This chapter contains sections titled: Externalist Accounts Internalist Accounts Descriptivist Accounts Naturalized Jurisprudence Conclusion References.

Parkinson's disease (PD) is characterized by the loss of the dopaminergic nigrostriatal pathway which has led to the successful development of drug therapies that replace or stimulate this network pharmacologically. Although these drugs work well in the early stages of the disease, over time they produce side effects along with less consistent clinical benefits to the person with Parkinson's (PwP). As such there has been much interest in repairing this pathway using transplants of dopamine neurons. This work which began 50 (...) years ago this September is still ongoing and has now moved to first in human trials using human pluripotent stem cell‐derived dopaminergic neurons. The results of these trials are eagerly awaited although proof of principle data has already come from trials using human fetal midbrain dopamine cell transplants. This data has shown that developing dopamine cells when transplanted in the brain of a PwP can survive long term with clinical benefits lasting decades and with restoration of normal dopaminergic innervation in the grafted striatum. In this article, we discuss the history of this field and how this has now led us to the recent stem cell trials for PwP. (shrink)

This paper will examine a claim that nursing is united by its moral stance. The claim is that there are moral constraints on nurses' actions as people practising nursing and that they are in some way different from both what for now can be called standard morality and also different from the person's own moral views who also happens to be a nurse, hence the defining and unifying factor for nursing. I will begin by situating the claim within the broader (...) area about the need for a definition to state features that are essential to all and only members of its class. This will highlight the fact that there are two distinct types of definition used by authors seeking to find a unity for nursing. One type of definition has to do with goals or purposes given to nursing and the other with ends discovered as nursing. But even if there are ends waiting to be discovered a particular practical concern is how we can have knowledge of them. I will suggest that knowledge by intuition is plausible but that as things currently stand in moral epistemology it will not provide the unifying ground for nursing. Then I will argue that in the latter approach to definition a certain account of human nature has been advanced in order to provide features that are there to be discovered and so not dependent on human beings for the definition or classification. However, such an attempt to define nursing cannot do what is wanted. Rather than the account of human nature grounding morality and doing so for nursing, the account of human nature itself relies upon a prior account of morality. Because of this it loses its supposed ground of unity for the profession. Nursing is not united by its moral stance especially if this is understood in a strong sense as unique moral stance, but as things currently stand in moral epistemology this is not necessarily a bad thing for practitioners or patients. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Self-Predication and the "Third Man" Argument ROGER A. SHINER 1.1. IN COMMPm'mO on the 'Third Man' Argument (TMA), Proclus z produces the following line of thought. He argues that. if the relation of resemblance between Form and particular were symmetrical, the argument in question would be valid; the relation is not, however, symmetrical. Where a Form and particular are both alike, have the quality of likeness, the likeness (...) of that which is derived is not the same as the likeness of that from which it is derived, just because of the former's derivatory nature. Consequently, ~k tt~v ala01]x~ bttotoi3c0at ~re[vot~ (sc. xo~ ~Semv), abx~ 8~ xo6~ot~ oSr~xt, 'the sensible particulars resemble the Forms, but they are not in the same relation of resemblance to the particulars' (ibid., 913.29-30). That is to say, the bare relation of similarity may be symmetrical, but the relation of a similar copy to a similar original is not; the copy is 'a copy of' the original, but the original/s not 'a copy of' the copy. This way of defending the Theory of Forms against the TMA I shall for purposes of identification call the 'Ontological Defence'. It lays stress on the ontological difference between Form and particular in order to avoid the fatal implication that the relation between them is symmetrical. If we use the language of predication, the point is as follows: the TMA is valid, if the Forms have a given term predicated of them severally in exactly the same sense as it is predicated of their respective dependent particulars. This, however, is not the case, for the quality in virtue of which a given term is predicated of a given Form differs in ontological status from the quality in virtue of which that term is predicated of that Form's dependent particulars. Thus we see that underlying the Ontological x I am grateful for helpful comments on an earlier version of this paper to Professor Gilbert Ryle, Professor John F. Malcolm and two anonymous readers for this Journal. Since this paper went to press, the following relevant articles have appeared: G. Vlastos, "'Self Predication' in Plato's Later Period," Philosophical Review, LXXVIII (1969), 74-78, and "Plato's 'Third Man' Argument (Parm. 132al-b2): Text and Logic," Philosophical Quarterly, XIX (1969), 289-301; K. W. Rankin, "The Duplicity of Plato's Third Man," Mind, LXXVIII (1969), 178-197; T. O. Smith, "'The Theory of Forms, Relations and Infinite Regress," Dialogue, VIII (1969), 116-123. 2 Proelus, In Platonis Parmenidem, ed. V. Cousin, Paris, 1864; 912.27 ft. [3711 372 HISTORY OF PHILOSOPHY Defence is the following assumption--the fact that the Forms are self-predicating only causes problems for the Theory of Forms, if a given Form F and its corresponding particulars, a set of f things, have 'F' predicated of them univocally, are F in precisely the same sense. My thesis in this paper is that this latter assumption is false, it is, rather, quite sufficient for the Self-Predication Assumption (SPA) to be vicious, if 'F' is predicated of both Form and particular not equivocally. This is not the same as 'univocally', and furthermore it is not possible that Plato could have thought of the predication of a term of both Form and particular as equivocal, the only alternative left to him to escape the TMA. The SPA, therefore, is required for the Theory of Forms to make sense, and leads to an ineradicable defect in that Theory. 1.2. One minor terminological point must be noted before we proceed. There are two versions of the TMA in the Parmenides; the first runs from 131eS-132b2, and the second from 132c11-133a7. The second of these explicitly employs the language of copy-resemblance, 7mpdS~tytm ('paradigm'), 6lxoio)tta ('likeness'), ~tKao0~vat ('resemble') as an explication of ~t~0e~tq ('participation'): the first employs the lan~.,uage of cttx6 ~ xai3xa.., eIvat ('that by which things are...'), which, as Plato has already indicated (Phaedo 100d6-8), is deliberatety noncommittal as to the relation between Forms and particulars. I shall refer to the first argument as TMA(1) and the second... (shrink)

Roger A. Shiner; VII*—Wittgenstein and the Foundations of Knowledge, Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 103–124, ht.

A model for the quantum measurement of the electronic current in a Josephson junction is presented and analyzed. The model is similar to a Stern-Gerlach apparatus, relying on the deflection of a spin-polarized particle beam by the magnetic field created by the Josephson current. The aim is (1) to explore, with the help of a simple model, some general ideas about the nature of the information which can be obtained by measurements upon a quantum system and (2) to find new (...) approaches for obtaining information about the nature of the states of a macroscopic quantum system. In the case of sufficiently strong coupling between the system and the apparatus, we find that the model provides in principle a standard ideal measurement of the value of the instantaneous Josephson current. In the case of weak coupling, where the measurement is not ideal, we show that the scattering of neutrons from a junction can in principle be used to measure the average value of the Josephson current, thereby allowing an experimental distinction to be made between an eigenstate of relative phase and one of relative Cooper pair number. The possibility of the latter type of measurement suggests an experimental approach to answer a question of fundamental interest, namely whether two isolated superconductors (or superfluids) possess a definite relative phase or a definite relative number of superconducting (or super/lowing) particles. (shrink)

Charles Sanders Peirce developed a mature Christian faith under the influence of his father Benjamin Peirce and Frederic Dan Huntington, a teacher and pastor at Harvard. Peirce’s Christian self-understanding and concern shape the development of his philosophical logic as well as the development and refinement of pragmatism.

The article is a review of A.P. Simester, ed., Appraising Strict Liability. We strongly recommend the book for the sophistication of the contributors’ analyses, and the contribution the book makes to clarifying the normative issues at stake in strict liability legal regimes. The review focuses on the more philosophical essays in the book. The specific issues from the book identified in the review are: the rights-based character of the prohibition on conviction without moral fault; the importance of the principle of (...) proportionality; due diligence defences; the instrumental worth of strict liability in relation to quasi-criminal regulation; the faultiness of genuinely creating risks. (shrink)

As more criminals are imprisoned, other individuals change their behavior to replace them, as predicted by the theory of strategic behavior. The physiological correlates of sociopathy suggest that research in cognitive neuroscience can lead toward a solution. Promising pathways include building upon current knowledge of self-deceit, the independence of positive and negative emotions, the lateralization of risk and caution, and the conditions promoting prosocial behavior.

Tom Stoppard is justly praised by many for what are perceived as his technical skills as a dramatist—his wit, his seriousness, his mastery of parody and pastiche, his impressive control of dramatic structure. Stoppard earns his place as a giant of modern drama from these qualities. They, however, are not what concern me here. His plays are also in various ways riddled with philosophy. My purpose in this paper is to examine the claim that he is a philosopher's dramatist, rather (...) than a dramatist's dramatist or an ordinary thinking man's dramatist. I am not concerned with how far Stoppard himself as a matter of biographical fact may wish to make this claim, although Stoppard has made no secret of his fascination with Philosophy. I make the claim myself in order both to offer an interpretation of certain dramatic texts and to raise certain questions about philosophical method. I hope to show that to understand certain ways in which Stoppard's plays are philosophical is to appreciate something profound about the way in which philosophy and drama are akin—that is, I hope to make critical and philosophical points, not historical or biographical points. (shrink)

Within the nursing ethics literature, there has for some time now been a focus on the role and importance of character for nursing. An overarching rationale for this is the need to examine the sort of person one must be if one is to nurse well or be a good nurse. How one should be to live well or live a/the good life and to nurse well or be a good nurse seems to necessitate a focus on an agent's character (...) as well as actions because character is (for the most part) expressed in action (e.g. seeLaird). This paper will give an overview of the reasons for the role and importance of character in nursing practice and explain its relation to nursing's frequent use of virtue ethics in order to recommend caution. While the paper agrees that the role of character is important in nursing caution is needed in both how much moral and thus normative, emphasis is being placed on the psychology of character and on the drift to virtue ethics. The psychological which may be explanatory needs to be linked with the normative, and a justification for the normative is needed. A justification as virtue ethics is contested, and nursing practice does not need to take on this explanatory and justificatory burden.A tentative proposal raised but not discussed in depth in this paper is that when an ultimate explanation or explanatory ground is needed, nursing practice leads quite naturally to a form of consequentialism as well as a realist metaethic. On this account, there are two levels of moral thinking, and nursing practice entails the virtues at one level and leads quite naturally to moral thinking at another more critical level of the criterion of what makes something right and good independently of character. (shrink)

While concurring that the evidence from individual differences supports a Meliorist view in the rationality debate, this commentary suggests that (1) the evidence does not clearly support a two-systems interpretation against an interpretation in terms of idiosyncratic differences in mental models, and that (2), especially where interactional processing is concerned, evidence from experimental game theory should also be considered.

Abstract.Legal philosophy must consider the way in which laws function as reasons for action. “Simple positivism” considers laws as merely reasons in the balance of reasons. Joseph Raz, as a representative of “sophisticated positivism,” argues that laws are exclusionary reasons for action, not merely reasons in the balance of reasons. This paper discusses Raz's arguments for his view. The Functional Argument provides no more reason for positivism than against it. The Phenomenological Argument is best supported by an account of how (...) character traits function in explaining behaviour. But then the distinction between exclusionary reasons and expressive reasons is obliterated. Legal positivism cannot absorb laws as expressive reasons for action. Raz's positivism implies the correctness of an anti‐positivistic legal theory. (shrink)

Philip Hefner's work on created co‐creator is presented for consideration as a contemporary theological anthropology. Its reception within the Evangelical Lutheran Church in America falls into three main lines, which are reviewed here because they are suggestive of its potential impact on Christian thinking. This review raises two major questions and leads to a critique. The first question is whethercreated co‐creatorshould be replaced by another term for the sake of more clearly encapsulating the ideas represented in Hefner's work. The second (...) question concerns the moral “payoff” of created co‐creator. Such questions lead to the critique that Hefner's corpus gives insufficient attention to responsibility as integral to freedom and that it lacks a theory of obligation. I then sketch the amenability and benefit of linking created co‐creator with “responsibility ethics,” exemplified by the work of Hans Jonas. (shrink)

How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...) norms. Another kind of answer is that the criminal law as it stands presupposes certain empirical facts, and yet those facts do not hold. Traditionally, criminal law reform has been informed by both these answers. Analytical theorists examine doctrine for its conceptual structure, and social scientists examine the actual workings of the criminal justice system. This tidy picture is, however, challenged by social constructivist accounts of the criminal law. They challenge the stability and conceptual purity of doctrine, and they challenge the objectivity of social science. On the basis of these challenges, they undermine the ambitions of traditional criminal law reform, and argue that the only reforms to the criminal law that matter are politicized ones—that criminal law reform is pointless unless it serves the interests of the marginalized and the dispossessed. It seems undeniable that in some sense our perceptions of crime in our society are indeed moulded by social forces, and that crime does not exist independently of the social structures and processes that help to define and control it. But why should those insights have the implications for our understanding of criminal law reform that they are alleged to have? How could it follow from those insights that criminal law reform either becomes radicalized or valueless? The aim of this paper is to show that what can legitimately be taken from the emphasis on the social constructedness of crime does not require wholesale abandonment of the traditional picture of criminal law reform, even though it may require some modifications of that picture. (shrink)

The remarks that critics make about works of art are various in character. Some of them are strictly interpretative—for instance, The Lord of the Rings may be claimed to be an allegorical representation of the Gospel Story; the slow movement of a symphony may be said to express a period of calm after a revolution; a painting may be said to depict the horrors of war. Some may be biographical—that the play was written in 1654, that the poem was written (...) while the poet was in love, that the sculpture was commissioned by the Canada Council. Some may be autobiographical—that the 7th has always been one's favourite Beethoven symphony, that one identifies with Joe in Room at the Top, that Medea was the first tragedy one saw performed in the original Greek. Some are ‘descriptive’ in the philosopher's sense, ‘matters of fact’—that the narrator is a senior civil servant, that the painting is all in pastel colours, that the conductor has not played all the repetitions. Some invoke formal structural principles—that the doors are in classical proportions, that the work's catastrophe is deferred to the finale, that the poem is in iambic pentameters. Some are concerned with the exposition of technique—that the spaciousness is suggested by the use of open fifths, that speed is portrayed by making the moving object sharper than anything else in the picture, that the effect of a sculpture is achieved by the use of metallurgically distinct materials. I wish to concentrate on a type of remark found frequently in art criticism, which defies reduction to any of the kinds mentioned above. The following are typical instances:That picture will not, at the first glance, deceive as a piece of actual sunlight; but this is because there is more in it than the sunlight, because under the glazing veil of vaulted fire which lights the vessel on her last path, there is a blue deep, desolate hollow of darkness, out of which you can hear the voice of the night wind, and the dull boom of the disturbed sea; because the cold deadly shadows of twilight are gathering through every sunbeam, and moment by moment as you look, you will fancy some new film and faintness of the night has risen over the vastness of the departing form. (shrink)

H. L. A. Hart’s The Concept of Law (Hart 1994) contains many passages that have become iconic for legal theory. This essay focuses on Chapter 7, sections 1 and 2, and Hart’s comments about judicial discretion in the context of Ronald Dworkin’s well-known attack on the idea of judicial discretion in his essay “The Model of Rules”. Specifically, the paper undertakes three projects. The first project is to defend the importance of the fundamental picture that Hart presents in Concept, Chapter (...) 7 of Common-Law judicial rule-making. Hart represents such rule-making as a balance of certainty and flexibility, and he is correct to do that. The second project is to argue that Dworkin’s attack on the positivist model of common-law judicial rule-making as an exercise of “strong discretion” fails. The idea, central to the meaning of “strong discretion” that courts are not “not bound by standards set by the authority in question” cannot be established. The third is to argue that Hart is his own worst enemy. The language, metaphors and images he uses to present his account of common-law judicial rule-making open the way to Dworkin’s critique. They also reveal Hart, if the language, metaphors and images are taken seriously, to be precisely the kind of formalist or deductivist about adjudication that he is ostensibly in Concept Chapter 7 criticising.Resumen:El concepto de derecho (1994) de H. L. A. Hart, contiene muchos pasajes que se han convertido en íconos de la teoría jurídica. Este artículo se concentra en el capítulo 7, sección 1 y 2, y en los comentarios que realizara Hart sobre la discreción judicial en el contexto de la bien conocida crítica de Dworkin a esta misma idea en su ensayo “El modelo de las normas”. Específicamente, el artículo emprende tres proyectos. El primero de ellos consiste en defender la importancia del esquema fundamental que ofrece Hart en el capítulo 7 de su obra, esto es, la creación judicial de normas en el Common Law. Hart representa tal creación de normas como un balance de certeza y flexibilidad; y él está en lo correcto al presentarlo de tal modo. El segundo proyecto consiste en argumentar que la crítica de Dworkin al modelo positivista de la creación judicial de normas en el Common Law, como un ejercicio de “discreción fuerte”, no está sustentada. La idea —central para el significado de “discreción fuerte”— de que los tribunales no están “sujetos a criterios establecidos por la autoridad en cuestión” no puede ser establecida. El tercer proyecto consiste en argumentar que Hart es su peor enemigo. El lenguaje, las metáforas e imágenes que emplea para exponer su teoría de la creación judicial de normas en el Common Law abre la puerta a la crítica dworkiniana. Si tomamos en serio el lenguaje, las metáforas y las imágenes, encontraremos a un Hart del tipo formalista o deductivista sobre la adjudicación, justo como el que él mismo está abiertamente cuestionando en el capítulo 7 de El concepto. (shrink)