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  • MPI Ethno. Forsch.  (12)
  • Regensburg UB
  • HeBIS
  • 1980-1984  (12)
  • Dordrecht : Springer  (12)
  • Ethics  (12)
Datasource
  • MPI Ethno. Forsch.  (12)
  • Regensburg UB
  • HeBIS
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Language
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Year
  • 1
    ISBN: 9789400964815
    Language: English
    Pages: Online-Ressource (688p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 176
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    Keywords: Philosophy (General) ; Philosophy of law ; Science Philosophy ; Ethics ; Law—Philosophy. ; Science—Philosophy. ; Philosophy and social sciences.
    Abstract: 1: Theory of Science and Theory of Law -- Synopsis -- Recent Trends in the Philosophy of Science -- Legal Dogmatics as a Scientific Paradigm -- Paradigms in Legal Dogmatics Towards a Theory of Change and Progress in Legal Science -- Pragmatic Metatheory for Legal Science -- On Making Implicit Methodologies Explicit -- 2: Ontology and Epistomology in Legal Science -- Synopsis -- Ought, Reasons, Motivation, and the Unity of the Social Sciences: The Meta-theory of the Ought-Is Problem -- Legal Data. An Essay about the Ontology of Law -- Pluralis Juris -- Changes of Paradigm in the Law -- Legal Norms: a Transformational Approach -- Epistemology and Validity in Law -- Is Law a System of Enactments? -- The Concept of “Fact” in the Physical Sciences and in Law -- 3: Objectivity and Rationality of Legal Justification -- Synopsis -- Objectivity in the Social Sciences -- Objectivity and Rationality in Lawyer’s Reasoning -- Coherence in Legal Justification -- Paradigms of Justifying Legal Decisions -- Monism, Pluralism, Relativism and Right Answers in the Law -- Discovery and Justification in Science and Law -- Reasons and Causes in Connection with Judicial Decisions -- 4: Technical Rationality in the Law -- Synopsis -- Legal Rationality Among Different Types of Rationality -- Paradigms of Legal Research; Empirical Science and Legal Dogmatics -- Goal Reasons in Common Law Cases — Are They Predictive? -- Teleological Construction of Statutes -- Reason, Law and History -- The Rule of Law in Legal Reasoning -- 5: Some Special Topics Concerning Rationality and Legitimacy in the Law -- Synopsis -- An Ubiquitous Paralogism in Legal Thinking -- Power of Tolerance — On the Legitimacy of a Legal System -- Sir Edward Coke’s Legal Conservatism -- Popper’s Criterion of Refutability in the Legal Context -- 6: Criticism and Developments in Particular Areas of the Law: Property, Contracts, and Torts -- Synopsis -- Theory Choice and Contract Law -- Trends in Legal Science Relating to Contracts and Torts -- The Economics of Trade Laws -- 7: Interdisciplinary Bridges between Legal Research and Other Sciences -- Synopsis -- On Bridging the So-Called Gap Between Normative Legal Dogmatics and Empirical-Theoretical Social Science -- Towards an Interdisciplinary Theory of Law -- Legal Science and Hermeneutic Point of View -- Legal Theory and Social Science -- Integration Between Legal Research and Social Science -- 8: Analysis of Legal Norms and Juristic Propositions -- Synopsis -- Karl Olivecrona’s Theory of Legal Rules as Independent Imperatives -- Norms of Competence in Scandinavian Jurisprudence -- A Tentative Analysis of Two Juristic Sentences -- 9: Logical and Preference-Theoretical Structures in the Law -- Synopsis -- Automated Analysis of Legislation -- Rights and Practical Possibilities -- Requirements, Urgency, and Worth -- The Property Right of Sweden Today — Or a Requiem over an Outdated Way of Argueing -- List of Participants -- Index of Names.
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  • 2
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    Dordrecht : Springer
    ISBN: 9789400963061
    Language: English
    Pages: Online-Ressource (236p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophical Studies Series in Philosophy 31
    Series Statement: Philosophical Studies Series 31
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    Keywords: Philosophy (General) ; Ethics
    Abstract: One: A Brentanist Theory of Moral Judgments -- 1.1. The Theory -- 1.2. Grounds for Preferring the Brentanist Theory to the Standard Non-Cognitivist Theories -- 1.3. Grounds for Preferring the Brentanist Theory to the Standard Cognitivist Theories -- 1.4. Answers to Some Objections to the Brentanist Theory -- Two: The Ideal Observer Theory and Moral Objectivism -- 2.1. An Argument for Accepting the Ideal Observer Theory as a Standard for Determining the Correctness of Moral Judgments -- 2.2. Firth’s Version of the Ideal Observer Theory -- 2.3. My Characterization of the Ideal Observer -- 2.4 Three Versions of the Ideal Observer Theory and Their Implications for the Objectivity of Moral Judgments -- 2.5. Sermonette on the Importance of Empathy -- 2.6. Intuitionism and the Ideal Observer Theory -- Three: Relativism and Nihilism -- 3.1 Some Different Meanings of the Term ‘Ethical Relativism’ -- 3.2. The Definition of ‘Meta-Ethical Relativism’ -- 3.3. Some Necessary Conditions of One’s Accepting a Moral Judgment or a Moral Principle -- 3.4. Meta-Ethical Relativism and Nihilism -- 3.5. A Non-Nihilistic Version of Meta-Ethical Relativism -- 3.6. Conclusion -- Four: The Wages of Relativism -- 4.1. What Sorts of Attitudes and Commitments Presuppose a Belief in the Objectivity of Normative Judgments? -- 4.2. Causal or Psychological Connections Between Meta-Ethical Views and Attitudes and First-Order Normative Standards -- Appendix I: Nietzsche on the Genealogy of Morals -- 1.1. Nietzsche’s Claims Concerning the Genealogy of Morals -- 1.2. What Are Nietzsche’s Genetic Claims Intended to Show? -- Appendix II: Normative Relativism and Nihilism -- Appendix III: Hare’s Version of the Ideal Observer Theory -- Notes -- Selected Bibliography.
    Abstract: My interest in the issues considered here arose out of my great frustration in trying to attack the all-pervasive relativism of my students in introductory ethics courses at Virginia Polytechnic Institute and State University. I am grateful to my students for forcing me to take moral relativism and skepticism seriously and for compelling me to argue for my own dogmatically maintained version of moral objectivism. The result is before the reader. The conclusions reached here (which can be described either as a minimal objectivism or as a moderate verson of relativism) are considerably weaker than those that I had expected and would have liked to have defended. I have arrived at these views kicking and screaming and have resisted them to the best of my ability. The arguments of this book are directed at those who deny that moral judgments can ever be correct (in any sense that is opposed to mistaken) and who also deny that we are ever rationally com­ pelled to accept one moral judgment as opposed to another. I have sought to take their views seriously and to fight them on their own grounds without making use of any assumptions that they would be unwilling to grant. My conclusion is that, while it is possible to refute the kind of extreme irrationalism that one often encounters, it is impossible to defend the kind of objectivist meta-ethical views that most of us want to hold, without begging the question against the non-objectivist.
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  • 3
    ISBN: 9789400969759
    Language: English
    Pages: Online-Ressource (604p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Analecta Husserliana, The Yearbook of Phenomenological Research 15
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    Keywords: Philosophy (General) ; Science Philosophy ; Ethics ; Phenomenology ; Science—Philosophy.
    Abstract: Inaugural Essay -- The Moral Sense: A Discourse on the Phenomenological Foundation of the Social World and of Ethics -- I Phenomenology in an Interdisciplinary Communication with the Human Sciences: Questions of the Method -- A. The Phenomenological Challenge in Sociology -- Phenomenological Methods in Sociological Research -- On the Meaning of ‘Adequacy’ in the Sociology of Alfred Schutz -- Contribution to the Debate: On the Phenomenological Challenge in Sociology -- Twentieth-century Realism and the Autonomy of the Human Sciences: The Case of George Santayana -- Method in Integrative Transformism -- Methodological Neutrality in Pragmatism and Phenomenology -- Contribution to the Debate: Heidegger on Rhetoric -- B. Human Being, World, Cognition -- The Problem of Reality as Seen from the Viewpoint of Existential Phenomenology -- Heidegger’s Transcendental-Phenomenological “Justification” of Science -- Contribution to the Debate: Heidegger’s Theory of Authentic Discourse -- A Descriptive Science of the Pretheoretical World: A Husserlian Theme in Its Historical Context -- Darwin’s Phenomenological Embarrassment and Freud’s Solution -- Contribution to the Debate: Phenomenology and Empiricism -- The Relationship of Theory and Emancipation in Husserl and Habermas -- Contribution to the Debate: Professor Wallulis on Theory and Emancipation -- C. Some Issues for Phenomenology in Epistemology and Philosophy of Religion -- The Reductions and Existence: Bases for Epistemology -- Intersubjectivity and Accessibility -- Once More into the Lion’s Mouth: Another Look at van der Leeuw’s Phenomenology of Religion -- II The Foundations of Morality and the Human Sciences -- A. Foundations of Morality and Nature -- Aground on the Ground of Values: Friedrich Nietzsche -- Man as the Focal Point of Human Science -- On Biologicized Ethics: A Critique of the Biological Approach to the Human Sciences -- B. Foundations of Morality and the Life-World -- The Foundations of Morality and the Human Sciences -- Value and Ideology -- Schutz’s Thesis and the Moral Basis for Humanistic Sociology -- The Moral Crisis of Explanation in the Social Sciences -- C. Science and Morality -- Medicine and the Moral Basis of the Human Sciences -- Heidegger’s Existential Conception of Science -- Philosophy and Psychology Confronted with the Need for a Moral Significance of Life -- Contribution to the Debate: Scientific Psychology and Moral Philosophy in the Knowledge of Human Nature: Two Lines of Research -- Contribution to the Debate: Some Remarks on the Role of Psychology in Man’s Ethical World View -- Emotion and the Good in Moral Development -- The Genesis of Moral Judgment -- D. Morality: From Life-Experience to Moral Concepts -- Surrender to Morality as the Morality of Surrender -- The Socio-philosophical Conception of Kurt H. Wolff -- On Purpose, Obligation, and Transcendental Semantics -- III Phenomenology and the Human Sciences in a Common Approach to “Human Rights” -- Le Primat du théorique à l’égard du normatif chez Husserl -- La Intersubjetividad absoluta en Husserl y el ideal de una sociedad racional -- On Some Contributions of Existential Phenomenology to Sociology of Law: Formalism and Historicism -- Rights, Responsibilities, and Existentialist Ethics -- Elementos para una teoria de la transubjetividad – A la fenomenología de los derechos humanos -- The Person, Basis for Human Rights -- Index of Names.
    Abstract: The essays in this volume constitute a portion of the research program being carried out by the International Society for Phenomenology and the Human Sciences. Established as an affiliate society of the World Institute for Ad­ vanced Phenomenological Research and Learning in 1976, in Arezzo, Italy, by the president of the Institute, Dr Anna-Teresa Tymieniecka, this particular society is devoted to an exploration of the relevance of phenomenological methods and insights for an understanding of the origins and goals of the specialised human sciences. The essays printed in the first part of the book were originally presented at the Second Congress of this society held at Purdue University, West Lafayette, Indiana, 12-14 July 1979. The second part of the volume consists of selected essays from the third convention (the Eleventh International Congress of Phenomenology of the World Phenomen­ ology Institute) held in Cambridge, Massachusetts in 1981. With the third part of this book we pass into the "Human Rights" issue as treated by the World Phenomenology Institute at the Interamerican Philosophy Congress held in Tallahassee, Florida, also in 1981. The volume opens with a mono­ graph by Anna-Teresa Tymieniecka on the foundations of ethics in the moral practice within the life-world and the social world shown as clearly distinct. The main ideas of this work had been presented by Tymieniecka as lead lectures to the three conferences giving them a tight research-project con­ sistency.
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  • 4
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    Dordrecht : Springer
    ISBN: 9789400972575
    Language: English
    Pages: Online-Ressource (188p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophical Studies Series in Philosophy 26
    Series Statement: Philosophical Studies Series 26
    Parallel Title: Erscheint auch als
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    Keywords: Philosophy (General) ; Ethics
    Abstract: One: The Ethics of Respect for Persons -- 1.1. Introduction -- 1.2. Empirical Choice -- 1.3. Rational Choice -- 1.4. Rational Empirical Choice -- 1.5. Considered Choice -- 1.6. Unencumbered Choice -- Two: The Nature of a Limits Thesis -- 2.1. Introduction -- 2.2. Defining a Protected Sphere -- 2.3. Enforcing Morality versus Preventing Harm -- 2.4. Positive Morality versus Critical Morality -- 2.5. Which Critical Morality Should be Enforced? -- 2.6. Which Specific Kinds of Conduct Are Immoral? -- 2.7. Procedural Matters and Democracy -- 2.8. Conclusions -- Three: The Harm Principle -- 3.1. Harm and Interests -- 3.2. A Respect-for-Persons Conception of Harm -- Four: Legal Paternalism -- 4.1. The Principle of Paternalism -- 4.2. Paternalism and Law -- Five: The Welfare Principle -- 5.1. Introduction -- 5.2. The Basis of Positive Rights -- 5.3. The Plausibility of Positive Rights -- 5.4. Positive Rights and Individual Action -- 5.5. Positive Rights, the State, and Collective Action -- Six: The Principle of Community -- 6.1. Introduction -- 6.2. Laissez-Faire versus Collective Control -- 6.3. The Scope of Collective Control -- Seven: The Principle of Necessary Means -- 7.1. Introduction -- 7.2. The Principle of Necessary Means -- 7.3. Some Uses of the Principle -- Eight: Exclusionary Principles -- 8.1. Introduction -- 8.2. The Principle of Free Speech -- 8.3. The Generalized Exclusionary Principle -- Nine: Punishment -- 9.1. Introduction -- 9.2. Punishment and Respect for Persons -- 9.3. General Justifying Aim -- 9.4. Distribution -- 9.5. Severity -- Ten: Evaluating Legislation -- 10.1. The Principles of Legal Coercion -- 10.2. Taxation and the Provision of Public Goods -- 10.3. Victimless Crimes and the Enforcement of Popular Morality: Pornography -- 10.4. The Problem of Offensive Conduct -- 10.5. Concluding Remarks -- Notes -- Selected Bibliography -- Index of Names -- Index of Subjects.
    Abstract: Are all of the commonly accepted aims of the use of law justifiable? Which kinds of behavior are justifiably prohibited, which kinds justifiably required? What uses of law are not defensible? How can the legitimacy or the ille­ gitimacy of various uses of law be explained or accounted for? These are questions the answering of which involves one in many issues of moral principle, for the answers require that one adopt positions - even if only implicitly - on further questions of what kinds of actions or policies are morally or ethically acceptable. The present work, aimed at questions of these kinds, is thus a study in the ethical evaluation of major uses of legal coercion. It is an attempt to provide a framework within which many questions about the proper uses of law may be fruitfully discussed. The framework, if successful, can be used by anyone asking questions about the defensibility of particular or general uses of law, whether from the perspective of someone considering whether to bring about some new legal provision, from the perspective of someone concerned to evaluate an eXisting provision, or from that of someone concerned more abstractly with questions about the appropriate substance of an ideal legal system. In addressing these and associated issues, I shall be exploring the extent to which an ethics based on respect for persons and their autonomy can handle satisfactorily the problems arising here.
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  • 5
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    Online Resource
    Dordrecht : Springer
    ISBN: 9789401720496
    Language: English
    Pages: Online-Ressource (XI, 452 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Synthese Library, Studies in Epistemology, Logic, Methodology, and Philosophy of Science 162
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    Keywords: Philosophy (General) ; Philosophy of law ; Ethics ; Law—Philosophy.
    Abstract: Working Conceptions of “The Law” -- Rules and Reason -- The Rôle of the Judge -- Concluding Comments -- Justification as Coherence -- Precedent, Discretion and Fairness -- Rights and Claims -- Rights, Claims and Remedies -- Rights and Justified Claims -- Concluding Comments -- The Tendency to Deprave and Corrupt -- Obscenity and the Law -- Obscenity and the Law in Practice -- Concluding Comments -- Justifications of Reverse Discrimination -- Is Reverse Discrimination Fair? -- Reverse Discrimination -- Concluding Comments -- Duress per Minas as a Defence to Crime: I -- Duress per Minas as a Defence to Crime: II -- Duress per Minas as a Defence to Crime: III -- Duress and Necessity as Defences to Crime: A Postcript -- Cruel and Unusual Punishments -- Retributivism and the Death Sentence -- Punishment and Respect for Persons -- Concluding Comments -- Indexes.
    Abstract: The Royal Institute of Philosophy has been sponsoring conferences in alternate years since 1969. These have from the start been intended to be of interest to persons who are not philosophers by profession. They have mainly focused on interdisciplinary areas such as the philosophies of psychology, education and the social sciences. The volumes arising from these conferences have in­ cluded discussions between philosophers and distinguished prac­ titioners of other disciplines relevant to the chosen topic. Beginning with the 1979 conference on 'Law, Morality and Rights' and the 1981 conference on 'Space, Time and Causality' these volumes are now constituted as a series. It is hoped that this series will contribute to advancing philosophical understanding at the frontiers of philosophy and areas of interest to non-philos­ ophers. It is hoped that it will do so by writing which reduces technicalities as much as the subject-matter permits. In this way the series is intended to demonstrate that philosophy can be clear and worthwhile in itself and at the same time relevant to the interests of lay people.
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  • 6
    ISBN: 9789400970779
    Language: English
    Pages: Online-Ressource (212p) , digital
    Edition: 1
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophical Studies Series in Philosophy 27
    Series Statement: Philosophical Studies Series 27
    Parallel Title: Erscheint auch als
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    Keywords: Philosophy (General) ; Philosophy ; Ethics ; Religion—Philosophy.
    Abstract: I / Introduction -- III / Practical Reasoning, Action, and Weakness of Will -- III/ The Dilemma of Obligability -- IV/ Was Free Will a Pseudo-Problem? -- V/ The Fly in the Flypaper -- VI/ Oughts and Cans -- VII/ Unprincipled Morality -- VIII/ Beyond Intuitionism — A Step -- IX/ “To Forgive All…” -- X/ “With God All is Permitted” -- Notes.
    Abstract: "He [Francis Bacon] writes of science like a Lord Chan cellor" - William Harvey "Don't say: 'There must be something common . . . ' - but look and see" Ludwig Wittgenstein In the history of western moral philosophy since Plato, there has been a pervasive tendency for the moral theorist to wri~e, in effect, like a scientist, Le. to seek completely general prin­ ciples of right conduct. Of late, moreover, there has been an attempt to set forth a theory underlying the general principles, not of right conduct, admittedly, but of justice. To be sure, we are sometimes warned that the principles (which must exist?) may be too complex to be formulated. Also they may not exist prior to action - nonetheless, we are told, they serve as guides to conduct! One inight argue that Baconian inductivism provides one basis for skepticism with respect to a number of familiar epistemological problems. Thus, the skeptic argues, a certain conclusion - say, the existence of another's pain - is not justified on the basis of (behavioral) evidence either deductively or inductively, and hence it is not justified at all. Similarly, I should claim, by establishing an unattainable standard, the search for exceptionless principles may become a source of moral skepticism. After all, when con­ fronted with a supposed principle designed to justify a particular ix x PREFACE action, one can generally imagine a counter-example to the prin­ ciple without excessive difficulty.
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  • 7
    ISBN: 9789401090513
    Language: English
    Pages: Online-Ressource (224p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Theory and Decision Library, An International Series in the Philosophy and Methodology of the Social and Behavioral Sciences 26
    Series Statement: Theory and Decision Library 26
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    Keywords: Philosophy (General) ; Ethics
    Abstract: I. Moral Cognition -- II. Ethical Systems and Boolean Algebra -- III. Boolean Algebra, Exponent, Logarithm -- IV. Individuals, Reflection, and Interaction -- V. Automata with Semantics and Ethical Status -- VI. A Formal Representation of Doubts and Feelings -- VII. A Formal Comparison of Ethical Systems: Feeling Guilty, Condemnation, Doubt -- VIII. A Formal Comparison of Ethical Systems: Doubts and Ethical Status -- IX. Ethical Analysis of Artistic and Propagandistic Literature -- X. Experimental Analysis of Normative Individuals -- XI. The Principle of Maximization of the Ethical Status of One’s Image of Oneself -- XII. Feelings and Sacrifices -- XIII. Formal Connections Between Modules of Inner Structures and Individuals -- XIV. Interaction. Activity and Its Measure -- XV. Ethical Typology in the Novel Crime and Punishment by Dostoevsky -- XVI. Ideology, Morality, and Political Organization -- XVII. Generalization. Proof of Existence of Ethically Nonmeasurable Situations -- Conclusion. The Problem of Substantiating the Initial Axioms -- Epilogue -- Appendix 1. Construction of Judgments about the Correctness of Images and Judgments -- Appendix 2. Ethical Systems and Multivalued Logics -- Appendix 3. Self-generation of Environments -- Appendix 4. A Method of Calculating Mean Ethical Statuses -- Appendix 5. Types of Adequacy of Reflexion -- Appendix 6. Schemes of Empirical Procedures -- Appendix 7 Tables -- Appendix 8. Problems of Substantiating the Initial Axioms in an Arbitrary Environment -- Appendix 9. Another Method of Representing Individuals -- Appendix 10. The Principle of Complementarity and the Phenomenon of Interference in the Algebraic Model of Ethical Cognition -- References.
    Abstract: In this book two ethical systems are described in the language of mathematics. Ordinarily mathematics is thought to be a science of quantity. Indeed, manipulation of quantities constitutes much of mathematics. Elementary applied mathematics deals with reckoning and measurement, where concrete quantities are objects of attention, such as counting sheep or weighing corno But the operations on these quantities are performed with the help of symbols, from which concrete referents have been 'abstracted out': 3 + 5 = 8 regardless of whether the symbols stand for numbers of sheep or tons of corno Thus, the first principle that exhibits the power of mathematics is abstraction. It is one ofthe three pillars on which the edifice of mathematics rests. Another pillar is precision. Ordinarily, man communicates by words. W ords serve communication to the extent that they refer to things, events, states of affairs, feelings of the speaker, and so on. These are the meanings attributed to words. Communication is successful to the extent that the meanings coded upon words by the speaker correspond to the meanings decoded by the hearer. As is weH known, the degree ofthis correspondence varies enormously in different contexts of discourse and with the back­ grounds or attitudes of the speakers and hearers. Mathematics is a language in which the meanings ofthe symbols (the 'words' ofthis language) are absolutely precise. This precision is achieved by abstraction. Abstract terms are defined by their relations to other terms and by nothing else.
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  • 8
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    Dordrecht : Springer
    ISBN: 9789400978317
    Language: English
    Pages: Online-Ressource (316p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 12
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    Keywords: Philosophy (General) ; Ethics
    Abstract: Section I / Health Care Teams and the Physician-Patient Relationship -- An Historical View of Health Care Teams -- Once On Top, Now On Tap: American Physicians View Their Relationships With Patients, 1920–1970 -- Section II / Authority and Responsibility in the Practice of Medicine -- The Concept of Responsibility in Medicine -- Comments on “The Concept of Responsibility in Medicine” -- Authority and the Profession of Medicine -- Power, Authority, and Rights in the Practice of Medicine -- Medical Authority and Professional Medical Authority: The Nature of Authority in Medicine for Decisions by Lay Persons and Professionals -- Section III / Ethics of Consultation and Interprofessional Relationships -- Medical Consultations in the Context of the Physician-Patient Relationship -- Integrity in Interprofessional Relationships -- Consulting With Integrity: Some Reflections on Team Health Care and Professional Responsibility -- Logical Confusions and Moral Dilemmas in Health Care Teams and Team Talk -- Responsibility and Health Care Teams: A Health Professional’s Perspective -- Section IV / Legal and Political Responsibility in Health Care Matters -- Legal Responsibility in Health Care: Whose Fault is It Anyway? -- Reaching Closure on Health-Related Controversies -- Responsibility and Public Policy in Health Care: Commentary on Essays by Williams and Rich -- Notes on Contributors.
    Abstract: Medicine is a complex social institution which includes biomedical research, clinical practice, and the administration and organization of health care delivery. As such, it is amenable to analysis from a number of disciplines and directions. The present volume is composed of revised papers on the theme of "Responsibility in Health Care" presented at the Eleventh Trans­ Disciplinary Symposium on Philosophy and Medicine, which was held in Springfield, illinois on March 16-18, 1981. The collective focus of these essays is the clinical practice of medicine and the themes and issues related to questions of responsibility in that setting. Responsibility has three related dimensions which make it a suitable theme for an inquiry into clinical medicine: (a) an external dimension in legal and political analysis in which the State imposes penalties on individuals and groups and in which officials and governments are held accountable for policies; (b) an internal dimension in moral and ethical analysis in which individuals take into account the consequences of their actions and the criteria which bear upon their choices; and (c) a comprehensive dimension in social and cultural analysis in which values are ordered in the structure of a civilization ([8], p. 5). The title "Responsibility in Health Care" thus signifies a broad inquiry not only into the ethics of individual character and actions, but the moral foundations of the cultural, legal, political, and social context of health care generally.
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  • 9
    ISBN: 9789400977235
    Language: English
    Pages: Online-Ressource (248p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Philosophy and Medicine 10
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    Keywords: Philosophy (General) ; Ethics
    Abstract: Section I / The Physician as Moral Arbiter -- The Physician as a Moral Force in American History -- The Physician as Moral Arbiter -- Section II / The Costs of New Knowledge -- Moral Issues Relating to the Economics of New Knowledge in the Biomedical Sciences -- Only the Best is Good Enough? -- Section III / Costs, Benefits, and the Responsibilities of Medical Science -- Morality and the Social Control of Biomedical Technology -- Rights and Responsibilities in Medical Science -- Health, Justice, and Responsibility -- Section IV / Biomedical Knowledge: Libertarian vs. Socialist Models -- The Need to Know: Utilitarian and Esthetic Values of Biomedical Science -- Medical Knowledge as a Social Product: Rights, Risks, and Responsibilities -- Biomedical Knowledge: Progress and Priorities -- Section V / Biomedical Ethics and Advances in Biomedical Science -- Applying Morality to Advances in Biomedicine: Can and Should This be Done? -- Biomedicine, Health Care Policy, and the Adequacy of Ethical Theory -- Section VI / Conclusions and Reflections: Present and Future Problems -- Why New Technology is More Problematic than Old Technology -- The Uses of Biomedical Knowledge: The End of the Era of Optimism? -- The Best is Yet to Come -- Scientific Advance, Technological Development, and Society -- The Life-World and the Patient’s Expectations of New Knowledge -- Epilogue -- Notes on Contributors.
    Abstract: The spectacular development of medical knowledge over the last two centuries has brought intrusive advances in the capabilities of medical technology. These advances have been remarkable over the last century, but especially over the last few decades, culminating in such high technology interventions as heart transplants and renal dialysis. These increases in medical powers have attracted societal interest in acquiring more such knowledge. They have also spawned concerns regarding the use of human subjects in research and regarding the byproducts of basic research as in the recent recombinant DNA debate. As a consequence of the development of new biomedical knowledge, physicians and biomedical scientists have been placed in positions of new power and responsibility. The emergence of this group of powerful and knowledgeable experts has occasioned debates regarding the accountability of physicians and biomedical scientists. But beyond that, the very investment of resources in the acquisition of new knowledge has been questioned. Societies must decide whether finite resources would not be better invested at this juncture, or in general, in the alleviation of the problems of hunger or in raising general health standards through interventions which are less dependent on the intensive use of high technology. To put issues in this fashion touches on philosophical notions concerning the claims of distributive justice and the ownership of biomedical knowledge.
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  • 10
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    Dordrecht : Springer
    ISBN: 9789400984431
    Language: English
    Pages: Online-Ressource (318p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: The University of Western Ontario Series in Philosophy of Science, A Series of Books in Philosophy of Science, Methodology, Epistemology, Logic, History of Science, and Related Fields 17
    Series Statement: The Western Ontario Series in Philosophy of Science, A Series of Books in Philosophy of Science, Methodology, Epistemology, Logic, History of Science, and Related Fields 17
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    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Biology Philosophy ; Science Philosophy ; Ethics ; Biology—Philosophy. ; Science—Philosophy.
    Abstract: 1. The Structure of Evolutionary Theory -- 1.1. Three features of physico-chemical theories -- 1.2. Evolutionary theory and the observational/theoretical dichotomy -- 1.3. Is evolutionary theory hypothetico-deductive? -- 1.4. But is genetics really part of evolutionary theory? -- 1.5. The consilient nature of evolutionary theory -- 1.6. Conclusion -- Notes -- 2. The Evidence for Evolutionary Theory -- 2.1. Evidence for the synthetic theory’s core -- 2.2. Evidence for the whole theory -- 2.3. Rivals: The first chapter of Genesis -- 2.4. Rivals: Lamarckism -- 2.5. Rivals: Saltationism -- 2.6. Rivals: Orthogenesis -- 2.7. Evolutionary logic -- Notes -- 3. Karl Popper and Evolutionary Biology -- 3.1. Evolutionary theory as a metaphysical research programme -- 3.2. The problem of speciation -- 3.3. Is natural selection a tautology? -- 3.4. The problem of gradual change -- 3.5. Popperian saltationism -- 3.6. Evolutionary biology and evolutionary epistemology -- 4. The Last Word on Teleology, or Optimality Models Vindicated -- 4.1. The teleology of biology -- 4.2. Artifacts and adaption -- 4.3. Consequences and amplifications -- Notes -- 5. The Molecular Revolution in Genetics -- 5.1. Scientific advance: reduction or replacement? -- 5.2. What kind of revolution occurred in genetics? -- 5.3. But did ‘strong’ reduction really occur? -- 5.4. David Hull objects -- Notes -- 6. Does Genetic Counselling Really Raise The Quality of Life? -- 6.1. Genetic counseling -- 6.2. The John F. Kennedy Institute Tay-Sachs programme -- 6.3. The limitations to genetic counseling -- 6.4. The problem of abortion -- 6.5. The problem of the poor -- 6.6. The problem of minorities -- 6.7. What is genetic disease? -- 6.8. Conclusion -- Notes -- 7. The Recombinant Dna Debate: A Tempest in A Test Tube? -- 7.1. The recombinant DNA debate -- 7.2. The nature of recombinant DNA research -- 7.3. The positive case for recombinant DNA research -- 7.4. The negative case against recombinant DNA research -- 7.5. Do the benefits outweight the risks? -- 7.6. The dangers of recombinant DNA research -- 7.7. The argument from epidemiology -- 7.8. Recombinant DNA research considered as science -- 7.9. Can one really separate science and technology? -- 7.10. Epilogue -- Notes -- 8. Sociobiology: Sound Science or Muddled Metaphysics? -- 8.1. What is sociobiology -- 8.2. Humans as seen through the lens of sociobiology -- 8.3. Other sociobiological claims -- 8.4. Is human sociobiology facist? -- 8.5. Is sociobiology prejudiced against homosexuals? -- 8.6. The testability of sociobiology -- 8.7. The falsity of sociobiology -- 8.8. Sociobiology and philosophy -- Notes -- 9. Is Science Sexist? The Case of Sociobiology -- 9.1. How science can show bias -- 9.2. Freudian psychoanalytic theory -- 9.3. The sociobiology of human sexuality: Wilson -- 9.4. The sociobiology of human sexuality: Symons -- 9.5. Is sociobiology sexist? The lesser charges -- 9.6. Is sociobiology sexist? The major charge -- 9.7. Concluding reflections for the feminist -- Notes -- 10. Are Homosexuals Sick? -- 10.1.Two models of health and sickness -- 10.2. The empirical facts about homosexuality -- 10.3. Psychoanalytic causal explanations -- 10.4. Endocrinal causal explanations of homosexuality -- 10.5. Sociobiological causal explanations -- 10.6. Conclusion -- Appendix 1. Matrix comparing sickness models against putative facts about homosexuality -- Appendix 2. Freud’s letter to an American Mother -- Notes -- Name Index.
    Abstract: Philosophy of biology has a long and honourable history. Indeed, like most of the great intellectual achievements of the Western World, it goes back to the Greeks. However, until recently in this century, it was sadly neglected. With a few noteworthy exceptions, someone wishing to delve into the subject had to choose between extremes of insipid vitalism on the one hand, and sterile formalizations of the most elementary biological principles on the other. Whilst philosophy of physics pushed confidently ahead, the philosophy of biology languished. In the past decade, however, things have changed dramatically. A number of energetic and thoughtful young philosophers have made real efforts to master the outlines and details of contemporary biology. They have shown that many stimulating problems emerge when analytic skills are turned towards the life-sciences, particularly if one does not feeI con­ strained to stay only with theoretical parts of biology, but can range over to more medical parts of the spectrum. At the same time, biology itself has had one of the most fruitful yet turbulent periods in its whole history, and more and more biologists have grown to see that many of the problems they face take them beyond the narrow confines of empiric al science: a broader perspective is needed.
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  • 11
    Online Resource
    Online Resource
    Dordrecht : Springer
    ISBN: 9789400988378
    Language: English
    Pages: Online-Ressource (VIII, 147 p) , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Melbourne International Philosophy Series 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Ethics ; Philosophy, Modern.
    Abstract: I. Introduction -- 1. Berlin’s Distinction -- 2. MacCallum on Positive and Negative Liberty -- 3. The Strategy of the Argument -- II. The Freedom to do a Particular Thing: The Objective Side -- 4. Restraint and Incapacity -- 5. Coercion -- 6. Coercion and the Wage Agreement -- 7. The Probability of Doing ? -- III. The Freedom to do a Particular Thing: The Subjective Side -- 8. Belief and Information -- 9. Psychological Barriers, Autonomy, and Freedom -- 10. The Desire to Do ? -- IV. Personal Freedom -- 11. Berlin’s Five Factors -- 12. The Number and Variety of Alternatives -- 13. The Probability of the Alternatives -- 14. The Value of the Alternatives -- V. Social Liberty -- 15. The Characterization -- 16. Outlines of a Positive Libertarian Social Program -- 17. A Positive Approach to Speech -- 18. Redistribution -- 19. Left and Right Libertarianism -- VI. Criticisms of Positive Liberty -- 20. That Positive Liberty Extends the Notion to Meaninglessness -- 21. Liberty and its Conditions of Exercise -- 22. Liberty and the Conditions that Give it Worth -- 23. “Liberty” in Ordinary Language -- 24. The Special Evils of Restraint and Coercion -- 25. Human Rights, Coercion, and Non-Aid -- VII. The Value of Liberty -- 26. The Consequences of Liberty -- 27. Intrinsic Value Defined -- 28. The Intrinsic Value of Autonomy and Liberty -- 29. Value and the Structure of Positive Liberty -- 30. An Egalitarian Argument for Positive Liberty -- VIII. The Costs and Limits of Liberty -- 31. Decision Costs -- 32. Personal Costs and Paternalism -- 33. Social Costs -- 34. Individual Decision and Collective Decision -- Notes.
    Abstract: Liberty is perhaps the most praised of all social ideals. Rare is the modern political movement which has not inscribed "liberty," "freedom," "liber­ ation," or "emancipation" prominently on its banners. Rarer still is the political leader who has spoken out against liberty, though, of course, some have condemned "license. " While there is overwhelming agreement on the value of liberty, however, there is a great deal of disagreement on what liberty is. It is this fact that explains how it is possible for the most violently opposed of political parties to pay homage to the "same" ideal. From among the many ways liberty is understood, this essay will be concerned with only two. The first takes liberty to be the absence of human interference with the individual's actions. This is the way liberty has been understood by the Anglo-American "liberal" tradition from Thomas Hobbes in the seventeenth century to l. S. Mill in the nineteenth to such contemporary, and very dissimilar, political philosophers as John Rawls and Robert Nozick. The "absence of interference" school is far from monolithic in its understanding of liberty, but it is united in its opposition to a rival account on which liberty is not taken to be the absence of human interference but rather the presence of diverse pos­ sibilities or opportunities.
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  • 12
    ISBN: 9789400989887
    Language: English
    Pages: Online-Ressource , digital
    Edition: Springer eBook Collection. Humanities, Social Sciences and Law
    Series Statement: Boston Studies in the Philosophy of Science 19-2
    Series Statement: Boston Studies in the Philosophy and History of Science 19-2
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Philosophy (General) ; Ethics
    Abstract: III: An Indeterministic Theory of Time -- I. Philosophical Interpretations of Quantum Physics -- II. The Problem of Causality in an Indeterministic Science -- III. Relativity and the Atom -- IV. Laws of Nature and Time’s Arrow -- V. The Symmetry of Time and the Branch Hypothesis -- IV: Universal Aspects of Time -- I. The Measurement of Time -- II. The Ontological Status of Time -- III. The Reality of Time -- IV. The Causal Nature of Time -- V. The Symmetry of Time -- VI. The Psychology of Time -- Conclusion -- Bibliography of Works Cited In Volumes One and Two -- Bibliography Of Writings Of Henry Mehlberg -- Index Of Names To Volumes One And Two.
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