This is an extended, international edition of Justice Breyer's theory of constitutional interpretation, and the role of courts in a modern democracy. For the revised, international edition Breyer includes an examination of topical debates in Europe, including the legitimacy of the EU and religious freedom under the ECHR.

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

No hay en la historia reciente de la justicia constitucional contemporánea evidencia del diálogo académico entre dos jueces constitucionales supremos en activo.

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented (...) by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC. (shrink)

The Tanner Lectures on Human Values, founded July 1, 1978, at Clare Hall, Cambridge University, was established by the American scholar, industrialist, and philanthropist Obert Clark Tanner. Lectureships are awarded to outstanding scholars or leaders in broadly defined fields of human values, and transcend ethnic, national, religious, or ideological distinctions. Volume 26 features lectures given by Stephen Breyer, Carl Bildt, Axel Honneth, Paul Farmer, and Avishai Margalit.

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a (...) concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

In After the Rights Revolution, Cass Sunstein confronts the “Chicago” intellectual tradition on the effects of government regulation. While recognizing the many failures of regulation, Sunstein argues that most regulation serves a potentially useful purpose and that the courts can be relied on to correct the worst regulatory failures. He offers a dizzying array of prescriptions to ensure this outcome, many of which would appear to run afoul of clear congressional intent. In a more recent book, Breaking the Vicious Circle, (...) Stephen Breyer offers a different diagnosis. He sees health‐safety‐environmental regulation as essentially out of control because of the “vicious circle” created by irrational and ineffective government responses to the public's concern about the risk of exposure to carcinogens. Breyer does not believe that this vicious circle of excessive and irrational regulation can be broken by the courts. Instead, he suggests the creation of an elite bureaucratic corps with the mission of proposing more effective and less costly approaches to controlling threats to human health. (shrink)

This chapter contains sections titled: What I s Regulation? How Should We Morally Evaluate Regulation? Welfarism; the Pareto Principle; Kaldor‐Hicks Efficiency versus Social Welfare Functions The Two Fundamental Theorems of Welfare Economics and the Market Failure Framework Externalities Public Goods and Monopoly Power The Coase Theorem Information and Paternalism as Rationales for Regulation Regulatory Forms and Regulatory Choice Criteria References.

What are ethical judgments about? And what is their relation to practice? How can ethical judgment aspire to objectivity? The past two decades have witnessed a resurgence of interest in metaethics, placing questions such as these about the nature and status of ethical judgment at the very center of contemporary moral philosophy. Moral Discourse and Practice: Some Philosophical Approaches is a unique anthology which collects important recent work, much of which is not easily available elsewhere, on core metaethical issues. Reinvigorated (...) naturalist moral realism and the various versions of moral realism, as well as irrealist, expressivist, and neo-Kantian constructivist theories are all represented in this fine collection, constituting a rich array of approaches to contemporary moral philosophy's most fundamental debates. An extensive introduction by Darwall, Gibbard, and Railton is also included, making this volume the most comprehensive and up-to-date work of its kind. Moral Discourse is ideally suited for use in courses in contemporary ethics, ethical theory, and metaethics. (shrink)

_A Brief History of Analytic Philosophy: From Russell to Rawls_ presents a comprehensive overview of the historical development of all major aspects of analytic philosophy, the dominant Anglo-American philosophical tradition in the twentieth century. Features coverage of all the major subject areas and figures in analytic philosophy - including Wittgenstein, Bertrand Russell, G.E. Moore, Gottlob Frege, Carnap, Quine, Davidson, Kripke, Putnam, and many others Contains explanatory background material to help make clear technical philosophical concepts Includes listings of suggested further readings (...) Written in a clear, direct style that presupposes little previous knowledge of philosophy. (shrink)

The Hedgehog, the Fox, and the Magister's Pox is a controversial discourse, rich with facts and observations gathered by one of the most erudite minds of our ...

Ruth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different (...) periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson. (shrink)

Since the heyday of ordinary language philosophy, Anglophone epistemologists have devoted a great deal of attention to the English word ‘know’ and to English sentences used to attribute knowledge. Even today, many epistemologists, including contextualists and subject-sensitive invariantists are concerned with the truth conditions of “S knows that p,” or the proposition it expresses. In all of this literature, the method of cases is used, where a situation is described in English, and then philosophers judge whether it is true that (...) S knows that p, or whether saying “S knows that p” is false, deviant, etc. in that situation. However, English is just one of over 6000 languages spoken around the world, and is the native language of less than 6% of the world’s population. When Western epistemology first emerged, in ancient Greece, English did not even exist. So why should we think that facts about the English word “know,” the concept it expresses, or subtle semantic properties of “S knows that p” have important implications for epistemology? Are the properties of the English word “know” and the English sentence ‘S knows that p’ shared by their translations in most or all languages? If that turned out to be true, it would be a remarkable fact that cries out for an explanation. But if it turned out to be false, what are the implications for epistemology? Should epistemologists study knowledge attributions in languages other than English with the same diligence they have shown for the study of English knowledge attributions? If not, why not? In what ways do the concepts expressed by ‘know’ and its counterparts in different languages differ? And what should epistemologists make of all this? (shrink)

It is commonly claimed that Kant's critical philosophy aims to limit reason's speculative use and its metaphysical pretensions. This paper argues that such claims should be amended in light of a technical distinction between negative limits and positive boundaries that Kant held throughout his career. Kant's only extended discussion of this distinction appears in §§57–60 of the Prolegomena, a division entitled “On pure reason's boundary‐determination”. I examine these sections in detail in order to elucidate the account of the limits and (...) boundaries of the activity of different cognitive faculties in the Critique of Pure Reason. I argue that once we understand a key ambition of the Critique to be the positive determination of the boundary between objects of experience and things in themselves, we gain insight into the essential contribution that Kant's theory of the positive utility of ideas of reason makes to the critical philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 122.1 (2001) 87-106 [Access article in PDF] Homo Fandi Dulcissimus: The Role of Favorinus in the Attic Nights of Aulus Gellius Stephen M. Beall ONE OF THE INDIRECT BENEFITS of reading the Attic Nights of Aulus Gellius is that he offers us a glimpse of the "smart set" of Antonine Rome. Many chapters are cast as anecdotes featuring Gellius' mentors and acquaintances, among whom (...) he counted such illustrious figures as Herodes Atticus, Marcus Fronto, and the grammarian known as Domitius "the Insane." But the "star" of the work is clearly Favorinus of Arles, a flamboyant orator who described his life in three paradoxes: he was a native of Gaul who spoke Greek, a eunuch who was accused of adultery, 1 and a citizen who quarreled with an emperor and lived (Philostratus, VS 489). To Gellius, he was "Favorinus noster," and the twenty-seven anecdotes involving him indicate that the two were on fairly intimate terms. 2We are left to wonder, however, how someone as eccentric as Favorinus should have become the special friend and mentor of a "fairly conservative, practically minded Roman" such as Gellius. 3 Perhaps, following Polemo, we can attribute the attraction to Favorinus' skill in the black arts. 4 It is more likely, however, that he possessed qualities that could be adapted to Gellius' intellectual program but which have not been fully elucidated by scholarship. 5 These can best be expounded, I believe, as three additional paradoxes: Favorinus was a polymath who passed for a philosopher, a philhellene who studied Roman culture, and [End Page 87] a Greek "Asianist" with ties to Latin archaism. All three paradoxes, as we shall see, relate to thematic issues in the Attic Nights and may help us to account for the paradoxical nature of the work as a whole. 1. Favorinus: The Miscellaneous Philosopher Favorinus' professional status was open to question even in antiquity. Philostratus describes him as a "philosopher" who "was called a sophist" by dint of his charm as a speaker (VS 489). The Suda puts the case less charitably, saying that "he was full of philosophy, but more devoted to rhetoric" (Phi 4). Lucian's Demonax found him too effeminate in style and appearance to wear the mantle (Demonax 12-13). When Favorinus claimed a philosopher's exemption from public service, the emperor Hadrian was prepared to rule against him (Philostratus, VS 490). Favorinus averted this disaster by accepting the priesthood in question, claiming that he had been advised to do so in a dream.The question of Favorinus' calling is further complicated by the mixed character of his published work, little of which survives. 6 He wrote treatises on philosophical skepticism, including the celebrated Pyrrhonian Tropes (Phil. VS 491; cf. Gellius, 11.5.5). 7 He did not, however, restrict himself to writing of a technical kind. He also produced two miscellanies, the Memorabilia and Omnigena Historia, which seem to have combined philosophical anecdotes with other sorts of trivia, including etymologies and wonder tales. 8 His oratorical remains likewise indicate a versatile and playful intellect. Two speeches preserved in the corpus of Dio Chrysostom (37, 64), and a third on a recently discovered papyrus, are notable for their witty use of stock themes and exempla. He declaimed on "absurd" themes, such as the virtues of Thersites and the advantages of the quartan fever (Gellius, NA 17.12). Indeed, he was so adept at sophistic role-playing that Gellius could not tell when he was speaking in earnest (14.1.2). Philostratus reports that he drew crowds with a highly musical style of speaking, at times almost like singing, which won applause even from people who could not understand Greek (VS 491).In the anecdotes of the Attic Nights, we find a similarly ambiguous [End Page 88] characterization. Although Gellius regularly honors his mentor with the epithet philosophus, 9 he praises him chiefly for the "sweetness of his diction," which, he says, held him captive for entire days (16.3.1; cf. 14.1.32). Elsewhere he lauds him... (shrink)

This was one of SCSS President Stephen M. Krason’s “Neither Left nor Right, but Catholic” columns that appear monthly in Crisis and The Wanderer. In it, he summarizes his conclusions about the conformity of current American conservatism with Catholic social teaching—as put forth in the papal social encyclicals—on the subject of economics and social welfare policy from his 2017 book, Catholicism and American Political Ideologies. His analysis is based on the 2012 Republican party platform, which was held to be (...) a particularly conservative document—and thus a good measure of current conservative thinking on public policy questions. He concludes that American conservative thinking about economics and social welfare policy conforms reasonably well—certainly not perfectly—with Catholic social teaching. (shrink)

Davidson’s remark is fairly conventional stuff in contemporary philosophy, but the argument that informs it is elusive. Is this a kind of unformulated transcendental argument, which amounts to the claim that the ‘sharing’ of ‘language,’ in some unspecified sense of these terms, is a condition of the possibility of ‘communication’ in some unspecified sense of this term? Or is it a kind of inference to the best explanation in which there are no real alternativesan inference, so to speak, to the (...) only explanation? There are good reasons to be suspicious of arguments of this form. Yet this general picture, of some sort of shared stuff at the basis of language, is highly appealing, and so is its extension to practices generally. The claim that there is some class of things that could not happen, were it not for the existence of some sort of shared practices, is a commonplace, despite, and perhaps because of its vagueness. (shrink)

This paper argues for a novel account of deceitful scientific communication, as “wishful speaking”. This concept is of relevance both to philosophy of science and to discussions of the ethics of lying and misleading. Section 1 outlines a case-study of “ghost-managed” research. Section 2 introduces the concept of “wishful speaking” and shows how it relates to other forms of misleading communication. Sections 3–5 consider some complications raised by the example of pharmaceutical research; concerning the ethics of silence; how research strategies—as (...) well as the communication of results—may be misleading; and questions of multiple authorship. The conclusion suggests some more general conclusions. (shrink)

_The Subject in Question_ provides a fascinating insight into a debate between two of the twentieth century's most famous philosophers - Jean-Paul Sartre and Edmund Husserl - over the key notions of conscious experience and the self. Sartre's _The Transcendence of the Ego_, published in 1937, is a major text in the phenomenological tradition and sets the course for much of his later work. _The Subject in Question_ is the first full-length study of this famous work and its influence on (...) twentieth-century philosophy. It also investigates the relationship between Sartre's ideas and the earlier work of Descartes and Kant. (shrink)

This article critiques the idea that, by establishing a general framework within which research must be conducted, philosophical argument can ‘take the lead’ in relation to research. It develops Holmwood’s work in this area by examining the ontological arguments put forward by critical realists, which attempt to establish the fundamental characteristics of the social realm prior to the production of empirically successful research in that realm. The article draws on a contrast with ontological argument in the natural sciences to demonstrate (...) the illegitimacy of this manoeuvre, showing that ontological claims can be given some justification, but only when they are derived from research that is widely held to be empirically successful. Realist ontological claims in the social sciences do not have this basis, and it is argued that Bhaskar’s alternative mode of justification for these claims is unconvincing. Archer’s view is also criticized that critical realist arguments should be given a strong regulatory role in relation to research, illustrating the problems with this by critiquing Cruickshank’s ontologically driven analysis of unemployment and the underclass. The article concludes that social scientific research should be conducted without philosophical legislation. (shrink)

Knowledge is socially distributed, and the distribution of knowledge is socially structured, but the distribution and the structures within which it is produced and reproduced—often two separate things—have varied enormously. Disciplines are one knowledge formation of special significance. They can be thought of as very old, or as a very recent phenomenon: In the very old sense, disciplines begin with the creation of rituals of certification and exclusion related to knowledge; in the more recent sense, they are the product of (...) university organization, and especially that part of university organization that joins research and teaching, knowledge production and reproduction, in the modern research university. If we understand the general structural constraints on knowledge formations, we can understand the peculiar strengths of disciplines, as well as the historical alternatives to disciplines and the motives for finding alternatives. (shrink)

Presentations of Gricean semantics, including Stephen Neale’s in “Silent Reference,” totally ignore vagueness, even though virtually every utterance is vague. I ask how Gricean semantics might be adjusted to accommodate vague speaker-meaning. My answer is that it can’t accommodate it: the Gricean program collapses in the face of vague speaker-meaning. The Gricean might, however, find some solace in knowing that every other extant meta-semantic and semantic program is in the same boat.

Weber’s “methodological writings” are some of the most influential parts of his work; they are his philosophical and technical explication of the basic problems of social science and history and their relation to other forms of knowledge, as well as the relation of knowledge to action and values. They explain his basic concepts, such as ideal type, values and value-free science, Verstehen, and the notion of causality that is appropriate to social and historical concepts. These ideas have often been misrepresented (...) in the subsequent literature but remain a powerful source of insight and provide valuable critical tools for assessing social science claims. (shrink)

The Seventh Annual Conference of the Hegel Society of Great Britain took place on September 12–13, 1985 at Pembroke College, Oxford. The theme of the conference was Hegel’s political philosophy.