We believe that clinical ethics consultants (CECs) should offer advice, options, and recommendations to attending physicians and their teams. In their article in this issue of The Journal of Clinical Ethics, however, Kornfeld and Prager give CECs a somewhat different role. The CEC they describe may at times be more aptly understood as a medical interventionist who appropriates the roles of the attending physician and the medical team than as a traditional CEC. In these remarks, we distinguish the role of (...) the CEC from that of the physician, in contrast to some of these authors’ recommendations, which confuse the two roles. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include (...) modern references and further reading. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Roger White argued for a principle of indifference. Hart and Titelbaum showed that White’s argument relied on an intuition about conditioning on biconditionals that, while widely shared, is incorrect. Hawthorne, Landes, Wallmann, and Williamson argue for a principle of indifference. Remarkably, their argument relies on the same faulty intuition. We explain their intuition, explain why it’s faulty, and show how it generates their principle of indifference. 1Introduction 2El Caminos and Indifference 2.1Overview 2.2Fins and antennas 2.3HLWW in the example 2.4The (...) restrictiveness of Condition 2 2.5Summary 3The Specifics of HLWW s Argument 3.1Mapping their conditions to our equations 3.2HLWW’s responses to objections. (shrink)

This volume offers a selection of the most interesting and important work from recent years in the philosophy of mathematics, which has always been closely linked to, and has exerted a significant influence upon, the main stream of analytical philosophy. The issues discussed are of interest throughout philosophy, and no mathematical expertise is required of the reader. Contributors include W.V. Quine, W.D. Hart, Michael Dummett, Charles Parsons, Paul Benacerraf, Penelope Maddy, W.W. Tait, Hilary Putnam, George Boolos, Daniel Isaacson, Stewart (...) Shapiro, and Hartry Field. (shrink)

_From one of the most revered scholars of religion, an incisive explanation of how the word “God” functions in the world’s great faiths_ Despite the recent ferocious public debate about belief, the concept most central to the discussion—God—frequently remains vaguely and obscurely described. Are those engaged in these arguments even talking about the same thing? In a wide-ranging response to this confusion, esteemed scholar David Bentley Hart pursues a clarification of how the word “God” functions in the world’s great (...) theistic faiths. Ranging broadly across Judaism, Christianity, Islam, Vedantic and Bhaktic Hinduism, Sikhism, and Buddhism, Hart explores how these great intellectual traditions treat humanity’s knowledge of the divine mysteries. Constructing his argument around three principal metaphysical “moments”—being, consciousness, and bliss—the author demonstrates an essential continuity between our fundamental experience of reality and the ultimate reality to which that experience inevitably points. Thoroughly dismissing such blatant misconceptions as the deists' concept of God, as well as the fundamentalist view of the Bible as an objective historical record, Hart provides a welcome antidote to simplistic manifestoes. In doing so, he plumbs the depths of humanity’s experience of the world as powerful evidence for the reality of God and captures the beauty and poetry of traditional reflection upon the divine. (shrink)

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

Research misconduct has been thoroughly discussed in the literature, but mainly in terms of definitions and prescriptions for proper conduct. Even when case studies are cited, they are generally used as a repository of “lessons learned.” What has been lacking from this conversation is how the lessons of responsible conduct of research are imparted in the first place to graduate students, especially those in technical fields such as engineering. Nor has there been much conversation about who is responsible for what (...) in training students in Responsible Conduct of Research or in allocating blame in cases of misconduct. This paper explores three seemingly disparate cases of misconduct—the 2004 plagiarism scandal at Ohio University; the famous Robert Millikan article of 1913, in which his reported data selection did not match his notebooks; and the 1990 fabrication scandal in Dr. Leroy Hood’s research lab. Comparing these cases provides a way to look at the relationship between the graduate student (or trainee) and his/her advisor (a relationship that has been shown to be the most influential one for the student) as well as at possibly differential treatment for established researchers and researchers-in-training, in cases of misconduct. This paper reflects on the rights and responsibilities of research advisers and their students and offers suggestions for clarifying both those responsibilities and the particularly murky areas of research-conduct guidelines. (shrink)

For much of the last 50 years, a key platform animating public sector reform in Canada and elsewhere has been that efficiency and effectiveness can be achieved by adapting private sector financial management methods and practices. We argue that the recent re-establishment of the Office of the Comptroller General (OCG) of Canada represents a key element of a program of strengthening financial accountability that has emerged within the Canadian Federal Government. Although this program is longstanding and is associated Canada’s implementation (...) of new public management initiatives, it has recently drawn particular sustenance from the sponsorship scandal in Canada. We demonstrate that the reincarnated OCG, re-established amid a rhetoric of “modernization” and of “strengthening” accountability, has a wide-ranging mandate to enhance financial and audit controls, create financial standards, nurture professional development, and oversee government spending. We explore some of the consequences of this development and of the broader financial accountability mechanisms introduced in response to the Sponsorship scandal within the Canadian public sector. (shrink)

Recent research into climate shocks and what this means for the on-farm production of food revealed mixed and unanticipated results. Whilst the research was triggered by a series of catastrophic, climate related disruptions, Australian beef producers interviewed for the study downplayed the immediate and direct impacts of climate shocks. When considering the changing nature of production under shifting climatic conditions, producers offered a commentary on the digital technology and data which interconnected with climate solutions deriving from both on and off (...) the farm. Perceptions of digital technologies were mixed. Some viewpoints outlined how data driven climate solutions supported on farm planning and decision making, helping to manage climate risks and shocks. However, alongside these narratives, concerns were raised about satellite-based sustainability surveillance and their implications for producer agency. These concerns include the data-informed actions of non-farming third parties, such as bank loan call-ins for properties perceived to be a climate risk, remote surveillance of ground cover, and the commercial re-appraisal of pastoral lands as carbon sinks. Digital solutions to climate shocks thus emerge as inherently ambivalent, a response to shocks and a potential catalyst for renewed crisis. Drawing upon the theoretical lens of relationality, we argue that digital data are increasingly entangled with other material and non-material elements that may disrupt and/or reconfigure the management of farming and with that, the future security of food production. In some instances, data-based solutions to climate risks and shocks present even greater risks to producer agency than climate risks and shocks themselves. (shrink)

In this thought-provoking book, David Hart challenges the creation myth of post--World War II federal science and technology policy. According to this myth, the postwar policy sprang full-blown from the mind of Vannevar Bush in the form of Science, the Endless Frontier. Hart puts Bush's efforts in a larger historical and political context, demonstrating in the process that Bush was but one of many contributors to this complex policy and not necessarily the most successful one. Herbert Hoover, Karl (...) Compton, Thurman Arnold, Henry Wallace, Robert Taft, and Curtis LeMay--along with more familiar figures like Bush--are among those whose endeavors he traces.Hart places these policy entrepreneurs in the broad scheme of American political development, connecting each one's vision of the state in this apparently esoteric policy area to the central issues, events, and figures of mid-century America and to key theoretical debates. Hart's work reveals the wide range of ideas, often in conflict with one another, that underlay what later observers interpreted as a "postwar consensus." In Hart's view, these visions--and the interests and institutions that shape their translation into public policy--form the enduring basis of American politics in this important area. Policymakers today are still grappling with the legacies of the forged consensus. (shrink)

Unarguably, Jean-Luc Marion is the leading figure in French phenomenology as well as one of the proponents of the so-called “theological turn” in European philosophy. In this volume, Kevin Hart has assembled a stellar group of philosophers and theologians from the United States, Britain, France, and Australia to examine Marion's work—especially his later work—from a variety of perspectives. The resulting volume is an indispensable resource for scholars working at the intersection of philosophy and theology. “This is a ground-breaking book (...) by leading continental thinkers on one of the most pioneering and controversial voices to emerge in French thought in decades. This volume addresses the lynch-pin of Marion's thought—the point where philosophy and theology, gift and revelation, impossibility and grace, intersect in fascinating and arresting ways. Kevin Hart, as editor, assembles and conducts a magisterial intellectual orchestra.” —Richard Kearney, Boston College “The collective strength of these exceptionally high-quality essays is the authors’ diversity of reflection on the relation of phenomenology to theology. Readers new to Marion will find their way into the _corpus_ and those already familiar with Marion’s work will encounter stimulating interpretations, challenges, and defenses. Valuable, too, are Hart’s introduction to Marion as phenomenologist and Marion’s defense of the saturated phenomenon that bookend the volume.” —Merold Westphal, Fordham University “As a sophisticated engagement with the question of Marion’s relation to Christian theology specifically, and as a general response to Marion’s work as a whole, _Counter-Experiences_ is an undeniable success. The authors treat Marion’s texts carefully, bring impressive intellectual force to their task, and provide rich documentation in the strongest volume of work on Marion’s thought yet to appear in English.” —Jeffrey Bloechl, College of the Holy Cross. (shrink)

Shelah, S., C. Laflamme and B. Hart, Models with second order properties V: A general principle, Annals of Pure and Applied Logic 64 169–194. We present a general framework for carrying out the construction in [2-10] and others of the same type. The unifying factor is a combinatorial principle which we present in terms of a game in which the first player challenges the second player to carry out constructions which would be much easier in a generic extension of (...) the universe, and the second player cheats with the aid of ♦. Section 1 contains an axiomatic framework suitable for the description of a number of related constructions, and the statement of the main theorem 1.9 in terms of this framework. In Section 2 we illustrate the use of our combinatorial principle. The proof of the main result is then carried out in Sections 3–5. (shrink)

Thomas Aquinas argues that baptism is necessary for salvation. However, he entertains a scenario described by Ambrose of Milan, such that Emperor Valentinian II converted to Christianity and was intending to be baptized but died before the sacrament could be performed. Aquinas argues that the Emperor could have achieved salvation without being baptized with water because he desired baptism and that desire was the result of his faith in God. In this paper, I offer a short treatment of Aquinas’s view (...) of baptism, his handling of the Valentinian II case, and his arguments concerning the efficacy of the baptism of desire. I conclude with a brief discussion of Aquinas’s treatment of the case of Cornelius the centurion, which illustrates how Aquinas’s view of baptism of desire and implicit faith can apply to those individuals who have no access to or connection with the Church. (shrink)

An invaluable companion to Green’s comprehensive collection of Strauss’s writings on Maimonides, this volume shows how Strauss confronted the commonly accepted approaches to the medieval philosopher, resulting in both a new ...

What happens in a conversation between a committed Atheist and a committed Christian? While agreeing to disagree on almost every detail, Kai Nielsen, Chair of the Department of Philosophy, University of Calgary, and Hendrik Hart, Senior Member in Philosophy at the graduate Institute for Christian Studies, Toronto, agree that it is not fruitless.

The Power of Belonging unpacks the universal longing to belong and the shame that keeps leaders from leading with authenticity, confidence, and hope.

A countable unidimensional theory without the omitting types order property (OTOP) has prime models over pairs and is hence classifiable. We show that this is not true for uncountable unidimensional theories.

This book gets to the heart of trophy hunting, unpacking and explaining its multiple facets and controversies, and exploring why it divides environmentalists, the hunting community, and the public. Bichel and Hart provide the first interdisciplinary and comprehensive approach to the study of trophy hunting, investigating the history of trophy hunting, and delving into the background, identity and motivation of trophy hunters. They also explore the role of social media and anthropomorphism in shaping trophy hunting discourse, as well as (...) the viability of trophy hunting as a wildlife management tool, the ideals of fair chase and sportsmanship, and what hunting trophies are, both literally and in terms of their symbolic value to hunters and non-hunters. The analyses and discussions are underpinned by a consideration of the complex moral and practical conflicts between animal rights and conservation paradigms. This book appeals to scholars in environmental philosophy, conservation and environmental studies, as well as hunters, hunting opponents, wildlife management practitioners, and policymakers, and anyone with a broad interest in human–wildlife relations. (shrink)

In TEACHING THE MEDIA: INTERNATIONAL PERSPECTIVES Andrew Hart initiates a challenging dialogue about approaches to Media teaching in the major English-speaking nations of the world, including the United States, Canada, the United Kingdom, Australia, and South Africa. By animating actual lessons and the considered views of classroom practitioners, TEACHING THE MEDIA encourages readers to develop new perspectives on Media teaching, to examine approaches that differ from their own, and to reflect critically on their own practices with a view to (...) understanding them more fully and enhancing their effectiveness in the classroom. Based on original research that began in England in the early 1990s, this is the first international comparative study to focus on Media Education in English-speaking countries. It systematically examines classroom strategies for Media teaching in the light of the major theoretical paradigms which have emerged globally over the last 50 years. It analyses the rich diversity of different educational concerns, goals, and classroom practices through a series of national studies of teachers and lessons. As a result, not only do we see how Media is actually taught in range of classroom contexts, but existing models of Media teaching can now be more precisely critiqued and made more accessible for further research and development. (shrink)

Engineering educators have long discussed the need to teach professional responsibility and the social context of engineering without adding to overcrowded curricula. One difficulty we face is the lack of appropriate teaching materials that can fit into existing courses. The PRiME (Professional Responsibility Modules for Engineering) Project (http://www.engr.utexas.edu/ethics/primeModules.cfm) described in this paper was initiated at the University of Texas, Austin to provide web-based modules that could be integrated into any undergraduate engineering class. Using HPL (How People Learn) theory, PRiME developed (...) and piloted four modules during the academic year 2004–2005. This article introduces the modules and the pilot, outlines the assessment process, analyzes the results, and describes how the modules are being revised in light of the initial assessment. In its first year of development and testing, PRiME made significant progress towards meeting its objectives. The PRiME Project can strengthen engineering education by providing faculty with an effective system for engaging students in learning about professional responsibility. (shrink)

The modal logician's notion of possible world and the computer scientist's notion of state of a machine provide a point of commonality which can form the foundation of a logic of action. Extending ordinary modal logic with the calculus of binary relations leads to a very natural logic for describing the behavior of computer programs.

The challenge of developing creativity to enhance human potential is conceptualized as a multifaceted wicked problem due to the countless interactions between people and environments that constitute human development, athletic skill, and creative moments. To better comprehend the inter-relatedness of ecologies and human behaviors, there have been increasing calls for transdisciplinary approaches and holistic ecological models. In this paper we explore an ecological dynamics rationale for creativity, highlighting the conceptual adjacency of key concepts from transdisciplinarity, dynamic systems theory, ecological psychology (...) and social-cognitive psychology. Our aim is to extend the scope of ecological dynamics and contextualize the application of non-linear pedagogy in sport. Foregrounding the role of sociocultural constraints on creative behaviors, we characterize the athlete-environment system as an ecological niche that arises from, and simultaneously co-creates, a form of life. We elaborate the notion that creative moments, skill and more generally talent in sport, are not traits possessed by individuals alone, but rather can be conceived as properties of the athlete-environment system shaped by changing constraints. This re-conceptualization supports a pedagogical approach predicated on notions of athletes and sports teams as complex adaptive systems. In such systems, continuous non-linear interactions between system components support the exploration of fluent and flexibly creative performance solutions by athletes and sports teams. The implications for practice suggest that cultivating a constellation of constraints can facilitate adaptive exploration of novel affordances (opportunities/invitation for action), fostering creative moments and supporting creative development in athletes. Future models or frameworks for practice contend that pedagogies should emerge from, and evolve in, interaction with the sociocultural context in which practitioners and athletes are embedded. (shrink)