quantitatively analysing physicians' judgements. Contrary to what one might expect from the variation in strategies on paper cases, several studies suggest that, in practice, physicians' diagnostic judgements are highly accurate. Cognitive feedback has been less successful as a practical teaching tool than originally hoped, but some aspects of this methodology show promise, particularly in conjunction with the increasing emphasis on statistical decision support. All things considered, SJT has provided insight into physicians' decisions and gives the medical research community important tools for studying judgements in actual practice. (shrink)

In Artemovʼs Justification Logic, one can make statements interpreted as “t is evidence for the truth of formula F.” We propose a variant of this logic in which one can say “I have degree r of confidence that t is evidence for the truth of formula F.” After defining both an axiomatic approach and a semantics for this Logic of Uncertain Justifications, we will prove the usual soundness and completeness theorems.

This essay offers an exegesis and critique of the moment of community formation in Agamben’s Homo Sacer Project. In The Sacrament of Language, Agamben searches for the site of a non-sovereign community founded upon the oath [horkos, sacramentum]: an ancient institution of language that produces and guarantees the connection between speech and the order of things by calling the god as a witness to the speaker’s fidelity. I argue that Agamben’s account ultimately falls short of subverting sovereignty, however, because the (...) sacramentum derives its power, at a fundamental level, from the ‘monothetic’ structure of truth—what Agamben calls ‘the name of God’ [il nome di Dio]. I propose we may yet salvage the oath as a means of subverting sovereignty, however, if we reconsider it in the context of polytheism, where the names of the gods [i nomi degli dei] can be many, while remaining powerful. First, through a reading of Aeschylus’ Eumenides, I argue that the Greeks understood the oath to function even where truth and falsity were inherently undecidable. Second, I argue that if we separate the truth and power functions interwoven in the sacramentum, we find a second formula, the decisory oath, which can be taken in order to produce a community even in the absence of one sovereign truth. As a kind of magical speech, the decisory oath provides the limit conditions for the possibility of distinguishing true from false in the sacramentum, and thus founds it. (shrink)

This volume reflects the breadth of Alexy's philosophy, identifies new areas of inquiry and offers a new impetus to the discourse theory of law.

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument fromInjustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically (...) important role. Part Two discusses constitutional rights, human rights, andproportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation,correctness, and law. The author concludes this volume with a biographical reflection. (shrink)

The main thesis of this article is that Kant’s concept of law is a non-positivistic one, notwithstanding the fact that his legal philosophy includes very strong positivistic elements. My argument takes as its point of departure the distinction of three elements, around which the debate between positivism and non-positivism turns: first, authoritative issuance, second, social efficacy, and, third, moral correctness. All positivistic theories are confined to the first two elements. As soon as a necessary connection between these first two elements (...) and the third element, moral correctness, is established, the picture changes fundamentally. Positivism becomes non-positivism. There exist two kinds of connections between law and morality: classifying and qualifying connections. This distinction stems from different sorts of effects that moral defects give rise to. A classifying connection leads to the loss of legal validity, whereas a qualifying connection leads only to legal defectiveness. In Kant’s theory of law both connections are found. The qualifying connection is conspicuous throughout Kant’s theory of law, whereas the classifying connection, by contrast, is rare and well hidden. This will suffice to consider Kant as a representative of inclusive non-positivism. (shrink)

In this article the author adduces a non‐positivist argument for a necessary connection between law and morality; the argument is based on the claim to correctness, and it is directed to an attack stemming from Eugenio Bulygin. The heart of the controversy is the claim to correctness. The author first attempts to show that there are good reasons for maintaining that law necessarily raises a claim to correctness. He argues, second, for the thesis that this claim has moral implications. Finally, (...) he attempts to refute Bulygin's objection that the claim‐based argument for non‐positivism boils down to contradiction and triviality. (shrink)

Two claims lay the foundation for Beyleveld and Brownsword’s legal theory. The first says that immoral laws cannot be law, the second that rights to freedom and welfare can be proven to be logically necessary given merely the phenomenon of agency. The author argues that both claims are too strong. The first is an overidealization of law, which fails to do justice to its double nature as a real as well as an ideal phenomenon. The second must fail, for a (...) moral “ought” cannot be deduced from a merely instrumental “ought.”. (shrink)

The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as (...) whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality. (shrink)

What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law—and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law. Thus, in an initial step, I will briefly look at the concept and the nature of law. In a second step, I will attempt to explain what the concept and the nature of law, (...) thus understood, imply for the relation between legal certainty and correctness. Here three issues will be considered: first, the Radbruch formula as an answer to the problem of extreme injustice; second, the special case thesis, which claims that legal argumentation is a special case of general practical argumentation; and, third, the problem of the judicial development of the law. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

As we journey into the fourth year of the COVID-19 pandemic, a majority of Americans express relief at a “return to normal,” experience pandemic fatigue, or embrace the idea of living with COVID-19 in much the same way we live with the seasonal flu. But transition to a new phase of life with SARS-CoV-2 does not diminish the importance of vaccination. The US Centers for Disease Control and the Food and Drug Administration recently recommended another round of booster dose for (...) persons age 5 and up, or an initial series for those not previously vaccinated, with an updated bivalent formula that protects against both the original virus strain and Omicron subvariants that are now the dominant source of infection. By most accounts most of the population has been or will become infected with SARS-CoV-2. Suboptimal uptake of the COVID-19 vaccines among the approximately 25 million adolescents in the United States is a significant obstacle to population coverage, public health, and the health and well-being of adolescents. A major cause of low adolescent uptake is parental vaccine hesitancy. This article discusses parental vaccine hesitancy and argues that permitting independent adolescent consent to COVID-19 vaccination should be an ethical and policy priority as we continue to confront the threat of Omicron and other variants of the coronavirus. We discuss the central role of the pediatric healthcare team in caring for adolescent patients who disagree with their parents about vaccination. (shrink)

Ratti has attacked principles theory in two respects. The first is that it is impossible to distinguish between rules and principles. The second is that the main thesis of principles theory, which says that balancing is the specific way of applying principles, is wrong. The result of Ratti's critique is his thesis that principles theory founders on a contradiction or, as Ratti calls it, an antinomy. All of this is based on two arguments: Ratti's disapplication argument and his law of (...) concretization. I attempt to reject this analysis, for it is incomplete. It claims to be an analysis of balancing, but it misses the decisive point of balancing. Informed by this background, I defend the distinction between rules and principles as a distinction of the real and the ideal “ought.”. (shrink)

Focusing on Hans Kelsen's concept of the 'ought', the main problem is whether the 'ought' qua obligation or the 'ought' qua empowerment or competence serves as his fundamental normative concept. Stanley L Paulson has adduced strong textual arguments for the thesis that the fundamental role played by empowerment represented Kelsen's opinion ever since the late 1930s. But to accept the thesis of the fundamental character of empowerment as an interpretive thesis is not, eo ipso , to accept it as a (...) norm-theoretic thesis. In light of this background, I take up three arguments for conceiving the modality of obligation as being at least as fundamental: the chain argument, the argument from unlawfulness, and the argument from overload. This leads to the conclusion that Kelsen's 'ought' would be incomplete if it did not comprise obligation as a modality that is at least as fundamental as the modality of empowerment or competence. (shrink)

In this article, I take up two arguments in favor of the discursive model of legal argumentation: the claim to correctness argument and the dual nature thesis. The argument of correctness implies the dual nature thesis, and the dual nature thesis implies a nonpositivistic concept of law. The nonpositivistic concept of law comprises five ideas. One of them is the special case thesis. The special case thesis says that positivistic elements, that is, statutes, precedents, and prevailing doctrines, are necessary for (...) law in order to achieve legal certainty. Without this, law would not be as perfect as it could possibly be. But it says, at the same time, that this alone would not be enough to fulfill the claim to correctness. The claim to correctness refers not only to the real dimension of law, defined by statutes, precedents, and prevailing doctrines, but also to its ideal dimension, defined, first and foremost, by justice. The special case thesis is my oldest thesis. It has remained an essential element of my system over the years. Its connection with four other theses—the Radbruch formula, the human rights thesis, the idea of deliberative democracy, and principles theory—does not change this at all. On the contrary, this connection has lent greater strength to the special case thesis. (shrink)

According to the author there is no doubt that one has to distinguish between the justification and the application of norms. Problems are seen only to arise if one asks what exactly the distinction is and which consequences have to be drawn from it. Recently, Klaus Günther, in particular, has searched for this distinction and connected it with far‐reaching conclusions concerning the theory of norms, arguments, and morals. His theses are the object of the author's considerations.

The devotion of a full article in the Paris Agreement to loss and damage was a major breakthrough for the world’s most vulnerable nations seeing to gain support for climate impacts beyond what can be adapted to. But how will loss and damage be paid for, and who will pay it? Will ethics be part of this decision? Here we ask what are the possible means of raising predictable and adequate levels of funding to address loss and damage? Utilizing a (...) framework developed by Marco Grasso, we argue that making the ethical connections between addressing climate impacts and finance mechanisms could significantly enhance their likelihood of being adopted. We briefly review insurance mechanisms and catastrophe bonds, and then move on to six “innovative finance” approaches to funding loss and damage. We utilize six criteria in assessing them: adequacy, predictability, technical feasibility, fairness, and indirect effects, and whether each has a clear link to loss and damage. Several mechanisms for gathering funds emerged as most promising. Three of the six financial mechanisms we reviewed to raise funding involved airline transport: clearly, there is a huge opportunity to tax this sector in one form or another, in recognition of airline emissions’ role in creating losses and damages in vulnerable nations from sea level rise, droughts, floods or hurricanes. Funding loss and damage response is a contentious issue that will get only more unwieldy if Parties’ conceptions of loss and damage are at odds: a common definition of loss and damage needs to be agreed upon under the UNFCCC. Most immediately, to meet any equity criteria, wealthy countries should do more to support the premiums of those who cannot afford insurance. (shrink)

The first part of this article contains (i) considerations as to the relationship between jurisprudence and legal dogmatics, legal philosophy, and sociology of law; (ii) considerations about the status of jurisprudence both as a meta‐ and an object‐theory. These lead to the suggestion that jurisprudence should be defined as a general juristic theory of law and legal science. In the second part, the character and elements of this definition are explained systematically. The article's main thesis is that jurisprudence is not (...) distinguished from legal philosophy and sociology of law by its subject or its method, but by the specifically juristic research aspect or perspective it is based upon. (shrink)

The first part of this article contains an analysis of the concept of a right, which implies a rational structure of reasoning about rights, elaborated in the second part. In the third part both the concept of a right and reasoning about rights are connected with the theory of rational discourse. The author's thesis is that there exists an internal relation between the theory of rights and the theory of legal reasoning.

That two theories of law are different does not imply that they differ in all aspects. Far more likely is the opposite state of affairs, namely, that there are some common points along with some points of disagreement. I will start with three points in which there seems to be at least some connection between Joseph Raz’s opinions and my own. In a second step, I will consider what is, perhaps, the most fundamental difference.

In his book Legality Scott J Shapiro presents a large-scale and sophisticated attempt to defend legal positivism in its most outspoken form, namely exclusive legal positivism. This, however, does not mean that morality plays no role in Shapiro’s analysis of the nature of law. On the contrary, he connects law with morality in myriad ways. This gives rise to the question of whether Shapiro’s theory of the nature of law is truly positivistic. In the article I argue that Shapiro’s theory (...) is, first, in crucial respects non-positivistic, and, second, in certain other respects indeed positivistic but in need of being converted into a non-positivistic theory. (shrink)

The dual nature thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. This thesis, however, remains as thus stated abstract and formal. In order to arrive at a concrete content and a clear structure, the thesis has to be explicated within a system. The overarching idea of this system is the institutionalization of reason. The political form manifested by the system is discursive constitutionalism. This system is generated in (...) three steps. First, the claim to correctness raised by law and the procedure of discourse are analysed. This leads, second, to the necessity of the positive dimension of law. The necessity of positivity, however, by no means implies positivism. On the contrary. Non-positivism is elaborated in a third step, which is concerned with the connection of law as idea, as defined at the first step, and law as fact, as adumbrated in the second step. This connection comprises the postulate of an outermost limit of law (Radbruch formula), the ideas of human and constitutional rights, democracy, and constitutional review, the conception of legal argumentation as a special case of general practical argumentation, and the theory of principles. If it is possible to reconcile the ideal with the real at all, then only by means of such an attempt to institutionalize reason. (shrink)

Schizophrenia affects more than 1% of the world's population, causing great personal suffering and socioeconomic burden. These costs associated with schizophrenia necessitate inquiry into the causes and treatment of the illness but generate ethical challenges related to the specific nature and deficits of the illness itself. In this article, we present a systematic analysis of narrative data from 63 people living with the illness of schizophrenia collected through semistructured interviews about their attitudes, beliefs, and experiences related to psychiatric research. In (...) the comments of these individuals, half of whom had had prior personal experience in research protocols, we identified factors influencing openness toward research involvement as well as deterrents that appear to lessen interest in participation. Clear response pattern differences emerged between those with prior research experience and those without such experience. In the discussion, we explore these key findings and outline the implications for safeguards in mental illness research. (shrink)

Research has demonstrated that people readily pay more attention to negative than to positive and/or neutral stimuli. However, evidence from recent studies indicated that such an attention bias to negative information is not obligatory but sensitive to various factors. Two experiments using intergroup evaluative tasks (Study 1: a gender-related groups evaluative task and Study 2: a minimal-related groups evaluative task) was conducted to determine whether motivation to strive for a positive social identity - a part of one's self-concept - drives (...) attention toward affective stimuli. Using the P1 component of event-related brain potentials (ERPs) as a neural index of attention, we confirmed that attention bias toward negative stimuli is not mandatory but it can depend on a motivational focus on affective outcomes. Results showed that social identity-based motivation is likely to bias attention toward affectively incongruent information. Thereby, early onset processes - reflected by the P1 component - appeared susceptible to top-down attentional influences induced by the individual's motivation to strive for a positive social identity. (shrink)

Regular musical activity as a complex multimodal lifestyle activity is proposed to be protective against age-related cognitive decline and Alzheimer’s disease. This cross-sectional study investigated the association and interplay between musical instrument playing during life, multi-domain cognitive abilities and brain morphology in older adults from the DZNE-Longitudinal Cognitive Impairment and Dementia Study study. Participants reporting having played a musical instrument across three life periods were compared to controls without a history of musical instrument playing, well-matched for reserve proxies of education, (...) intelligence, socioeconomic status and physical activity. Participants with musical activity outperformed controls in global cognition, working memory, executive functions, language, and visuospatial abilities, with no effects seen for learning and memory. The musically active group had greater gray matter volume in the somatosensory area, but did not differ from controls in higher-order frontal, temporal, or hippocampal volumes. However, the association between gray matter volume in distributed frontal-to-temporal regions and cognitive abilities was enhanced in participants with musical activity compared to controls. We show that playing a musical instrument during life relates to better late-life cognitive abilities and greater brain capacities in OA. Musical activity may serve as a multimodal enrichment strategy that could help preserve cognitive and brain health in late life. Longitudinal and interventional studies are needed to support this notion. (shrink)

The principle of proportionality is seen as the highest peak of structural, logical thinking that enables balancing between constitutional principles and their interferences. So far, Alexy's weight formula has been the most advanced approach in structured balancing of proportionality stricto sensu, while this paper shows it as still too subjective. Despite judicial tests—or different, manifestly inappropriate reasonableness tests—proportionality stricto sensu hides some form of the jumping-to-conclusions bias, because the inference is made through a subjective lens. The paper (...) presents structured legal balancing (and hence reasoning) based on Bayes’ theorem. This paper, based on the connection between probability and hypothetical legal norms, transfers the four-part structure of proportionality into the relevant four-part structure of the Bayes tree. This transfer shows the first as flawed due to its failing to consider means that can have the same effects as the considered ones. Only by inclusion of the latter can the total probability of a considered case be established. Numerical proportionality à la Bayes can be further improved through the use of public-value weights that are obtained from surveys or online communities of people giving weights in the real time (collective wisdom). The Bayesian approach can also be used in adjudication as a control in assessing judicial standards in use. (shrink)

This chapter contains sections titled: Hegel's Empty Formalism Objection and the Concessive Kantian Response Hegel's Intuitionism: Against a “Supreme Principle of Morality” Kant on the Supreme Principle of Morality: Socratic or Pythagorean? Kant and Hegel: A Reconciliation? Acknowledgments Notes Abbreviations References.

From three simple Peircean semeiotic principles, the general formula is derived for the number of definable sign-types from the number of semeiotic trichotomies to be used in defining the sign-types. If k is the number of such trichotomies, then [ ]/2 is the number of sign-types definable by appealing to them. The significance of the derivation lies in its setting constraints on particular detailed theories of sign-types.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant's Theory of Virtue: The Value of AutocracyRobert B. LoudenAnne Margaret Baxley. Kant's Theory of Virtue: The Value of Autocracy. Cambridge-New York: Cambridge University Press, 2010. Pp. xvi + 189. Cloth, $85.00.Back in the early 1980s, Anglophone philosophers began to seriously explore the nature and role of virtue in Kant's ethics. This development itself was the result of a confluence of three other phenomena: (1) the growing influence (...) of virtue ethics within contemporary ethical theory; (2) the simultaneous publication of the first two complete English translations of Kant's important late work, The Doctrine of Virtue (Tugendlehre); and (3) repeated claims made by virtue ethicists that Kant had denied the importance of virtue for ethical theory.Anne Margaret Baxley's book, Kant's Theory of Virtue, is the most informative and comprehensive discussion of the nature and role of virtue in Kant's ethics currently available. Making careful use of the relevant Kantian texts (including not only Kant's published works but also lecture transcriptions from his ethics courses and some of his unpublished notes and reflections on ethics and religion), an important text by Friedrich Schiller (Über Anmut und Würde), one of Kant's early Romantic critics, as well as a wide swath of contemporary [End Page 142] secondary literature written by virtue ethicists as well as Kant scholars, Baxley demonstrates incisively that virtue, far from being neglected by Kant, is vitally significant to his ethical theory.Baxley's distinctive approach to Kant's conception of virtue is signaled in her subtitle: The Value of Autocracy. Autocracy—understood here as rational self-rule over sensibility—is, Baxley holds, "the overriding metaphor throughout Kant's treatment of virtue as a character trait, and it provides the key for understanding his particular conception of virtue" (52). This accent on autocracy results in a somewhat sterner Kantian virtue ethics than others have argued for. As Baxley herself notes, "[A]t first glance, autocracy looks as if it amounts to a rigid, repressive form of self-rule, one requiring the suppression or wholesale extirpation of sensible feelings and inclinations" (49). In an effort to show that first appearances are in this case deceiving, Baxley stretches the metaphor of autocracy (or, as she puts it, "reconstructs" Kant's claims about virtue) into the following three-pronged theory:[A]utocracy involves containing feelings and desires at odds with duty (the containment model), but it also involves maintaining feelings and inclinations to accord with moral concerns (the maintenance model), as well as cultivating feelings and inclinations that promote morally good ends (the cultivation model).(173; see also 126–36)Strictly speaking, however, when Kant himself uses the term ‘autocracy' (‘Autokratie') in discussing virtue (and he actually only does so once in his published writings—other terms such as ‘moral strength' [‘moralische Stärke'] and ‘courage' [‘Tapferkeit'] are used much more often), it refers exclusively to what Baxley calls the containment model, not the maintenance model or the cultivation model. Autocracy, Kant states in the Tugendlehre, "comprises a consciousness of the capacity to become master of one's inclinations that oppose the law" (6.383). Nevertheless, even if Baxley is asking the metaphor of autocracy to carry a bit more weight than Kant intended, her own reconstruction of Kant's theory of virtue is very well articulated and defended. And she is certainly correct in holding that Kantian virtue, correctly considered, entails not merely containing those feelings and desires that are opposed to duty, but also maintaining and cultivating those that are conducive to the moral life.Three important, interrelated aspects of her account that deserve highlighting are the following:Virtue and radical evil. Kant's account of radical evil, as presented in part 1 of Religion within the Boundaries of Mere Reason, forms an integral but underexplored component of his theory of virtue, and his belief in the existence of a universal human propensity to evil is the clearest example of how his understanding of virtue differs from the more familiar Aristotle-inspired accounts favored by contemporary virtue ethicists. As Baxley correctly emphasizes, on Kant's view virtue is "a corrective... to our propensity to evil... (shrink)

In , Sartre elevates the premature death of his father to the rank of a providential event which, by depriving him of a Super-Ego and relieving him of any legacy, consigned him to contingency and condemned him to be free. In this way, Sartre derives his uniqueness from this happy lack, this salutary void, i.e. a negated father, and casts himself in the role of an Aeneas liberated from the weight of his Anchises. Fatherless son, Sartre was nonetheless condemned (...) to return incessantly to a father who was destined to remain imaginary. The omnipresence of paternal figures in his oeuvre, from “Childhood of a Leader” to by way of and , is the expression of a double project, as systematic as it is paradoxical: to incarnate the Father, interrogate him and place him centre-stage—as he does with Flaubert's father—in order to eliminate all the better, through an unrelenting prosecution, that of which the Father is, in Sartre's view, the crystallization: the past, inheritance, the temptation of inauthenticity, the alienation of freedom by a foreign power. The Sartrean Father reveals in a privileged way the heart-rending paradoxes of freedom. French Dans Les Mots , J.-P. Sartre hisse la mort précoce de son père à la hauteur d'un événement providentiel qui, le privant de Surmoi et le délestant de tout héritage, le livra à la contingence et le condamna à être libre. Ainsi Sartre tire sa singularité de ce manque heureux, de ce vide salutaire, un père nié, et se dépeint en Enée libéré du poids de son Anchise. Fils sans père, Sartre n'en fut pas moins condamné à revenir sans fin à ce père voué à demeurer imaginaire : l'omniprésence des figures paternelles dans son œuvre, de L'Enfance d'un chef à L'Idiot de la famille , en passant par Le Scénario Freud et Les Séquestrés d'Altona , est l'expression d'un double projet, aussi systématique que paradoxal : incarner le Père, l'interroger et le mettre en scène - ainsi du père de Flaubert -, pour mieux liquider, par une mise en procès permanente, ce dont la figure du Père est, à ses yeux, la cristallisation : le passé, l'héritage, la tentation de l'inauthenticité, l'aliénation de la liberté par une puissance étrangère. Le Père sartrien se révèle dès lors comme le révélateur privilégié des paradoxes déchirants de la liberté. (shrink)

In just proportional exchange, under Aristotle's theory of reciprocal justice, superior sharers in a community materially assist the weaker, and receive honour as a reward. Aristotle's economic thought is represented with a system of 18 formulae. Explained are: (1) What Aristotle means when he says that it is impossible for two sharers or their erga to be commensurable; (2) The extent to which the variables in Aristotle's proportions can be quantified. (3) What diagonal pairing ( ?ατ δ? ??τ?o? σ ??????) (...) is; (4) How need makes sharers and their erga ?sufficiently' commensurable; and (5) Aristotle's theory of what is just in exchange. (shrink)

A prefrontal control system that is less mature than the limbic reward system in adolescence is thought to impede self-regulatory abilities, which could contribute to poor dietary choices and obesity. We, therefore, aimed to examine whether structural morphology of the prefrontal cortex and the amygdala are associated with dietary decisions and obesity in children and adolescents. Seventy-one individuals between the ages of 8–22 years participated in this study; each participant completed a computer-based food choice task and a T1- and T2-weighted (...) structural brain scans. Two indices of obesity were assessed, including age- and sex-specific body mass index and waist-to-height ratio. The behavioral task included rating 60 food stimuli for tastiness, healthiness, and liking. Based on each participant’s self-ratings, 100 binary food choices were then made utilizing a computer mouse. Dietary “self-control” was calculated as the proportion of trials where the individual chose the healthier food item over the total number of trials. Cortical thickness and amygdala subnuclei volumes were quantified using FreeSurfer 6.0 and CIT168 atlas, respectively. We found that WHtR was negatively associated with the thickness of bilateral superior frontal, left superior temporal, right insula, and right inferior temporal regions. We also found WHtR to be positively associated with the volume of the central nucleus region of the amygdala, after adjusting for the hemisphere, age, sex, and intracranial volumes. A similar data pattern was observed when BMIz was used. Moreover, we found that across all participants, thinner right superior frontal cortex and larger left CEN volumes predicted lower dietary self-control. These results suggest that differential development of the PFC and amygdala relate to obesity and dietary self-control. Further longitudinal studies are merited to determine causal relationships among altered PFC to amygdala neural circuitry, dietary self-control, and obesity. (shrink)

Postural instability in Parkinson’s disease (PD) is characterized by impaired postural responses to transient perturbations, increased postural sway in stance and difficulty transitioning between tasks. In addition, some studies suggest that loss of dopamine in the basal ganglia due to PD results in difficulty using proprioceptive information for motor control. Here, we quantify the ability of subjects with PD and age-matched control subjects to use and re-weight sensory information for postural control during steady-state conditions of continuous rotations of the (...) stance surface or visual surround. We measure the postural sway of subjects in response to a pseudorandom, surface-tilt stimulus with eyes closed, and in response to a pseudorandom, visual-tilt stimulus. We use a feedback control model of the postural control system to interpret our results, focusing on sensory weighting as a function of stimulus amplitude. We find that subjects with PD can re-weight their dependence upon sensory information in response to changes in surface- or visual-stimulus amplitude. Specifically, subjects with PD behaved like age-matched control subjects by decreasing proprioceptive contribution to stance control with increasing surface-tilt amplitude, and decreasing visual contribution with increasing visual-tilt amplitude. However, subjects with PD do not decrease their reliance on proprioception as much as age-matched controls for small increases in surface-stimulus amplitudes. Levodopa medication did not affect sensory re-weighting behaviors for postural control. The impairment in PD subject’s ability to respond differently to small changes in surface rotation amplitudes is consistent with an increased threshold for perceiving proprioceptive signals, which may result from decreased signal-to-noise in the dopaminergic pathways associated with sensory processing and/or sensory integration. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:121. HUME'S Of Scepticism with regard to reason: A STUDY IN CONTRASTING THEMES.* This paper attempts to describe the complex dialectical interplay among the contrasting rational, sceptical and naturalist elements which appear in Section I, Part IV of Book I of Hume's Treatise of Human Nature. At the same time we shall try to show that, contrary to Hume's own evaluation of that section, it is the sceptical element, (...) in which the unreliability of reason is supposedly demonstrated, as opposed to the naturalist element, in which its unreliability is supposed to remain hidden from us, that deserves to triumph. With these two goals in mind and in order to make it easier for the reader to follow the inevitable twists and turns of the dialectic, we have divided the paper into two three-sectioned parts. The first part bears the title "Reason and Scepticism", while the second part bears the title "Naturalism". The first section of Part I is concerned with proving that Hume's attempted reduction of all knowledge to probability is frustrated by his failure to explain how we can make mistakes in simple operations with small numbers. If so, the first phase of his sceptical assault against reason fails to dislodge her from her throne. If the second section is right, the second stage of the sceptical assault fares no better. For Hume's attempted reduction of all probabilities to zero is shown to rely on an unsatisfactory formula for calculating the probabilities in question. In the third section an effort is made to show that the attempted reduction of the second section, i_f it had been a success instead of a failure, would have destroyed reason but left scepticism intact. *I should like to thank Howard Sobel for his penetrating and unsparing criticism of an earlier version of this paper. 122. Hume's conviction, on the other hand, that the flawed reduction in question is unflawed and destroys both leads to a prolonged discussion, initiated in the first section of Part II, of his naturalism. Indeed, this theme dominates the rest of the paper. Thus it deserves a part to itself. If we are correct in the first section of Part II, Hume's naturalism is best interpreted as a doctrine of instincts relying for its doctrinal status upon a failure to accept the conclusion of the sceptical argument directed against reason. But, as we try to bring out in the second section, the specific psychological inability with which Hume could in the final analysis give substance to this failure of acceptance is left without any causal foundation. Finally, in the third section that inability is seen to run afoul of reason as Hume himself understands it. And note is taken of the fact that reason so understood and the sceptical argument directed against reason that Hume adopts for his own both commit him willy-nilly to rejecting for good or ill one standard definition of knowledge. Reason and Scepticism Nowhere are the rational elements in Hume's philosophy more in evidence, ironically enough, than in Section I, Part IV of Book I of the Treatise entitled Of Scepticism with regard to reason. For it is there we are told in the very first paragraph that in all demonstrative sciences the rules are certain and infallible. Our reason, moreover, must be consider ' d as a kind of cause, of which truth is the natural effect. (T180) In other words, reason, left to its own devices, would produce truth and, presumably, only truth. Anyone who steadfastly adheres to such principles will reject out of hand one kind of scepticism with regard 123. to reason. That is the kind which results from the alleged discovery that reason, left to its own devices, compels us to embrace one or more contradictions, an obvious form of 2 falsity. It is a kind of scepticism which Bayle cultivated so assiduously. And yet, despite the influence which Bayle 's writings exerted upon Hume, they never convinced him of the viability of this kind of scepticism. On the contrary, apart from some wavering in the Enquiry, he was as adamant as any Leibnizian rationalist that right reason3 ing leads only... (shrink)

continent. 2.2 (2012): 76–81 Comments on Eugene Thacker’s “Cosmic Pessimism” Nicola Masciandaro Anything you look forward to will destroy you, as it already has. —Vernon Howard In pessimism, the first axiom is a long, low, funereal sigh. The cosmicity of the sigh resides in its profound negative singularity. Moving via endless auto-releasement, it achieves the remote. “ Oltre la spera che piú larga gira / passa ’l sospiro ch’esce del mio core ” [Beyond the sphere that circles widest / penetrates (...) the sigh that issues from my heart]. 1 The axiomatic sigh of the pessimist is in a way the pure word of philosophy, a thought that thinks without you, speaks where you are not. The live pneumatic form of the soul’s eventual exit from the dead body’s mouth, the sigh restores consciousness to the funeral of being, to the passing away that is existence. Pessimism speaks in piercing aphorisms because first it sighs. “Beyond the sphere passeth the arrow of our sigh. Hafiz! Silence.” 2 … pessimism is guilty of that most inexcusable of Occidental crimes—the crime of not pretending it’s for real. To the pessimist, the ‘real’ world—the world on whose behalf we are expected to wake up in the morning—is a ceaseless index of its own unreality. The pessimist’s day is not an illumined space for the advancement of experience and action, but a permanently and inescapably reflective zone, the vast interior of a mirror where each thing is only insofar as it is, at best, a false image of itself. Within this speculative situation, inside the doubleness of the mirror, pessimism splits into two paths, false and true, one that tries to fix pessimism (establish a relation with the mirror) and decides in favor of the apparent real, and another that totally falls for pessimism (enters the mirror) and communes with the greater reality of the unreal. These two paths are distinguished by their relation to pessimism’s guilt vis-à-vis the world’s reality-project. The first form, that which remains pessimism for the world and puts on a smiling face, stays guilty to itself (i.e. unconscious) and thus turns hypocritical, becoming at once the pessimism of the commoner who really just wants things to be better for himself and the pessimism of the elite who wants to critically refashion reality in his own image. The general form of this worldly, hypocritical pessimism is the impulse to ‘make the world a better place’, which is the global mask under which the world is diurnally made worse. The second form, that which follows pessimism away from the world and ceases to put on a smiling face, refuses guiltiness as itself theessential Occidental mode of pretense and turns honest, becoming at once the intelligent pessimism required of all ordinary action and the radical pessimism necessary for self-knowledge: seeing that no one is capable of doing good. The general form of this universal, honest pessimism is the impulse not to worry, to give up and embrace dereliction, which is the only real way the world is actually improved. Where worldly pessimism is the engine productive of interminably warring secular and sacred religions (good-projects), universal pessimism strives hopelessly for the paradise of a supremely instantiated pessimus: things are getting so bad that there is no longer any time for them to get worse; things are so constantly-instantly worst that this is BEST. Cosmic pessimism is the mode of universal pessimism which can yet discourse with the world, which has not chosen silence and can spread the inconceivably BAD NEWS in an orderly form ( kosmos ) that the world can understand (if it wanted to). … the result of a confusion between the world and a statement about the world. That is what the world is (the result of a confusion between the world and a statement about the world). … a generalized misanthropy without the anthropos. Pessimism crystallizes around this futility—it is its amor fati , rendered as musical form. Pessimism’s love of fate is a blind love, a love of the blindness of being human in a cosmos conceived around the human’s eclipse, a heavy levitation in the contradictory space between the inescapability of its having been and the impossibility of its will-be. Pessimism’s song of futility is a sensible way of loving fate, with a minimum of eros, by means of a kind of matrimonial love of the fatal. As music, pessimism stays open to the irreparable and the inexorable without the binding of affirmation, in the apparent absence of the radical, infinitely surplus will that absolute amor fati seems to require. Crying, laughing, sleeping—what other responses are adequate to a life that is so indifferent? “Unless a man aspires to the impossible, the possible that he achieves will scarcely be worth the trouble of his achieving it. We should aspire to the impossible, to absolute and infinite perfection [….] The apocatastasis is more than a mystical dream: it is a norm of action, it is a beacon for high deeds [….] For true charity is a species of invasion [….] It is not charity to rock and lull our fellow men to sleep in the inertia and heaviness of matter, but rather to arouse them to anguish and torment of spirit.” 3 … the impossibility of ever adequately accounting for one’s relationship to thought. “The paroxysm of interior experience leads you to regions where danger is absolute, because life which self-consciously actualizes its roots in experience can only negate itself [….] There are no arguments [….] On the heights of despair, the passion for the absurd is the only thing that can still throw a demonic light on chaos [….] I live because the mountains do not laugh and the worms do not sing .” 4 It took three attempts before she was fully decapitated, all the while she continued, perhaps miraculously, to sing. According to the earliest account of Cecilia’s martyrdom, the beheading turns out worse. After not severing her head in three strokes, “the cruel executioner left her half dead” (seminecem eam cruentus carnifex dereliquit). 5 Cecilia’s effortlessly powerful endurance of the three strokes—a fitting icon for pessimism as an art of dereliction—demonstrates the “passivity and absence of effort [….] in which divine transcendence is dissolved.” 6 There’s a ghost that grows inside of me, damaged in the making, and there’s a hunt sprung from necessity, elliptical and drowned. Where the moving quiet of our insomnia offers up each thought, there’s a luminous field of grey inertia, and obsidian dreams burnt all the way down. Like words from a pre-waking dream. There is no reason to think that they are not. NOTES 1. Dante Alighieri. Vita Nuova . ed. and trans. Dino S. Cervigni and Edward Vasta. Notre Dame: University of Notre Dame Press. 1995. 41:10. 2. Hafiz of Shiraz. The Divan . trans. H. Wilberforce Clarke. London: Octagon Press. 1974. 10.9. 3. Miguel de Unamuno. The Tragic Sense of Life in Men and Nations . trans. Anthony Kerrigan. Princeton: Princeton University Press. 1972. 305-6. 4. E.M. Cioran. On the Heights of Despair . trans. Ilinca Zarifopol-Johnston. Chicago: University of Chicago Press. 1992. 9-10. 5. Giacomo Laderchi. S. Caeciliae Virg[inis] et Mart[yris] Acta. . . Rome. 1723. 38. 6. Georges Bataille. On Nietzsche . trans. Bruce Boone. London: Continuum. 2004. 135. See Nicola Masciandaro. “ Half Dead: Parsing Cecilia .” A Commentary on Eugene Thacker’s "Cosmic Pessimism" Gary J. Shipley Pessimism is the refusal to seek distraction, the refusal to remodel failure into a platform for further (doomed) possibilities, the refusal of comfort, the acceptance of the sickness of healthy bodies, the cup of life overflowing with cold vomit. If, as Ligotti suggests when discussing Invasion of the Body Snatchers , 1 humans prefer the anxieties of their familiar human lives to the contentment of an alien one, then the pessimist, we could argue, represents some perverted combination of the two, preferring (presuming he has a choice) the defamiliarization of human life to the contentment of its unquestioned mundanity. The quasi-religious state of mind that Wittgenstein would mention on occasion, that of “feeling absolutely safe,” 2 is a state the pessimist could only imagine being approximated by death, or perhaps some annihilative opiate-induced stupor. This Wittgensteinian commingling of certainty and faith looks every bit the futile gesture, a mere rephrasing of collapse or partial collapse. The only certainty open to the pessimist is that of the toxic formula of life itself—a formula known and lacuna-free. Certainty, far from being the gateway to deliverance, becomes the definitive impediment; and the possibility of salvation, as long as it remains, becomes crucially reliant on postulations of ignorance, epistemic gaps, a perennial incompleteness: “the perfect safety of wooed death […] the warm bath of physical dissolution, the universal unknown engulfing the miniscule unknown.” 3 The height of Leibniz’s Panglossian insanity nurtured the idea that our knowing everything—via the universal calculus—could be accurately described a triumph, as opposed to a nightmare in which our every futility is laid bare. Stagnancy and boredom are perhaps two of the greatest ills of Western civilisation, and the most potent pessimism tells you that you’re stuck with both. The most we can hope for, by way of salvation, is to throw open our despair to the unknown. The fact that Schopenhauer’s pessimism stopped short of morality and allowed him to play the flute, as Nietzsche complained, highlights the predicament of a man who despite having adorned nothingness with a smiling face still found himself alive. The demand here is that it be felt: a cross-contamination of intellect and emotion. The safety net of numerous parentheses makes for a failed philosophy, rather than a philosophy of failure. Depressives make bad pessimists, because, unless they choose to die, living will always infect them with necessities of hope, forcing them to find something, anything (all the various “as ifs”) to make existence tolerable. For as Cioran observed, while “[d]epressions pay attention to life, they are the eyes of the devil, poisoned arrows which wound mortally any zest and love of life. Without them we know little, but with them, we cannot live.” 4 And even when cured of our depressions we’ll find ourselves consumed, eaten alive by the hyper-clinical (borderline autistic) mania that replaces them: a predicament captured all too clearly in the microscriptual fictions of Robert Walser, where spectral men and women stifle their depressive madness with protective comas of detail, their failed assimilations buried beneath thick crusts of remote data. Like Beckett’s Malone their stories may have ended, but cruelly their lives have not. Pessimism is an extraneous burden (a purposeless weight) that makes everything else harder to carry, while at the same time scooping it out and making it lighter. If pessimism had a sound it would be the harsh non-noise of tinnitus—the way that every person would hear themselves if they refused their distractions long enough to listen: a lungless scream from the extrasolar nothing of the self. The music of pessimism—if indeed we can imagine such a thing—is the reverberating echo of the world’s last sound, conjectured but never heard, audible only in its being listened for. The one consolation of this hollow paradox of audibility being, that “he will be least afraid of becoming nothing in death who has recognized that he is already nothing now.” 5 The pessimist suffers a derangement of the real, a labyrinthitis at the nucleus of his being: he’s the stumbling ghost relentlessly surprised that others can see him. If Cioran’s refusal is manifested in sleep (when even saying ‘no’ is too much of a commitment), then Pessoa’s resides in the dreams inside that sleep. Pessoa chooses to exploit the fact that he’s being “lived by some murmuring non-entity both shadowy and muddied” 6 by growing more voids to live him. His is a Gnostic breed of sleep, “sleeping as if the universe were a mistake,” 7 a sleep that dreams through Thacker’s cosmic pessimism (“a pessimism of the world-without-us.”, “the unhuman orientation of deep space and deep time” 8 ), through the critical error of there being anything at all when there could be nothing. The metaphysical pessimist is someone who, however well life treats them, still desires to wake from it, as from the poisonous air of a bad dream. Pessimism is a paradox of age, being simultaneously young and old; its youth residing in a refusal to accept the authority of existence (its rich history, its inherent beneficence), a refusal to “get over” the horror of what it sees with its perpetually fresh eyes, and its maturity in the unceremonious disposal of the philosophical playthings (those futile architectures) of adolescence. As Thacker remarks: “Pessimism abjures all pretenses towards system—towards the purity of analysis and the dignity of critique.” 9 A sentiment shared with Pessoa, who duly categorizes those that choose to enact this futile struggle: “The creators of metaphysical systems and of psychological explanations are still in the primary stage of suffering.” 10 If the pessimist has shared a womb with anyone, it’s with the mystic and not the philosopher. As Schopenhauer tells us: “The mystic is opposed to the philosopher by the fact that he begins from within, whereas the philosopher begins from without. […] But nothing of this is communicable except the assertions that we have to accept on his word; consequently he is unable to convince.” 11 The crucial difference between the mystic and the pessimist is not the latter’s impassivity and defeatism, but his unwillingness/inability to contain in any way the spread of his voracious analyticity, his denial of incompleteness, his exhaustive devotion to failure. The truth of our predicament, though heard, is destined to remain unprocessed. Like the revelations of B.S. Johnson’s Haakon (“We rot and there’s nothing that can stop it / Can’t you feel the shaking horror of that?” 12 ) the pessimist’s truths are somehow too obvious to listen to, as if something inside us were saying, “Of course, but haven’t we gotten over that?” Pessimism is simple and ugly, and has no desire to make itself more complex or more attractive. The true moral pessimist knows that the Utilitarian’s accounts will always be in the red. He can see that for all his computational containments, his only honest path is a negative one, and that such a path has but one logical destination: that of wholesale human oblivion. Thacker notes how at the core of pessimism lies the notion of “the worst,” through which death is demoted by the all-pervasive suffering of a life that easily eclipses its threat. And so with doom made preferable to gloom, death begins to glint with promise, “like beauty passing through a nightmare.” 13 But even among pessimists suicide is, for the most part, thought to be an error. Schopenhauer, for instance, regarded suicide a mistake grounded in some fundamentally naïve disappointment or other. Pessoa too thought suicide an onerous escape tactic: “To die is to become completely other. That’s why suicide is a cowardice: it’s to surrender ourselves completely to life.” 14 There is a call here to be accepting of and creative with the puppetry of your being, an insistence that it’s somehow a blunder to attempt to hide in death from the horrors you find inlife. 15 Tied up with this perseverance is the slippery notion of the good death, for maybe, as Blanchot warns, suicide is rarely something we can hope to get right, for the simple reason that “you cannot make of death an object of the will.” 16 “Even in cases where the entire corpus of an author is pessimistic, the project always seems incomplete,” 17 and this is not simply because the project itself belies something yet to be disclosed, but because the project itself is a thing waiting. It waits on a cure it knows will not come, but for which it cannot do anything (as long as it continues to do anything) but wait. NOTES 1. See Thomas Ligotti. The Conspiracy Against the Human Race . New York: Hippocampus Press. 2010. 91. 2. Ludwig Wittgenstein. “A Lecture on Ethics.” Philosophical Review . (74) 1. 1965. 8. 3. Vladimir Nabokov. Pale Fire . New York: Vintage. 1989. 221. 4. E. M. Cioran. The Book of Delusions . trans. Camelia Elias. Hyperion. 5.1. (2010): 75. 5. Arthur Schopenhauer. The World as Will and Representation. vol. 2 . trans. E .F J. Payne. New York: Dover. 1966. 609. 6. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 67. 7. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 35. 8. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 68. 9. Ibid. 73. 10. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 341. 11. Arthur Schopenhauer. The World as Will and Representation. vol. 2 . trans. E .F J. Payne. New York: Dover. 1966. 610-11. 12. B.S Johnson. “You’re Human Like the Rest of Them.” in Jonathan Coe. Like a Fiery Elephant: The Story of B.S. Johnson . London: Picador. 2004. 177. 13. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 415. 14. Ibid. 199. 15. “Suicide is, after all, the opposite of the poem.” Anne Sexton. No Evil Star: Selected Essays, Interviews and Prose . ed. Steven Gould Axelrod. Ann Arbor: University of Michigan Press. 1985. 92. 16. Maurice Blanchot. The Space of Literature . trans. Ann Smock. Lincoln: University of Nebraska Press. 1989. 105. 17. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 75. (shrink)

Evidence suggests that one reason doctors provide certain interventions in assisted reproductive technologies (ART) is because of patient demand. This is particularly the case when it comes to unproven interventions such as ‘add‐ons’ to in vitro fertilisation (IVF) cycles, or providing IVF cycles that are highly unlikely to succeed. Doctors tend to accede to demands for such interventions because patients are willing to do and pay ‘whatever it takes’ to have a baby. However, there is uncertainty as to what moral (...) weight should be placed on patient‐led demands in ART, including whether it is acceptable for such demands to be invoked as a justification for intervention. We address this issue in this paper. We start by elucidating what we mean by ‘patient‐led demand’ and synthesise some of the evidence for this phenomenon. We then argue that a doctor's professional role morality (PRM) yields special responsibilities, particularly in commercialised healthcare settings such as ART, because of the nature of professions as social institutions that are distinct from markets. We argue on this basis that, while there may be reasons (consistent with PRM) for doctors to accede to patient demand, this is not always the case. There is often a gap in justification between acceding to patient‐led demands and providing contested interventions, particularly in commercial settings. As a result, acceding to demand in such settings needs a strong justification to be consistent with PRM. (shrink)

In this essay I offer a new interpretation of Kant’s discussion of “the old formula of the schools” in the Critique of Practical Reason – “nihil appetimus, nisi sub ratione boni; nihil aversamur, n...

The deflationary aim of this book, which occupies Part I, is to show that a widely held view has little to be said for it. The constructive aim, pursued in Part II, is to make plausible a measure-theoretic account of propositional attitudes. The discussion is throughout instructive, illuminating and sensitive to the many intricacies surrounding attitude ascriptions and how they can carry information about a subject's psychology. There is close engagement with cognitive science. The book should be read by anyone (...) seriously engaged with issues about propositional attitudes.According to the widely held view, which Matthews calls the Received View, the attitude of Φing that p is a matter of standing in a computational/functional relation to an explicit Representation that expresses the proposition that p, and thinking is ‘an inferential computational process defined over one or more of these Representations that eventuates in the production of either another Representation or a behavior’. The representations are understood to be sentences in a language of thought and thus to have a compositional syntax and semantics. The theory that Matthews aims to make plausible has it that ascriptions of propositional attitudes in the form ‘X Φs that p’, ascribe a state to a person by relating that person to an abstract object that is the representative of the state in roughly the way that numbers on a scale are the measure-theoretic representations of certain physical magnitudes. We are to think of the role of ‘Jones believes that interest rates will fall’ by analogy with that of ‘Jones weighs 150lbs’. The latter depends on there being arithmetical relations defined over numbers that enable its particular assignment of a number to Jones's weight to represent physical properties that Jones has in virtue …. (shrink)