Aristotle is one of the greatest philosophers who have written on the nature of man. And when he chose to write on man and his pursuit of happiness, he did it by describing carefully the virtues which together constitute the good life. He tells us that moral virtue in general is a habit of choice, essentially consisting in the preservation of the mean, relatively to the persons concerned, as determined by rule, i.e., by the rule by which the prudent man (...) would determine it. In the pursuit of true happiness, then, we must be guided by the prudent man. Hence the importance of prudence in the moral life. For Aristotle, as for St. Thomas, prudence is the auriga virtutum. It deserves careful study, and indeed, it has been studied profoundly by both Philosopher and Theologian. They are in agreement for the most part, but on one point at least they differ greatly. For a better understanding of a virtue Aristotle very often describes the corresponding vice. The contrast of virtue and vice is looked upon as an Aristotelian technique. But there is one vice to which Aristotle devotes no attention: the vice of imprudence. St. Thomas, on the other hand, has no hesitation in treating specifically of the vice of imprudence, its special place and its various parts. (shrink)

The philosophical faculty of the Jesuit Berchmanskolleg in Pullach has long since made its mark in the publishing world, and the new series of philosophical studies from Father Lotz and his associates, of which these two volumes are an auspicious beginning, shows every sign of living up to the high standard we have come to expect. Volume I is a collection of five essays: a comparison between the Thomistic and Kantian theory of knowledge, by Fr. de Vries; the transcendental method (...) in Kant and in Scholasticism, by Fr. Lotz; the Absolute in the Kritik der reinen Vernunft, by Fr. Brugger; formalism in Kant’s ethics, by Dr. Schmucker; and the relationship between Kant and Heidegger, by Fr. Coreth. It concludes with a particularly useful bibliography of scholastic literature on Kant between 1920 and 1955, compiled by Fr. Brugger. After Jansen, Maréchal is the scholastic writer with most published studies on Kant to his credit, and it is not surprising that his influence should make itself felt in the present volume. His monumental Le point de départ de la métaphysique marked a definite turning–point in the scholastic attitude towards Kant, and one has only to read this collection of studies to realise how the atmosphere has changed in the course of the last fifty years. Fr. de Vries devotes almost two–thirds of his essay to what St. Thomas and Kant hold in common with regard to the discursive nature of human understanding, the structure of the sense–image and its relation to the intellectual concept, though he also brings out the fundamental difference between the two on the questions of self–consciousness, natural theology and the reality of the external world. Not only does he show a healthy respect for the many grains of truth in the philosophy of Kant, but he insists that Thomists have much to learn from the German philosopher on the question of strict, critical method. Scholastics of the traditional school were satisfied with what Fr. Lotz describes as the “objective method” and rejected the “subjective” as smacking of subjectivism or idealism. In the longest essay of the five, Fr. Lotz compares the Kantian and Scholastic methods. Kant himself described his Kritik der reinen Vernunft as a “treatise on method rather than a scientific system”, and in the course of the book he condemns the objective approach as dogmatic and uncritical, leaving only the subjective method, which rules out any possibility of metaphysics. Fr. Lotz rightly asserts that even the most modern scholastic cannot dispense with the objective method, but he maintains that it demands to be completed by the subjective. Many scholastics will agree with him on the usefulness of the latter, and indeed an amount of research has been done in this field in recent decades. But how many will agree when he says that scholastic objectivism includes the subjective or transcendental method as the only way, or the only basis on which objectivism can stand? Maréchal’s influence is evident in his treatment of the faculties of the soul. But, however one may quibble at individual points in the book, it nevertheless remains a very valuable contribution to the scholastic literature on Kant. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...) lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE USE OF SCRIPTURE AND THE RENEWAL OF MORAL THEOLOGY: THE CATECHISM AND VERITATIS SPLENDOR 1 SERVAIS PINCKAERS, 0.P. L'Universite de Fribourg Fribourg, Switzerland T.HE SECOND Vatican Council ratified the biblical reewal that had prepared it. It truly gave Scripture back o the Catholic people and recommended it as " the very soul of sacred theology." 2 The Council invited theologians to show the inner coherence of the mysteries (...) of salvation proposed by the Scriptures. They were exhorted to make use of the teaching of the Fathers and to engage in speculative reflection, with St. Thomas as a guide, in order to search for the solutions to human problems in a manner suitable to contemporary man. In particular, the Council affirmed : Special care should be given to the perfecting of moral theology. Its scientific presentation should draw more fully on the teaching of holy Scripture and should throw light upon the exalted vocation of the faithful in Christ and their obligation to bring forth fruit in charity for the life of the world.3 The document on the formation of future priests published on February 22, 1976 by the Congregation for Catholic Education 1 This paper was presented at the Theological Consultation of American Bishops at the Pontifical North American College in Rome, September 12, 1994. The English translation was prepared by Sister Mary Thomas Noble, O.P. 2Dei Verbum 24; English translation by Liam Walsh,O.P., Vatican Council II, ed. Austin Flannery, O.P., revised edition, (Collegeville, Minn.: The Liturgical Press, 1992), 764. See 0Ptatam totius 16. s Optatam totius 16; English translation by B. Hayes, S.M., S. Fagan, S.M., and Austin Flannery, O.P., Vatican Council II, 720. 1 2 SERVAIS PINCKAERS, O.P. makes the directives in this conciliar text beautifully explicit and helps us to perceive its main lines. Notably, it states : In the past, moral theology exhibited at times a certain narrowness of vision and some lacunas. This was due in large part to a kind of legalism, to an individualistic orientation, and to a separation from the sources of Revelation. To counter all this,... it is necessary to clarify the method by which moral theology ought to be developed in close contact with Holy Scripture (n. 96). The Catechism of the Catholic Church and the encyclical V eritatis Splendor have each in its own way effected the reestablishment of the bonds between Scripture and moral theology. I propose to touch upon the principal points of this scriptural renewal in the teaching of moral theology. In order to get an idea of the novelty of these recent developments, a comparison will help. We shall look at the presentation of Catholic moral teaching given in the manuals which have served as textbooks in seminaries and which have oriented preaching and moral catechesis over the last four centuries, following the Council of Trent. These manuals developed and transmitted a certain systematization of moral theology based on categories which have become classic. Even those who criticize the manuals, proportionalists and consequentialists, for example, still use these categories. The moral theory of the manuals constitutes a common cultural base, one whose concepts and categories (for the most part connected with certain currents in modern philosophy such as Kantian ethics) have exercised a determining role in the relationship between the teaching of Christian ethics and Scripture. In our effort to delineate the principal elements of scriptural renewal proposed to us by the Catechism and the Encyclical, we shall examine six points: firstly, the use of Scripture; next, the great moral texts it offers us, the Decalogue, the Sermon on the Mount, apostolic catechesis, and the treatment of cases of conscience ; finally, we shall respond to the difficulty created by new ethical problems and by recent cultural changes. CATECHISM AND VERITATIS SPLENDOR 3 I. SCRIPTURAL QUOTATIONS We need only run through the moral section of the Catechism to see that Biblical citations are there far more numerous than in the manuals of former times. These citations appear even in the section titles, such as " Life in Christ" and " Life in the Spirit," taken from Saint Paul in order to describe the moral life. The table of... (shrink)

Stem cell biology and systems biology are two prominent new approaches to studying cell development. In stem cell biology, the predominant method is experimental manipulation of concrete cells and tissues. Systems biology, in contrast, emphasizes mathematical modeling of cellular systems. For scientists and philosophers interested in development, an important question arises: how should the two approaches relate? This essay proposes an answer, using the model of Waddington’s landscape to triangulate between stem cell and systems approaches. This simple abstract model represents (...) development as an undulating surface of hills and valleys. Originally constructed by C. H. Waddington to visually explicate an integrated theory of genetics, development and evolution, the landscape model can play an updated unificatory role. I examine this model’s structure, representational assumptions, and uses in all three contexts, and argue that explanations of cell development require both mathematical models and concrete experiments. On this view, the two approaches are interdependent, with mathematical models playing a crucial but circumscribed role in explanations of cell development. (shrink)

Examining stem cell biology from a philosophy of science perspective, this book clarifies the field's central concept, the stem cell, as well as its aims, methods, models, explanations and evidential challenges. The first chapters discuss what stem cells are, how experiments identify them, and why these two issues cannot be completely separated. The basic concepts, methods and structure of the field are set out, as well as key limitations and challenges. The second part of the book shows how rigorous explanations (...) emerge from stem cell experiments, and compares these to other kinds of scientific explanation. Model organisms, the role of genes, and the significance of collaboration are also discussed. The last part of the book considers relations to systems biology and clinical medicine, arguing that both the mathematical models of the former, and ethical principles of the latter, are necessary for stem cell biology to deliver on its promises. (shrink)

Many explanations in molecular biology, neuroscience, and other fields of experimental biology describe mechanisms underlying phenomena of interest. These mechanistic explanations account for higher-level phenomena in terms of causally active parts and their spatiotemporal organization. What makes such a mechanistic description explanatory? The best-developed answer, Craver's causal-mechanical account, has several weaknesses. It does not fully explicate the target of explanation, interlevel relation, or interactive nonmodular character of many biological mechanisms as we understand them. An alternative account of MEx, emphasizing interdependence (...) among a mechanism's components, remedies these difficulties. (shrink)

If there is collective scientific knowledge, then at least some scientific groups have beliefs over and above the personal beliefs of their members. Gilbert's plural-subjects theory makes precise the notion of ‘over and above’ here. Some philosophers have used plural-subjects theory to argue that philosophical, historical and sociological studies of science should take account of collective beliefs of scientific groups. Their claims rest on the premise that our best explanations of scientific change include these collective beliefs. I argue that Gilbert's (...) account of collective scientific belief does not provide a better explanation of scientific change than a non-collective alternative. A different defence of collective scientific belief and knowledge is needed. (shrink)

What things count as individuals, and how do we individuate them? It is a classic philosophical question often tackled from the perspective of analytic metaphysics. This volume proposes that there is another channel by which to approach individuation -- from that of scientific practices. From this perspective, the question then becomes: How do scientists individuate things and, therefore, count them as individuals? This volume collects the work of philosophers of science to engage with this central philosophical conundrum from a new (...) angle, highlighting the crucial topic of experimental individuation and building upon recent, pioneering work in the philosophy of science. An introductory chapter foregrounds the problem of individuation, arguing it should be considered prior to the topic of individuality. The following chapters address individuation and individuality from a variety of perspectives, with prominent themes being the importance of experimentation, individuation as a process, and pluralism in individuation's criteria. Contributions examine individuation in a wide range of sciences, including stem cell biology, particle physics, and community ecology. Other chapters examine the metaphysics of individuation, its bearing on realism/antirealism debates, and interrogate epistemic aspects of individuation in scientific practice. In exploring individuation from the philosophy of biology, physics, and other scientific subjects, this volume ultimately argues for the possibility of several criteria of individuation, upending the tenets of traditional metaphysics. It provides insights for philosophers of science, but also for scientists interested in the conceptual foundations of their work. (shrink)

Epistemology of science is currently polarized. Descriptive accounts of the social aspects of science coexist uneasily with normative accounts of scientific knowledge. This tension leads students of science to privilege one of these important aspects over the other. I use an episode of recent immunology research to develop an integrative account of scientific inquiry that resolves the tension between sociality and epistemic success. The search for the hematopoietic stem cell by members of Irving Weissman’s laboratory at Stanford University Medical Center (...) exhibits both the goal-oriented character of contemporary immunology and the importance of social interactions in successful achievement of those goals. This episode includes three kinds of epistemic success: characterization of HSC, formation of new interdisciplinary interfaces, and reconciliation of apparently incompatible models. All three depend on coordinating the work of diverse participants via social interactions. Together, they reveal the crucial role of social interactions within and between research groups in producing epistemic success. These features of the search for the HSC generalize to immunology as a whole, and plausibly to other disciplines. This account thus resolves the polarizing tension in epistemology of science, and complements individualistic accounts of scientific knowledge and rationality. (shrink)

Ludwik Fleck’s theory of thought-styles has been hailed as a pioneer of constructivist science studies and sociology of scientific knowledge. But this consensus ignores an important feature of Fleck’s epistemology. At the core of his account is the ideal of ‘objective truth, clarity, and accuracy’. I begin with Fleck’s account of modern natural science, locating the ideal of scientific objectivity within his general social epistemology. I then draw on Fleck’s view of scientific objectivity to improve upon reflexive accounts of the (...) origin and development of the theory of thought-styles, and reply to objections that Fleck’s epistemological stance is self-undermining or inconsistent. Explicating the role of scientific objectivity in Fleck’s epistemology reveals his view to be an internally consistent alternative to recent social accounts of scientific objectivity by Harding, Daston and Galison. I use these contrasts to indicate the strengths and weaknesses of Fleck’s innovative social epistemology, and propose modifications to address the latter. The result is a renewed version of Fleck’s social epistemology, which reconciles commitment to scientific objectivity with integrated sociology, history and philosophy of science. (shrink)

This article critically re-examines the application of the principle of patient autonomy within bioethics. In complex societies such as those found in North America and Europe health care professionals are increasingly confronted by patients from diverse ethnic, cultural, and religious backgrounds. This affects the relationship between clinicians and patients to the extent that patients' deliberations upon the proposed courses of treatment can, in various ways and to varying extents, be influenced by their ethnic, cultural, and religious commitments. The principle of (...) patient autonomy is the main normative constraint imposed upon medical treatment. Bioethicists typically appeal to the principle of patient autonomy as a means for generally attempting to resolve conflict between patients and clinicians. In recent years a number of bioethicists have responded to the condition of multiculturalism by arguing that the autonomy principle provides the basis for a common moral discourse capable of regulating the relationship between clinicians and patients in those situations where patients' beliefs and commitments do or may contradict the ethos of biomedicine. This article challenges that claim. I argue that the precise manner in which the autonomy principle is philosophically formulated within such accounts prohibits bioethicists' deployment of autonomy as a core ideal for a common moral discourse within multicultural societies. The formulation of autonomy underlying such accounts cannot be extended to simply assimilate individuals' most fundamental religious and cultural commitments and affiliations per se. I challenge the assumption that respecting prospective patients' fundamental religious and cultural commitments is necessarily always compatible with respecting their autonomy. I argue that the character of some peoples' relationship with their cultural or religious community acts to significantly constrain the possibilities for acting autonomously. The implication is clear. The autonomy principle may be presently invalidly applied in certain circumstances because the conditions for the exercise of autonomy have not been fully or even adequately satisfied. This is a controversial claim. The precise terms of my argument, while addressing the specific application of the autonomy principle within bioethics, will resonate beyond this sphere and raises questions for attempts to establish a common moral discourse upon the ideal of personal autonomy within multicultural societies generally. (shrink)

Emmanuel Levinas is variously used to provide a conceptualization of ethics from which to deduce an ethical politics, an account of the movement from ethics to politics or an exhortation to continually interrupt politics in the name of ethics. What all these approaches share is a reading of Levinas where ethics and politics are separated and ethics is prioritized. My argument in this article is that if the concept of the Third is given due weight in Levinas's work then this (...) separation and prioritization is untenable. The reading advanced foregrounds the Third and in doing so demonstrates that the unproblematized ‘ethics’ often drawn from Levinas is more complex than might initially appear. I argue that if the Third is taken seriously then Levinas's work leads to a requirement to think in terms of the ethico-political, so complicating any attempt to deduce politics from ethics which draws on this. (shrink)

There is growing evidence demonstrating that nursing students encounter unsafe and poor clinical practice when on clinical placement. The impact on nursing students remains relatively under‐explored, especially in the Australian context. This two‐phased qualitative study used Interpretive Description to explore 53 pre‐registration nursing students’ perceptions and experiences of speaking up for patient safety. Results of the study identified students believe speaking up is the right thing to do, and their professional responsibility. The study results add to previous research by describing (...) the dissonance students experience due to the inconsistencies between what is taught at university and performed in practice. Student's distress arises when observing nurses taking short cuts, justifying such actions and making excuses about poor practice. Students report experiencing dissonance, bewilderment and confusion and at times, anger when observing poor practice. The clinical environment culture influences students’ decisions to speak up or remain silent. Understanding students’ perceptions and responses will promote awareness and discussion essential to the future development of curricula and clinical support strategies that will enable students to speak up. (shrink)

It is widely assumed that mechanistic explanations are causal explanations. Many prominent new mechanists endorse interventionism as the correct analysis of explanatory causal models in biology and other fields. This article argues that interventionism is not entirely satisfactory in this regard. A case study of Jacob and Monod’s operon model shows that at least some important mechanistic explanations in biology present significant contrasts with the interventionist account. This result motivates a more inclusive approach to mechanistic explanation, allowing for noncausal aspects.

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

I have previously argued that stem cell experiments cannot demonstrate that a single cell is a stem cell. Laplane and others dispute this claim, citing experiments that identify stem cells at the single-cell level. This paper rebuts the counterexample, arguing that the alleged ‘crucial stem cell experiments’ do not measure self-renewal for a single cell, do not establish a single cell’s differentiation potential, and, if interpreted as providing results about single cells, fall into epistemic circularity. I then discuss the source (...) of the dispute, locating it in differences between philosophical and experimental perspectives. (shrink)

French philosopher and literary theorist Roland Barthes was one of the leading influences on the post-structuralist movement in twentieth-century literary thought, and some of his best-known works, like _S/Z_, speak directly to the essential and individual relationship between a reader and a literary text. In _Incidents_, readers have the privilege of going inside the life and thought of Barthes, through a book that is a testament to Barthes’ belief that a literary work should invite the full, active participation of the (...) reader. The essays collected in _Incidents_, originally published in French shortly after Barthes’ death, provide unique insight into the author’s life, his personal struggles, and his delights. Though Barthes questioned the act of keeping a journal with the aim of having it published, he decided to undertake a diary-like experiment in four parts. The first, which gives the collection its title, is a revealing personal account of his time living in Morocco. The second, “The Light of the Southwest,” is an ode to Barthes’ favorite region in France, while in “At Le Palace Tonight,” Barthes describes a vibrant Paris night spot. Finally, the journal entries of “Evenings in Paris” reveal Barthes as an older gay man, struggling with his desire for young lovers. Rendered here in a lyrical new translation alongside the striking photographs of Bishan Samaddar, _Incidents _will delight fans of Barthes’ other works, as well as anyone curious for a look inside the mind of one of the twentieth century’s foremost intellectuals. (shrink)

In the spring of 2003, Jacques Derrida sat down for a public debate in Paris with Algerian intellectual Mustapha Chérif. The eminent philosopher arrived at the event directly from the hospital where he had just been diagnosed with pancreatic cancer, the illness that would take his life just over a year later. That he still participated in the exchange testifies to the magnitude of the subject at hand: the increasingly distressed relationship between Islam and the West, and the questions of (...) freedom, justice, and democracy that surround it. As Chérif relates in this account of their dialogue, the topic of Islam held special resonance for Derrida—perhaps it is to be expected that near the end of his life his thoughts would return to Algeria, the country where he was born in 1930. Indeed, these roots served as the impetus for their conversation, which first centers on the ways in which Derrida’s Algerian-Jewish identity has shaped his thinking. From there, the two men move to broader questions of secularism and democracy; to politics and religion and how the former manipulates the latter; and to the parallels between xenophobia in the West and fanaticism among Islamists. Ultimately, the discussion is an attempt to tear down the notion that Islam and the West are two civilizations locked in a bitter struggle for supremacy and to reconsider them as the two shores of the Mediterranean—two halves of the same geographical, religious, and cultural sphere. _Islam and the West_ is a crucial opportunity to further our understanding of Derrida’s views on the key political and religious divisions of our time and an often moving testament to the power of friendship and solidarity to surmount them. (shrink)

Health, illness and disease are topics well-suited to interdisciplinary inquiry. This book brings together scholars from around the world who share an interest in and a commitment to bridging the traditional boundaries of inquiry. We hope that this book begins new conversations that will situate health in broader socio-cultural contexts and establish connections between health, illness and disease and other socio-political issues. This book is the outcome of the first global conference on Making Sense of: Health, Illness and Disease, held (...) at St Catherine's College, Oxford, in June 2002. The selected papers pursue a range of topics from the cultural significance of narratives of health, illness and disease to healing practices in contemporary society as well as patients' illness experiences. (shrink)

There is a pervasive contrast in the early natural history writings of the co-discoverers of natural selection, Alfred Russel Wallace and Charles Darwin. In his writings from South America and the Malay Archipelago (1848-1852, 1854-1862). Wallace consistently emphasized species and genera, and separated these descriptions from his rarer and briefer discussions of individual organisms. In contrast, Darwin's writings during the Beagle voyage (1831-1836) emphasized individual organisms, and mingled descriptions of individuals and groups. The contrast is explained by the different practices (...) of the two naturalists in the field. Wallace and Darwin went to the field with different educational experiences and social connections, constrained by different responsibilities and theoretical interests. These in turn resulted in different natural history practices; i.e., different habits and working routines in the field. Wallace's intense collecting activities aimed at a complete inventory of different species and their distributions at many localities. Darwin's less intense collecting practice focused on detailed observations of individual organisms. These different practices resulted in different material, textual and conceptual products. Placing natural history practices at the center of analysis reveals connections among these diverse products, and throws light on Wallace and Darwin's respective treatment of individuals and groups in natural history. In particular, this approach clarifies the relation between individuals and groups in Wallace's theory of natural selection, and provides an integrative starting point for further investigations of the broader social factors that shaped Victorian natural history practices and their scientific products. (shrink)

Sarah Franklin’s Biological relatives: IVF, stem cells, and the future of kinship and Charis Thompson’s Good science: the ethical choreography of stem cell research, examine recently normalized biotechnologies. Franklin’s monograph extends her previous work on in vitro fertilization , deconstructing the success of a technology that, she argues, has grown “curiouser and curiouser” while taking hold in scientific and social life. IVF in its diverse aspects becomes a lens for scrutinizing our ambivalence about new technology, which Franklin articulates by putting (...) disparate literatures into conversation: feminist science studies, political economy, fine art, and more. Thompson’s Good science focuses more concretely on the first decade of human pluripotent stem cell research, tracing the field from the innovation of cultured human embryonic stem cells through Bush-era policy debates, to current acceptance of stem cell research as a part of the scientific and policy landscape. Th .. (shrink)

Responding to the polemic critiques of Quentin Tarantino’s 2012 film, Django Unchained, this essay uses Lacanian and Žižekian discussions of the gaze in order to understand what the film communicates about the racist ideology of American slavery. Tarantino’s film is at once more nuanced than most Hollywood films about the period and also more clearly problematic. Unlike other recent films about slavery in the United States, such as the recent Lincoln, in Django Unchained, every character other than a German bounty (...) hunter, Dr. King Schultz, is interpellated in the racist ideology that supports the institution of slavery; and the characters of the film, black and white alike, go to great lengths to preserve the ideology that rests on the subjugation of all black Americans. Tarantino’s rendition of this interpellation is made still more enjoyable as his main characters, Schultz, and the slave-turned-bounty-hunter, Django, embody two manifestations of the gaze, the screen and the stain or spot. However, because the Lacanian letter insists on arriving at the end of the film, the conclusion to Django Unchained also appears to suggest that the film’s villain, though physically defeated, was correct in his pronouncement that 9,999 out of 10,000 black people are biologically servile. (shrink)

St. Augustine’s De Libero Arbitrio is by far the most important of the saint’s philosophical works. Although he wrote it fairly soon after his conversion and before the Pelagian controversy broke out, he had no need to change his views in later life, but continued to recommend that it should be read. In spite of its title, it is not a discussion on the nature of free will, nor an analysis of the psychological circumstances in which choice is exercised. The (...) author himself tells us, in his Retractations, that it was written to answer the Manichaean objection to Christianity that, since the presence of evil is undeniable, it is inconceivable that God can be both almighty and infinitely good. The saint in his reply traced evil to sin, and sin to free will. Hence the title of this book. Since it was written before Pelagianism arose, there was no need to go into the difficulties of grace and free will, so the treatise is philosophical rather than theological. It contains the fullest exposition in any of his writings of his proof from reason for the existence of God, and in setting out the argument he deals with some of the deepest problems in philosophy. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because defending pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification for pre-conviction detention must be partly backward-looking. Reflecting on the aims of the criminal law more broadly suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain backward-looking retributive criteria and forward-looking instrumental criteria are met. We conclude that while it is possible in principle to justify (...) pretrial detention, there is reason to think that much of the pretrial detention in the U.S. is not, in fact, justified. We then argue that as a result, current pretrial detention practices in the U.S. unjustifiably diminish a special sort of moral agency that is necessary for holding persons responsible in the first place. (shrink)

An oracle was reported to have said, "No one is wiser than Socrates." And in fact it was Socrates’ life’s work to interpret these words, which demanded and defined the practice of philosophy. Each of these original essays attends carefully to the specifics of the _Apology_, looking to its dramatic details, its philosophic teaching, and its complexity as a work of writing to bring into focus the "Socrates" of the _Apology_. Overall, the contributors, distinguished scholars of ancient philosophy, share a (...) belief in the unity of the letter and the spirit of Platonic philosophy: the conviction that the Platonic text cannot be reached except through reading and cannot be read except through thinking. In this way, the readings in this volume mirror Socrates’ own hermeneutical practice of uniting the demands of the mind and the demands of the text—the Socratic "examination." The result, true to the Socratic injunction that the unexamined life is not worth living, continues that practice of examination, here offering a reexamination of Socrates in the _Apology_. (shrink)

Students will be grateful to Fr. Koren for this very readable introduction to a difficult subject. While he admits that there is no such thing as “metaphysics without tears”, he nevertheless insists that true metaphysics must be taught to all students. He deplores the increasing tendency to water down courses and to cater to the lowest grade of intelligence. But, while he sets a high standard for the students he has in mind, he keeps an eye to their capacities and (...) makes the subject as clear and simple as possible. This is first and foremost an exposition of Thomistic philosophy. Historical and polemical considerations are given only at the end of each problem. After each chapter or section the author provides a list of suggested readings which are very much to the point and should be a great help to those who would like to go more deeply into the problems treated. On controverted points he usually takes the stricter Thomistic position. If there is a defect in the book, it is to be found in the style, which is often too close to the Latin to make easy reading. (shrink)

The average person who has ever made a decision is fully aware of the fact that the will is free. But the problem of free will has for long been the centre of philosophical controversy. Dr. Antweiler’s recent contribution is a comprehensive and very readable study of the question. Beginning with an examination of the nominal definition of free will, he gives the status quaestionis and indicates the limits of the problem. Next, he gives us the various arguments proving the (...) fact of free will, before giving us a long section on the nature or essence of free will. And lest his tale be without a moral, he concludes with a few moving pages on freedom as a responsibility: noblesse oblige. (shrink)

Spinoza has been variously represented as a pantheist, a sceptic or an atheist. But whatever about his pantheism, he would have been shocked at being called an atheist. For Spinoza, the pursuit of philosophy was never a mere academic exercise, but rather a search for a way to true happiness, for “the road to inner freedom”, the experience of the amor dei intellectualis. All his writings are characterised by this ethical aim, and to his greatest philosophical work he gave the (...) simple title Ethica. The Ethica has long since become a classic in philosophy and it is Dr. Runes’ very laudable intention in the present edition to bring it down to the level of the greatest number of people. Dr. Runes is a lifelong student of Spinoza and makes no secret of his enthusiasm for his favourite author. In the present work he gives us a selection of extracts from the Ethica which bears no trace of the complicated and almost forbidding lay-out of the original. But, in the attempt to popularise the Ethica, the editor has omitted most of the reasoning which gave the original its philosophical appearance. Not only must the reader be satisfied with extracts, but Spinoza’s order of treatises is changed and we are given parts 3, 4, 5, 1, 2, in that order. This means that, whereas Spinoza began with the treatise on God, the one substance, from which he deduced his whole system, Dr. Runes introduces the divinity only towards the end. Curiosity may lead the thoughtful student to read the original, where he cannot fail to be struck by the logical inconsistency of Spinoza’s philosophy. But if he bears in mind the sad circumstances of the philosopher’s personal life, he will not be too severe in his criticism of the persecuted Jew. (shrink)

We argue that while presidential candidates have the right to medical privacy, the public nature and importance of the presidency generates a moral requirement that candidates waive those rights in certain circumstances. Specifically, candidates are required to disclose information about medical conditions that are likely to seriously undermine their ability to fulfill what we call the "core functions" of the office of the presidency. This requirement exists because (1) people have the right to be governed only with their consent, (2) (...) people's consent is meaningful only when they have access to information necessary for making informed voting decisions, (3) such information is necessary for making informed voting decisions, and (4) there are no countervailing reasons sufficiently strong to override this right. We also investigate alternative mechanisms for legally encouraging or requiring disclosure. Protecting the public's right to this information is of particular importance because of the documented history of deception and secrecy regarding the health of presidents and presidential candidates. (shrink)

BackgroundCORE (Clarity and Openness in Reporting: E3-based) Reference (released May 2016 by the European Medical Writers Association [EMWA] and the American Medical Writers Association [AMWA]) is a complete and authoritative open-access user’s guide to support the authoring of clinical study reports (CSRs) for current industry-standard-design interventional studies. CORE Reference is a content guidance resource and is not a CSR Template.TransCelerate Biopharma Inc., an alliance of biopharmaceutical companies, released a CSR Template in November 2018 and recognised CORE Reference as one of (...) two principal sources used in its development.MethodsThe regulatory medical writing and statistical professionals who developed CORE Reference conducted a critical review of the TransCelerate CSR Template. We summarise our major findings and recommendations in this communication. We also re-examined and edited the Version 1 CORE Reference Terminology Table that we first published in 2016, and we present this as Version 2 in this communication.ResultsOur major critical review findings indicate that opportunities remain to refine the CSR Template structure and instructional text, enhance content clarity, add web links to referenced guidance documents, improve transparency to support the broad readership of CSRs, and develop supporting resources.The CORE Reference ‘Terminology Table’ Version 2 includes estimand as a defined term and an adaptation of the original ‘worked study example’ to incorporate the recently evolved concept of ‘estimands’.ConclusionsAs TransCelerate’s CSR Template represents an important milestone in authoring CSRs, we offer CSR authors advice and recommendations on its use, similarities, and differences with CORE Reference and advise them to consider shared interpretations between the two.RegistrationCORE Reference is registered with the EQUATOR Network. The TransCelerate CSR Template is not registered with any external organisation to the knowledge of the authors of this paper. (shrink)

In her 2012 novel The Panopticon, Jenni Fagan chose to examine the possibility of emancipation from within the care system, and between the walls of an institution modelled on Bentham’s 18th century eponymous invention. Setting the adventures of Anais, an orphan and chronic offender, in that building, testifies to the persistence of the master trope of surveillance, which turns the visual world of the novel into an anxiety-ridden field of observation and control. The reference to disciplinary and punitive visuality (...) proves particularly effective in conveying Fagan’s critique of a system that has relinquished its duty of care and devotes itself to the marginalisation and subjugation of the young delinquents it purports to rehabilitate. However the novel also inspires itself from Foucault by reminding us that the visual field of discipline is not one in which power can be exerted absolutely. In the Panopticon, surveillance elicits the resistance of the residents, who repeatedly escape the all-seeing watchtower, claim a “right to look” and eventually bring down the dispositive of disciplinary visuality, allowing Anais’s emancipation in the process. Ultimately the narrative uses the visual paranoia of panopticism as a foil, as its young protagonist looks for practices of seeing and modes of inscription in the visual landscape that will nurture rather than discipline and punish. Far from rejecting visuality altogether, the narrative seeks out spaces where visual care and consideration constitute a response to the failure of the State system of surveillance effectively to reform or care for its citizens. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.