We report on an interview-based study of decision-making capacity in two classes of patients suffering from depression. Developing a method of second-person hermeneutic phenomenology, we articulate the distinctive combination of temporal agility and temporal inability characteristic of the experience of severely depressed patients. We argue that a cluster of decision-specific temporal abilities is a critical element of decision-making capacity, and we show that loss of these abilities is a risk factor distinguishing severely depressed patients from mildly/moderately depressed patients. We explore (...) the legal and clinical consequences of this result. (shrink)

The exercise of judgement is an aspect of human endeavour from our most mundane acts to our most momentous decisions. In this book Wayne Martin develops a historical survey of theoretical approaches to judgement, focusing on treatments of judgement in psychology, logic, phenomenology and painting. He traces attempts to develop theories of judgement in British Empiricism, the logical tradition stemming from Kant, nineteenth-century psychologism, experimental neuropsychology and the phenomenological tradition associated with Brentano, Husserl and Heidegger. His reconstruction of vibrant but (...) largely forgotten nineteenth-century debates links Kantian approaches to judgement with twentieth-century phenomenological accounts. He also shows that the psychological, logical and phenomenological dimensions of judgement are not only equally important but fundamentally interlinked in any complete understanding of judgement. His book will interest a wide range of readers in history of philosophy, philosophy of the mind and psychology. (shrink)

I assess a series of arguments intended to show that 'ought' implies 'can'. Two are rooted in uses of 'ought' in contexts of deliberation and command. A third draws on the distinctive resources of deontic logic. I show that, in each case, the arguments leave scope for forms of infinite moral consciousness—forms of moral consciousness in which a moral obligation retains its authority even in the face of the conviction that the obligation is impossible to fulfil. In this respect the (...) paper sides with Martin Luther against Erasmus and Kant. (shrink)

Despite thermodynamic, bioenergetic and phylogenetic failings, the 81‐year‐old concept of primordial soup remains central to mainstream thinking on the origin of life. But soup is homogeneous in pH and redox potential, and so has no capacity for energy coupling by chemiosmosis. Thermodynamic constraints make chemiosmosis strictly necessary for carbon and energy metabolism in all free‐living chemotrophs, and presumably the first free‐living cells too. Proton gradients form naturally at alkaline hydrothermal vents and are viewed as central to the origin of life. (...) Here we consider how the earliest cells might have harnessed a geochemically created proton‐motive force and then learned to make their own, a transition that was necessary for their escape from the vents. Synthesis of ATP by chemiosmosis today involves generation of an ion gradient by means of vectorial electron transfer from a donor to an acceptor. We argue that the first donor was hydrogen and the first acceptor CO2. (shrink)

The paper assesses Martin's recent logico-phenomenological account of judgment that is cast in the form of an eclectic history of judging, from Hume and Kant through the 19th century to Frege and Heidegger as well as current neuroscience. After a preliminary discussion of the complex unity and temporal modalities of judgment that draws on a reading of Titian's "Allegory of Prudence" , the remainder of the paper focuses on Martin's views on Kant's logic in general and his theory of singular (...) existential judgment in particular. The paper argues against Martin's key claims of the primacy of formal logic over transcendental logic and of the synthetic nature of judgment in Kant. It also takes issue with each of the four interpretations of singular existential judgment in Kant offered by Martin: existence as logical predicate, as copula, as thesis and as logical subject. (shrink)

This new interpretation of Fichte's Jena system focuses on the problem of the objectivity of consciousness.

The realization that prokaryotes naturally and frequently disperse genes across steep taxonomic boundaries via lateral gene transfer gave wings to the idea that eukaryotes might do the same. Eukaryotes do acquire genes from mitochondria and plastids and they do transfer genes during the process of secondary endosymbiosis, the spread of plastids via eukaryotic algal endosymbionts. From those observations it, however, does not follow that eukaryotes transfer genes either in the same ways as prokaryotes do, or to a quantitatively similar degree. (...) An important illustration of the difference is that eukaryotes do not exhibit pangenomes, though prokaryotes do. Eukaryotes reveal no detectable cumulative effects of LGT, though prokaryotes do. A critical analysis suggests that something is deeply amiss with eukaryote LGT theories. In prokaryotes, genes from the environment can enter the genome via lateral gene transfer. In eukaryote genetics, natural variation comes from within the genome, not from the environment. Yet many reports claim that eukaryotes undergo LGT just like prokaryotes. Such claims do not withstand scrutiny and are probably untrue. (shrink)

Fichte’s early review of C. A. L. Creuzer’s neglected and idiosyncratic skeptical book on free will posed a serious challenge to what at the time was emerging as a consensus Kantian position on the role of free choice in the generation of imputable action. Fichte’s review was directed as much against Reinhold’s important letter on freedom of the will as it was against Creuzer himself. In the course of his brief review, Fichte suggests an important recasting of the strategy of (...) the Kantian postulates of rational faith; he poses a dilemma for the Reinholdian understanding of the relationship among an autonomous practical will, a free power of choice, and the actions of natural human organisms; and he hints at a radical reappropriation of the rationalist doctrine of pre-established harmony in re-orienting the search for a defensible reconstruction of a broadly Kantian position on the problem of free will. (shrink)

Bullying is a serious problem in today’s workplace, in that, a large percentage of employees have either been bullied or knows someone who has. There are a variety of ethical concerns dealing with bullying—that is, courses of action to manage the bullying contain serious ethical/legal concerns. The inadequacies of legal protections for bullying in the U.S. workplace also compound the approaches available to deal ethically with bullying. While Schumann (2001, Human Resource Management Review 11, 93–111) does not explicitly examine bullying, (...) the five moral principles that he advocates can be applied to judge the ethics of bullying in the workplace. A possible limitation of this model is that, it is designed to be normative (judgmental), and while it does take into consideration the relationships among the victim, the perpetrator, the groups in the organization, and the organization itself in judging the ethics of bullying, it does not explicitly consider the process by which bullying might develop and persist. In order to gain a deeper understanding of the dynamics of this process, Nijhof and Rietdijk (1999, Journal of Business Ethics 20(1), 39–50)) suggest applying an A–B–C (antecedents, behaviors, and consequences) model to help understand the dynamics of bullying in the workplace. Formal propositions are offered to guide both academics and practitioners to an enriched understanding of the ethics of workplace bullying. (shrink)

The United Nations human rights system has in recent years been divided on the question as to whether coercive care interventions, including coercive psychiatric care, can ever be justified under UN human rights standards. Some within the UN human rights community hold that coercive care can comply with human rights standards, provided that the coercive intervention is a necessary and proportionate means to achieve certain approved aims, and that appropriate legal safeguards are in place. Others have held that coercive care (...) is never justified. Disagreement over this issue has produced an impasse in the UN human rights system. We survey the impasse with particular attention to the legal arguments that inform the divergent positions. In doing so we introduce a distinction among a variety of different ‘abolitionist’ positions regarding coercive care, and draw a distinction between ‘non-consensual’ and ‘coercive’ treatment. We conclude with three proposals for moving beyond the current impasse. (shrink)

This article examines the various pedagogic models suggested by widely used texts and finds them to be predominately rule-based or rule directed. These approaches to the subject matter of business ethics are quite valuable ones, but we find them to leave no room for the study of the virtues. We intend to articulate our reasons for supporting a central if not exclusive role for virtue ethics.

ABSTRACTTime-consciousness has long been a focus of research in phenomenology and phenomenological psychology. We advance and extend this tradition of research by focusing on the character of temporal experience under conditions of mania. Symptom scales and diagnostic criteria for mania are peppered with temporally inflected language: increased rate of speech, racing thoughts, flight-of-ideas, hyperactivity. But what is the underlying structure of temporal experience in manic episodes? We tackle this question using a strategically hybrid approach. We recover and reconstruct three hypotheses (...) regarding manic temporality that were advanced and modeled by two pioneers of clinical phenomenology: Eugène Minkowski and Ludwig Binswanger. We then test, critique, and refine these hypotheses using heterophenomenological methods in an interview-based study of persons with a history of bipolar and a current diagnosis of acute mania. Our conclusions support a central hypothesis due to Minkowski... (shrink)

In his pioneering work of moral phenomenology, K. E. Løgstrup offered a phenomenological articulation of a central moment of ethical life: the experience in which “one finds oneself with the life of another more-or-less in one’s hands”. In such circumstances we encounter what Løgstrup calls simply the ethical demand. Løgstrup’s preferred formulation of the content of that demand is taken from the Bible: Love thy neighbor. This neighborly love is expressed in the form of spontaneous, selfless care for the other. (...) We shall have occasion in what follows to return to the content that Løgstrup associates with the ethical demand, but my primary focus here is not its content but its distinctive modality. Løgstrup specifies that modality in a fourfold analysis: the ethical demand is radical, silent, one-sided, and unfulfillable. My concern in what follows will be with the fourth element in this analysis – or what I shall refer to simply as Løgstrup’s unfulfillability thesis. My discussion addresses three specific questions: Is it coherent to suppose that the ethical demand is unfulfillable? Why does Løgstrup hold that the ethical demand is unfulfillable? What kind of response is appropriate in the face of an unfulfillable ethical demand? (shrink)

Assessment of decision-making capacity (DMC) can be difficult in acquired brain injury (ABI) particularly with the syndrome of organic personality disorder (OPD) (the “frontal lobe syndrome”). Clinical neuroscience may help but there are challenges translating its constructs to the decision-making abilities considered relevant by law and ethics. An in-depth interview study of DMC in OPD was undertaken. Six patients were purposefully sampled and rich interview data were acquired for scrutiny using interpretative phenomenological analysis. Interview data revealed that awareness of deficit (...) and thinking about psychological states can be present. However, the awareness of deficit may not be “online” and effectively integrated into decision-making. Without this online awareness of deficit the ability to appreciate or use and weigh information in the process of deciding some matters appeared absent. We argue that the decision-making abilities discussed are: (1) necessary for DMC, (2) threatened by ABI, and (3) assessable at interview. Some advice for practically incorporating these abilities within assessments of DMC in patients with OPD is outlined. (shrink)

Like biological species, languages change over time. As noted by Darwin, there are many parallels between language evolution and biological evolution. Insights into these parallels have also undergone change in the past 150 years. Just like genes, words change over time, and language evolution can be likened to genome evolution accordingly, but what kind of evolution? There are fundamental differences between eukaryotic and prokaryotic evolution. In the former, natural variation entails the gradual accumulation of minor mutations in alleles. In the (...) latter, lateral gene transfer is an integral mechanism of natural variation. The study of language evolution using biological methods has attracted much interest of late, most approaches focusing on language tree construction. These approaches may underestimate the important role that borrowing plays in language evolution. Network approaches that were originally designed to study lateral gene transfer may provide more realistic insights into the complexities of language evolution.Editor's suggested further reading in BioEssaysLinguistic evidence supports date for Homeric epics Abstract. (shrink)

Thanks to Barton Palmer and John McMillan for these thoughtful commentaries. We found much to agree with and it is striking how so many of the issues relating to decision-making capacity assessment find resonances outside of an English jurisdiction. California and New Zealand are clearly grappling with a very similar set of issues and the commentaries speak to the international nature of these discussions.We will pick up on some main points the commentaries raise.As Palmer notes, DMC law is vulnerable to (...) the criticism that it does not attend to the authenticity of a decision. In ordinary language, this is the idea that someone is deciding while “not their self” or that it is the “illness speaking.” There is a... (shrink)

In their discussion paper of November 2020, Cooket alpresent a draft protocol for navigating circumstances in which emergency services are overwhelmed. Their paper suggests that COVID-related triage decisions should be based on clinical assessment, patient and family consultation, and a range of ethical considerations. In this response, we note that the protocol exhibits an ambiguity that is likely to result in irresolvable dilemmas when put into practice. This ambiguity is exemplified in the paper’s prime ethical imperative (to ‘save more lives (...) and more years of life’), which takes the form of an undefined conjunction whose practical implications are left unspecified. We see this ambiguity in the prime imperative as one manifestation of a broader set of tensions in the protocol. We show that the discipline of human rights provides an essential supplement to the ethical framework on which Cook and colleagues rely, providing a framework for understanding and working through triage dilemmas involving age, discrimination and equality. (shrink)

Socially responsible investing identifies the fiduciary duty and liability for financial advisors serving individual and institutional clients when consulting in the SRI space. This article first discusses the role of a fiduciary emerging from both a legal and an ethical basis. Further, the special aspects of maintaining fiduciary duty and minimizing fiduciary liability are described as they relate to SRI. A number of recommendations are discussed: legal, ethical, and practice. This study argues that prudence focuses more on the process of (...) decisions rather than their outcomes, as measured exclusively by rate of return. (shrink)

It is customary to identify transcendental philosophy as the distinctive and original invention of Immanuel Kant. Certainly this was a view that Kant himself did much to encourage. But this chapter argues that traces of the transcendental strategy can be found already among the ancients. One such ancient precedent is associated with the Stoic doctrine of oikeiosis. It is argued that oikeiosis is best understood as a form of normative orientation associated with 'being at home ' in one's body and (...) environment, and that it involves a distinctive form of ontological self-consciousness. This chapter assesses the merits of Stoic claims that oikeiosis figures as a condition on the possibility of desire, pleasure, and even perception, and the chapter considers the case for describing these arguments as examples of transcendental investigation. (shrink)

The question concerning the meaning of life is important, but it immediately confronts the present authors with insurmountable obstacles from a philosophical standpoint, as it would require us to define not only what we hold to be life, but what we hold to be meaning in addition, requiring us to do both in a properly researched context. We unconditionally surrender to that challenge. Instead, we offer a vernacular, armchair approach to life’s origin and meaning, with some layman’s thoughts on the (...) meaning of origins as viewed from the biologist’s standpoint. One can observe that biologists generally approach the concept of biological meaning in the context of evolution. This is the basis for the broad resonance behind Dobzhansky’s appraisal that “Nothing in biology makes sense except in the light of evolution”. Biologists try to understand living things in the historical context of how they arose, without giving much thought to the definition of what life or living things are, which for a biologist is usually not an interesting question in the practical context of daily dealings with organisms. Do humans generally understand life’s meaning in the context of history? If we consider the problem of life’s origin, the question of what constitutes a living thing becomes somewhat more acute for the biologist, though not more answerable, because it is inescapable that there was a time when there were no organisms on Earth, followed by a time when there were, the latter time having persisted in continuity to the present. This raises the question of where, in that transition, chemicals on Earth became alive, requiring, in turn, a set of premises for how life arose in order to conceptualize the problem in relation to organisms we know today, including ourselves, which brings us to the point of this paper: In the same way that cultural narratives for origins always start with a setting, scientific narratives for origins also always start with a setting, a place on Earth or elsewhere where we can imagine what happened for the sake of structuring both the problem and the narrative for its solution. This raises the question of whether scientific origins settings convey meaning to humans in that they suggest to us from what kind of place and what kinds of chemicals we are descended, that is, to which inanimate things we are most closely related. (shrink)

Hegel's very first acknowledged publication was, among other things, an attack on Fichte. In 1801, Hegel was still laboring in almost complete obscurity, while Fichte was an international sensation, though already somewhat past the peak of his meteoric career. In the 1801 Differenzschrift, Hegel cut his teeth by criticizing Fichte's already widelycriticised Wissenschaftslehre, and by demonstrating that Schelling's philosophical system was not simply to be equated with it. Fichte himself never bothered to respond to Hegel's criticisms; indeed he never publicly (...) acknowledged their existence. This was not because he was unconcerned with criticisms of his views; quite the contrary. But at the time he had bigger fish to fry. He responded to Jacobi's criticisms, and to Schelling's; he replied in great detail to critical questions raised by Reinhold, and with vituperative intensity to objections raised by skeptics and purportedly loyal Kantians. But Hegel's Differenzschrift was left without a Fichtean rebuttal. This is a pity, both because of the missed opportunity to illuminate by controversy central issues at stake in the post-Kantian period, but also because it made it easier for Hegel simply to reiterate his youthful criticism as if it were the last word. And reiterate it he did: in one form or another Hegel's early criticisms of Fichte reappear at every subsequent stage of his career: in the Phenomenology, in the Science of Logic, in the Encyclopaedia, as the final chapter in Hegel's History of Philosophy, and in countless other minor works and documents from the Nachlass and correspondence. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

Metagenomics bears upon all aspects of microbiology, including our understanding of mitochondrial and eukaryote origin. Recently, ribosomal protein phylogenies show the eukaryote host lineage – the archaeal lineage that acquired the mitochondrion – to branch within the archaea. Metagenomic studies are now uncovering new archaeal lineages that branch more closely to the host than any cultivated archaea do. But how do they grow? Carbon and energy metabolism as pieced together from metagenome assemblies of these new archaeal lineages, such as the (...) Deep Sea Archaeal Group (including Lokiarchaeota) and Bathyarchaeota, do not match the physiology of any cultivated microbes. Understanding how these new lineages live in their environment is important, and might hold clues about how mitochondria arose and how the eukaryotic lineage got started. Here we look at these exciting new metagenomic studies, what they say about archaeal physiology in modern environments, how they impact views on host‐mitochondrion physiological interactions at eukaryote origin. (shrink)

In this paper I lay the foundations for an understanding of one of Fichte's most neglected and least understood texts: the late lecture course on Transcendental Logic. I situate this work in the context of Fichte's lifelong struggle with the problem of understanding the relation between logic and philosophy – a problem that I show to figure centrally both in Fichte's own revolutionary thinking and in his response to Kant's notorious denunciation of the Wissenschaftslehre. By attending to this context we (...) can understand Fichte's philosophical ambitions in the late lectures: a critique of particular doctrines of general logic; a critique of the conception of thought presupposed both by the traditional logic and by Kant himself; and a new conception of the relation between logic and the philosophical theory of experience. (shrink)

This chapter contains section titled: Husserl's Cartesianism Heidegger's Ontological Critique References and Further Reading.

The spectre of Descartes figured as a perpetual presence in much of twentieth century philosophy, but nearly always as an emblem for positions to be avoided. Cartesian foundationalism in epistemology, the ontological dualism of mind and body, the associated conception of the mind as a substance, and as a “thing that thinks” – all these have figured in recent philosophy as positions to be refuted or simply renounced, the absurda in one or another reductio argument. But for one prominent twentieth (...) century tradition the story is much more nuanced and complex. Twentieth century phenomenology, which began to stir as a well-defined movement in the last decade of the nineteenth century and has persisted in one form or another into the twenty-first, found in Descartes much more a causa belli than the usual bête noire. As a first approximation we can say that allegiance to Cartesianism divided the phenomenological tradition. Edmund Husserl, who along with Franz Brentano is usually acknowledged as the founder of the phenomenological movement, described Descartes as “the genuine patriarch of phenomenology”; he dubbed his own transcendental phenomenology as “a new, twentieth century Cartesianism”, and insisted that “the only fruitful renaissance is the one which reawakens [Descartes’] Meditations” (Husserl 1929/1964, 3, 5). But Husserl’s most important assistant, Martin Heidegger, rebelled against the Cartesian legacy in modern philosophy, which he saw as the central wrong-turn in modern thought, and as the chief obstacle to a faithful phenomenology and phenomenologically informed ontology. The cogito sum, Heidegger insisted, must be “phenomenologically destroyed” (Heidegger 1927/1962, 123). In Descartes himself Heidegger found “an extreme.. (shrink)

Hegel’s very first acknowledged publication was, among other things, an attack on Fichte.1 In 1801, Hegel was still laboring in almost complete obscurity, while Fichte was an international sensation, though already somewhat past the peak of his meteoric career. In the 1801 Differenzschrift, Hegel cut his teeth by criticizing Fichte’s already widely-criticized Wissenschaftslehre, and by demonstrating that Schelling’s philosophical system was not simply to be equated with it. Fichte himself never bothered to respond to Hegel’s criticisms; indeed he never publicly (...) acknowledged their existence. This was not because he was unconcerned with criticisms of his views; quite the contrary. But at the time he had bigger fish to fry. He responded to Jacobi’s criticisms, and to Schelling’s; he replied in great detail to critical questions raised by Reinhold, and with vituperative intensity to objections raised by skeptics and purportedly loyal Kantians. But Hegel’s Differenzschrift was left without a Fichtean rebuttal. This is a pity, both because of the missed opportunity to illuminate by controversy central issues at stake in the post-Kantian period, but also because it made it easier for Hegel simply to reiterate his youthful criticism as if it were the last word. And reiterate it he did: in one form or another Hegel’s early criticisms of Fichte reappear at every subsequent stage of his career: in the Phenomenology, in the Science of Logic, in the Encyclopaedia, as the final chapter in Hegel’s History of Philosophy, and in countless other minor works and documents from the Nachlass and correspondence. (shrink)

Developing and applying a framework for understanding the complexities of economic and legal considerations in two recent Supreme Court rulings was the focus of this research. Of especial concern was the protection of intellectual property in the pharmaceutical industry. Two cases from 2013 were selected: FTC v. Activis and Association for Molecular Pathology v. Myriad Genetics, Inc.. Part of the rationale for the selection was the importance of the Supreme Court rulings and the importance of the pharmaceutical sector. A qualitative (...) content analysis of the Court’s reported decision in each case was analyzed. Since ethical considerations may or may not be consistent with efficiency considerations of plaintiffs, defendants, or the courts, both efficiency and ethical arguments were included. Equally important to the understanding of the economic and ethical issues in the two above- mentioned cases was the development of a rationale for including and excluding a variety of ethical theories, ultimately influenced by Markkula Center For Applied Ethics Of Santa Clara University and Schumann :93–111, 2001). The refinement and use of a levels analysis approach portrays societal, organizational, and individual impacts, and allows for deeper understanding of litigated cases, irrespective of the country in which the litigation takes place :385–393, 2004; Foss et al., J Manag Stud 47:455–482, 2010). A rationale for this framework is the societal and organizational impacts on the myriad of stakeholders in the pharmaceutical sector. We suggest that this framework can be applied to other industries and other complex conflicts among stakeholders as well. (shrink)

This chapter explores one of the most problematic theoretical commitments of Edmund Husserl's phenomenological projects: the idea of a logic of consciousness or phenomeno-logic. It shows why Husserl is committed to this idea and why it is so out of step with contemporary approaches in the philosophy of mind. It then tries to render the idea intelligible along two paths. First, to take the idea of a logic of consciousness seriously, we must challenge our entrenched atomistic assumptions about conscious states. (...) Second, to recognize the sense in which a science of consciousness might be logical, we must come to terms with Husserl's conception of an ideal science. For on a Husserlian conception, apophantic logic and phenomenology must be seen as two varieties of ideal science: systematic articulations of the content and structure of an ideal that is constitutive for conscious experience of a world. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

A recent study(1) of sequence data from many different proteins has suggested that contemporary prokaryotes and eukaryotes may have shared a common ancestor as recently as 2 billion years ago (the molecular clock). Strong evidence from the geological record, however, indicates that oxygen‐producing microorganisms, perhaps similar to modern cyanobacteria, existed 3.5 billion years ago. The fossil evidence, therefore, suggests that any common ancestor of prokaryotes and eukaryotes must have existed at least 1.5 billion years earlier than suggested by the molecular (...) clock evidence. The discrepancy between molecular and geological evidence for the age of modern cells is considered here, as are aspects of gene descent in the tree of life that might help to account for it. (shrink)

We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the MacCAT-T (...) focuses attention on individual cognitive performance criteria, an approach oriented by second-person phenomenology brings into view the complex role of time, others and identity in constituting the capacity for individual autonomous judgement. Our phenomenological analysis has consequences both for the practice of capacity assessments and for further research in this arena. Good practice in capacity assessment must attend to decision communities, distributed capacity, and temporal competence, while research on mental capacity will miss the phenomenon if it trains its focus ‘between the ears.’ We illustrate our approach by considering two recent cases of contested capacity: one involving cognitive disability in a dysfunctional decision community, the second presenting the possibility of competent decision-making under conditions of paranoid schizophrenia. (shrink)

Planctomycetes, Verrucomicrobia and Chlamydia are prokaryotic phyla, sometimes grouped together as the PVC superphylum of eubacteria. Some PVC species possess interesting attributes, in particular, internal membranes that superficially resemble eukaryotic endomembranes. Some biologists now claim that PVC bacteria are nucleus‐bearing prokaryotes and are considered evolutionary intermediates in the transition from prokaryote to eukaryote. PVC prokaryotes do not possess a nucleus and are not intermediates in the prokaryote‐to‐eukaryote transition. Here we summarise the evidence that shows why all of the PVC traits (...) that are currently cited as evidence for aspiring eukaryoticity are either analogous (the result of convergent evolution), not homologous, to eukaryotic traits; or else they are the result of horizontal gene transfers. (shrink)

It is not usual to think of Fichte as a logician, nor indeed to think of him as leaving a legacy that shaped the subsequent history of symbolic logic. But I argue here that there is such a legacy, and that Fichte formulated an agenda in formal logic that his students (and their students in turn) used to spark a logical revolution. That revolution arguably reached its culmination in the logical writings of Franz Brentano, better known as a founding figure (...) of the phenomenological movement. In logical writings that were published only posthumously, but that were fully elaborated in the decade prior to the publication of Frege’s Begriffschrift, Brentano (together with his collaborator Anton Marty) developed a radically innovative logical calculus that was explicitly designed to overthrow the orthodox logical analysis of judgment and inference. At the center of this revolution was the notion of thetic judgment [thetische Urteil], a form of judgment upon which Fichte had insisted in the first published version of the Wissenschaftslehre, and which his students subsequently set out to accommodate within the framework provided by Kant’s general logic. But thetic judgment proved resistant to such assimilation, and it was left to Brentano to use the analysis of thetic judgment in his attempt to topple a long-standing logical tradition. In what follows I reconstruct the main episodes in this century-long drama in the logical theory of judgment. My discussion is divided into four sections. I begin with a review of Fichte’s most explicit call for logical revolution, together with his introduction of the notion of thetic judgment, set against the backdrop of an anomaly. (shrink)

Few periods in the history of philosophy manifest the degree of dynamism and historical complexity that characterize early post-Kantian philosophy. The reasons for this special character of so-called “classical German philosophy” are no doubt themselves quite complex. Institutional and political circumstances certainly played an important role. The end of the eighteenth century marks a point at which philosophy was seen as being deeply implicated in the political developments of the day (in particular: the upheavals in France). What’s more, this intense (...) political context for philosophy coincided with the reemergence of “academic” philosophy: the first point in the modern period when the leading figures on the philosophical scene were members of a common (and flourishing) academic community.2 But more narrowly philosophical factors are also important. Kant’s philosophical accomplishment was widely seen as marking a watershed in philosophy’s development, but it was an accomplishment whose lessons and viability were highly.. (shrink)

Hegel's very first acknowledged publication was, among other things, an attack on Fichte. In 1801, Hegel was still laboring in almost complete obscurity, while Fichte was an international sensation, though already somewhat past the peak of his meteoric career. In the 1801Differenzschrift, Hegel cut his teeth by criticizing Fichte's already widelycriticisedWissenschaftslehre, and by demonstrating that Schelling's philosophical system was not simply to be equated with it. Fichte himself never bothered to respond to Hegel's criticisms; indeed he never publicly acknowledged their (...) existence. This was not because he was unconcerned with criticisms of his views; quite the contrary. But at the time he had bigger fish to fry. He responded to Jacobi's criticisms, and to Schelling's; he replied in great detail to critical questions raised by Reinhold, and with vituperative intensity to objections raised by skeptics and purportedly loyal Kantians. But Hegel'sDifferenzschriftwas left without a Fichtean rebuttal. This is a pity, both because of the missed opportunity to illuminate by controversy central issues at stake in the post-Kantian period, but also because it made it easier for Hegel simply to reiterate his youthful criticism as if it were the last word. And reiterate it he did: in one form or another Hegel's early criticisms of Fichte reappear at every subsequent stage of his career: in thePhenomenology, in theScience of Logic, in theEncyclopaedia, as the final chapter in Hegel'sHistory of Philosophy, and in countless other minor works and documents from theNachlassand correspondence. (shrink)

In the Spring and Summer of 2014, a group of experts convened a series of meetings at the Westminster headquarters of the UK Ministry of Justice in order to determine whether the Mental Capacity Act 2005 complies with the United Nations Convention on the Rights of Persons with Disabilities. The meetings were organised by the research team of the Essex Autonomy Project, a research and public policy initiative funded by the Arts and Humanities Research Council and based at the University (...) of Essex. The working group included civil servants from the MoJ, the Office of the Public Guardian, and the Department of Health, as well as the Official Solicitor, a senior judge of the Court of Protection, leading academic experts from psychiatry, law and ethics, and representatives of user-group organisations. In September 2014, the EAP research team reported to the MoJ on its findings. This article summarises some of the key arguments and conclusions of that report. Both the report itself and this article represent the views of their respective authors; they should not be taken to represent the views of the MoJ, the AHRC, or the other participants in these consultations. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

We examine the issues concerning the legality and ethicality of the Second Amendment right to bear arms balanced by the employer's duty to provide a safe workplace for its employees. Two court rulings highlight this balancing act: McDonald et al. v. City of Chicago et al. and District of Columbia v. Heller. “Stand Your Ground” and “Castle Doctrine” laws in the recent Trayvon Martin shooting on February 26, 2012 are also applicable. Various ethical frameworks examine the firearms debate by viewing (...) the Second Amendment from three perspectives. These include a pro‐gun perspective drawing upon libertarianism and fundamental rights; a moderate gun perspective drawing upon consequentialism and stakeholder theory; and finally, an anti‐gun perspective drawing upon a Public Health Ethics and peace ethics approach. We explore the issue of gun control from a business perspective as employers face ethical decisions in responding to legislation that allows guns in the workplace and/or in employer parking lots while still being responsible to provide a safe workplace for their employees. We make recommendations regarding how companies should manage by proactively avoiding legal challenges to employees' rights to own and carry guns into the workplace. This includes emphasis on enhanced security, Human Resource policies and monitoring rapidly changing laws. (shrink)