Although clinical ethics consultation is a high-stakes endeavor with an increasing prominence in health care systems, progress in developing standards for quality is challenging. In this article, we describe the results of a pilot project utilizing portfolios as an evaluation tool. We found that this approach is feasible and resulted in a reasonably wide distribution of scores among the 23 submitted portfolios that we evaluated. We discuss limitations and implications of these results, and suggest that this is a significant step (...) on the pathway to an eventual certification process for clinical ethics consultants. (shrink)

Many theories of complex cognitive-motor skill learning are built on the notion that basic cognitive processes group actions into easy-to-perform sequences. The present work examines predictions derived from laboratory-based studies of motor chunking and motor preparation using data collected from the real-time strategy video game StarCraft 2. We examined 996,163 action sequences in the telemetry data of 3,317 players across seven levels of skill. As predicted, the latency to the first action is delayed relative to the other actions in the (...) group. Other predictions, inspired by the memory drum theory of Henry and Rogers, received only weak support. (shrink)

Clinical ethics consultation is largely outside the scope of regulation and oversight, despite its importance. For decades, the bioethics community has been unable to reach a consensus on whether there should be accountability in this work, as there is for other clinical activities that influence the care of patients. The American Society for Bioethics and Humanities, the primary society of bioethicists and scholars in the medical humanities and the organizational home for individuals who perform CEC in the United States, has (...) initiated a two‐step quality attestation process as a means to assess clinical ethics consultants and help identify individuals who are qualified to perform this role. This article describes the process. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Minding Brain Injury, Consciousness, and Ethics: Discourse and DeliberationsJoseph J. Fins (bio) and James Giordano (bio)The annual John Collins Harvey Lecture at the Georgetown University’s Pellegrino Center for Clinical Bioethics is a forum for addressing contemporary topics at the intersection of medicine and bioethics. This year, in marking the decadal anniversary of the launch of the Brain Research through Advancing Innovative Neurotechnology (BRAIN) Initiative, the Harvey Lecture provided an (...) interactive discussion with renowned clinician, researcher, scholar, and author, Joseph J. Fins, MD—who is the E. William Davis, Jr., MD Professor of Medical Ethics, Chief of the Division of Medical Ethics, and a Professor of Medicine at Weill Cornell Medical College—conducted by James Giordano, PhD, MPhil—who is a Professor of Neurology and Biochemistry, and Chief of the Pellegrino Center’s Neuroethics Studies Program at the Georgetown University Medical Center. The discourse focused upon the topic of covert consciousness, and the ways in which current and developing brain science technologies, together with revised practices of medicine, in general, may afford new opportunities in patient care, but may also give rise to issues, questions, challenges, and opportunities for neuroethics.Prof. James GIORDANO:Prof. Fins, your most recent book, Rights Come to Mind: Brain Injury, Ethics, and the Struggle for Consciousness (Fins 2015), addresses your ongoing work to employ current and emerging neurological approaches to reveal conscious functions in patients with profound brain injury and disease. To be sure, the destination—if you will—is to talk about covert consciousness. But in commencing this discussion, I’d like to propose a route, which traces your professional journey to this point in your career, and how it led you on your search to reveal consciousness in those patients who lack expressive capability. You went into palliative care first, and that brought you to where you are today. [End Page 227]Prof. Joseph J. FINS:First, let me thank you and the Pellegrino Center for the honor of giving the John Harvey Collins Lecture in such an interactive manner. The forefront of neurological care—and the neuroethical issues and methods focal to such practice—wasn’t what I initially intended to do professionally, but I think that therein is a good lesson for young people’s career aspirations. Simply put, one doesn’t always know where they’ll end up at the beginning of the journey, and as Kierkegaard said, life is lived forward, but is understood backwards (Kierkegaard 1843).In the nineties and the early 2000s, I was trying to help improve the quality of care of people at the end of life, and I wrote a book, entitled The Palliative Ethic of Care: Clinical Wisdom at Life’s End (Fins 2006), in which I addressed notions of phronesis—practical wisdom—in integrating theory and practice toward improving how people die. I became interested in the Quinlan case (Quinlan 1976), and the right to die, and around the same time, I ran into a colleague of mine at Cornell: Dr. Nicholas D. Schiff. Dr. Schiff is a neurologist, who was a protégé of Fred Plum, who was the originator of the concept of the vegetative state with Bryan Jennett, back in 1972. Fred was both of our teachers here at Cornell. Niko (Dr. Schiff) was interested in patients with disorders of consciousness, and was beginning to envision doing work—that ultimately, we did—using deep brain stimulation (DBS) to try to treat patients in the minimally conscious state, a category that was subsequently codified in 2002.I realized that a whole population of people—with these disorders of consciousness—had been somewhat marginalized, and their neglect essentially devolves back to the considerations of the right to die. The right to die was established in the Quinlan case because Judge Hughes—the presiding chief judge of the New Jersey Supreme Court—talked about Ms. Quinlan’s loss of a cognitive, sapient state as being the moral warrant for her right to die, given the fact that it was viewed as a futile situation. I recognized, over the ensuing years—from my background in palliative and end-of-life care—[1] that we had over-generalized notions of futility... (shrink)

In this 25-year retrospective on the state of clinical ethics, and the anniversary of the founding of The Journal of Clinical Ethics, the author comments on the state of the field. He argues that the language of bioethics, as used in practice, seems dated and out of touch with a clinical reality marked by emerging technologies and the advent of new fields like palliative medicine.Reflecting on his experiences as a clinician and clinical ethicist, the author worries about the emergence of (...) a shallow bioethics, which is the product of a lingua franca. This linguistic amalgam is a weak composite in which concepts are simplified and nuance is overlooked, leading to interpretative errors. The best of ethical reasoning or clinical decision making can be lost in translation. Instead of the well-worn arguments over the relative worth of modes of ethical analysis, like principlism or pragmatism, the author argues that the emphasis should be on the cultivation of the “linguistic” skills necessary for translating any critical method in order to replace the lingua franca of clinical ethics with a more substantial discourse worthy of the complexity of the clinic. Through the emergence of such a shared language, at the interface of the sciences and the humanities, this multidisciplinary field can evolve towards more authentic interdisciplinarity. (shrink)

Several axiom systems for preference among acts lead to a unique probability and a state-independent utility such that acts are ranked according to their expected utilities. These axioms have been used as a foundation for Bayesian decision theory and subjective probability calculus. In this article we note that the uniqueness of the probability is relative to the choice of whatcounts as a constant outcome. Although it is sometimes clear what should be considered constant, in many cases there are several possible (...) choices. Each choice can lead to a different "unique" probability and utility. By focusing attention on statedependent utilities, we determine conditions under which a truly unique probability and utility can be determined from an agent's expressed preferences among acts. Suppose that an agent's preference can be represented in terms of a probability P and a utility U.That is, the agent prefers one act to another iff the expected utility of that act is higher than that of the other. There are many other equivalent representations in terms of probabilities Q, which are mutually absolutely continuous with P, and state-dependent utilities V, which differ from U by possibly different positive affine transformations in each state of nature. We describe an example in which there are two different but equivalent state-independent utility representations for the same preference structure. They differ in which acts count as constants. The acts involve receiving different amounts of one or the other of two currencies, and the states are different exchange rates between the currencies. It is easy to see how it would not be possible for constant amounts of both currencies to have simultaneously constant values across the differentstates. Savage (1954, sec. 5.5) discovered a situation in which two seemingly equivalent preference structures are represented by different pairs of probability and utility. He attributed the phenomenon to the construction of a "small world." We show that the small world problem is just another example of two different, but equivalent, representations treating different actsas constants. Finally, we prove a theorem (similar to one of Karni 1985) that shows how to elicit a unique state-dependent utility and does not assume that there are prizes with constant value. To do this, we define a new hypothetical kind of act in which both the prize to be awarded and the state of nature are determined by an auxiliary experiment. (shrink)

Naloxone, which reverses the effects of opioids, was synthesized in 1960, though the hunt for opioid antagonists began a half-century earlier. The history of this quest reveals how cultural and medical attitudes toward opioids have been marked by a polarization of discourse that belies a keen ambivalence. From 1915 to 1960, researchers were stymied in seeking a “pure” antidote to opioids, discovering instead numerous opioid molecules of mixed or paradoxical properties. At the same time, the quest for a dominant explanatory (...) and therapeutic model for addiction was likewise unsettled. After naloxone’s discovery, new dichotomizing language arose in the “War on Drugs,” in increasingly divergent views between addiction medicine and palliative care, and in public debates about layperson naloxone access. Naloxone, one of the emblematic drugs of our time, highlights the ambivalence latent in public and biomedical discussions of opioids as agents of risk and relief. (shrink)

The degree of incoherence, when previsions are not made in accordance with a probability measure, is measured by either of two rates at which an incoherent bookie can be made a sure loser. Each bet is considered as an investment from the points of view of both the bookie and a gambler who takes the bet. From each viewpoint, we define an amount invested (or escrowed) for each bet, and the sure loss of incoherent previsions is divided by the escrow (...) to determine the rate of incoherence. Potential applications include the treatment of arbitrage opportunities in financial markets and the degree of incoherence of classical statistical procedures. We illustrate the latter with the example of hypothesis testing at a fixed size. (shrink)

We investigate differences between a simple Dominance Principle applied to sums of fair prices for variables and dominance applied to sums of forecasts for variables scored by proper scoring rules. In particular, we consider differences when fair prices and forecasts correspond to finitely additive expectations and dominance is applied with infinitely many prices and/or forecasts.

It has long been known that the practice of testing all hypotheses at the same level , regardless of the distribution of the data, is not consistent with Bayesian expected utility maximization. According to de Finetti’s “Dutch Book” argument, procedures that are not consistent with expected utility maximization are incoherent and they lead to gambles that are sure to lose no matter what happens. In this paper, we use a method to measure the rate at which incoherent procedures are sure (...) to lose, so that we can distinguish slightly incoherent procedures from grossly incoherent ones. We present an analysis of testing a simple hypothesis against a simple alternative as a case‐study of how the method can work. (shrink)

It has long been known that the practice of testing all hypotheses at the same level , regardless of the distribution of the data, is not consistent with Bayesian expected utility maximization. According to de Finetti’s “Dutch Book” argument, procedures that are not consistent with expected utility maximization are incoherent and they lead to gambles that are sure to lose no matter what happens. In this paper, we use a method to measure the rate at which incoherent procedures are sure (...) to lose, so that we can distinguish slightly incoherent procedures from grossly incoherent ones. We present an analysis of testing a simple hypothesis against a simple alternative as a case‐study of how the method can work. (shrink)

This important collection of essays is a synthesis of foundational studies in Bayesian decision theory and statistics. An overarching topic of the collection is understanding how the norms for Bayesian decision making should apply in settings with more than one rational decision maker and then tracing out some of the consequences of this turn for Bayesian statistics. There are four principal themes to the collection: cooperative, non-sequential decisions; the representation and measurement of 'partially ordered' preferences; non-cooperative, sequential decisions; and pooling (...) rules and Bayesian dynamics for sets of probabilities. The volume will be particularly valuable to philosophers concerned with decision theory, probability, and statistics, statisticians, mathematicians, and economists. (shrink)

Statistical decision theory, whether based on Bayesian principles or other concepts such as minimax or admissibility, relies on minimizing expected loss or maximizing expected utility. Loss and utility functions are generally treated as unit-less numerical measures of value for consequences. Here, we address the issue of the units in which loss and utility are settled and the implications that those units have on the rankings of potential decisions. When multiple currencies are available for paying the loss, one must take explicit (...) account of which currency is used as well as the exchange rates between the various available currencies. (shrink)

We give necessary and sufficient conditions for a scoring rule to be proper for a quantile if utility is linear, and the distribution is unrestricted. We also give results when the set of distributions is limited, for example, to distributions that have first moments.

We give an extension of de Finetti’s concept of coherence to unbounded random variables that allows for gambling in the presence of infinite previsions. We present a finitely additive extension of the Daniell integral to unbounded random variables that we believe has advantages over Lebesgue-style integrals in the finitely additive setting. We also give a general version of the Fundamental Theorem of Prevision to deal with conditional previsions and unbounded random variables.

uniquely into a convex combination of a countably additive probability and a purely finitely additive (PFA) one. The coefficient of the PFA probability..

When can a Bayesian investigator select an hypothesis H and design an experiment (or a sequence of experiments) to make certain that, given the experimental outcome(s), the posterior probability of H will be lower than its prior probability? We report an elementary result which establishes sufficient conditions under which this reasoning to a foregone conclusion cannot occur. Through an example, we discuss how this result extends to the perspective of an onlooker who agrees with the investigator about the statistical model (...) for the data but who holds a different prior probability for the statistical parameters of that model. We consider, specifically, one-sided and two-sided statistical hypotheses involving i.i.d. Normal data with conjugate priors. In a concluding section, using an "improper" prior, we illustrate how the preceding results depend upon the assumption that probability is countably additive. (shrink)

When can a Bayesian investigator select an hypothesis H and design an experiment to make certain that, given the experimental outcome, the posterior probability of H will be lower than its prior probability? We report an elementary result which establishes sufficient conditions under which this reasoning to a foregone conclusion cannot occur. Through an example, we discuss how this result extends to the perspective of an onlooker who agrees with the investigator about the statistical model for the data but who (...) holds a different prior probability for the statistical parameters of that model. We consider, specifically, one-sided and two-sided statistical hypotheses involving i.i.d. Normal data with conjugate priors. In a concluding section, using an "improper" prior, we illustrate how the preceding results depend upon the assumption that probability is countably additive. (shrink)

The Sleeping Beauty problem has spawned a debate between “Thirders” and “Halfers” who draw conflicting conclusions about Sleeping Beauty’s credence that a coin lands Heads. Our analysis is based on a probability model for what Sleeping Beauty knows at each time during the Experiment. We show that conflicting conclusions result from different modeling assumptions that each group makes. Our analysis uses a standard “Bayesian” account of rational belief with conditioning. No special handling is used for self-locating beliefs or centered propositions. (...) We also explore what fair prices Sleeping Beauty computes for gambles that she might be offered during the Experiment. (shrink)

Guiding our response in this essay is our view that current efforts to demarcate the role of the clinical ethicist risk reducing its complex network of authorizations to sites of power and payment. In turn, the role becomes susceptible to various ideologies—individualisms, proceduralisms, secularisms—that further divide the body from the web of significances that matter to that body, where only she, the patient, is located. The security of policy, standards, and employment will pull against and eventually sever the authorization secured (...) by authentic moral inquiry. Instead of asking “What do I need to know?”, the question animating the drive to standardize will be “What is the policy or standard?” The claims of the authors in this issue of HEC Forum confirm these suspicions. (shrink)

We discuss several features of coherent choice functions—where the admissible options in a decision problem are exactly those that maximize expected utility for some probability/utility pair in fixed set S of probability/utility pairs. In this paper we consider, primarily, normal form decision problems under uncertainty—where only the probability component of S is indeterminate and utility for two privileged outcomes is determinate. Coherent choice distinguishes between each pair of sets of probabilities regardless the “shape” or “connectedness” of the sets of probabilities. (...) We axiomatize the theory of choice functions and show these axioms are necessary for coherence. The axioms are sufficient for coherence using a set of probability/almost-state-independent utility pairs. We give sufficient conditions when a choice function satisfying our axioms is represented by a set of probability/state-independent utility pairs with a common utility. (shrink)

Of Goals and Goods and Floundering About: A Dissensus Report on Clinical Ethics Consultation Content Type Journal Article Pages 275-291 DOI 10.1007/s10730-009-9101-1 Authors Jeffrey P. Bishop, Vanderbilt University Center for Biomedical Ethics and Society 2525 West End Avenue, Suite 400 Nashville Tennessee 37203 USA Joseph B. Fanning, Vanderbilt University Center for Biomedical Ethics and Society 2525 West End Avenue, Suite 400 Nashville Tennessee 37203 USA Mark J. Bliton, Vanderbilt University Center for Biomedical Ethics and Society 2525 West End (...) Avenue, Suite 400 Nashville Tennessee 37203 USA Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737 Journal Volume Volume 21 Journal Issue Volume 21, Number 3. (shrink)

Experimenters sometimes insist that it is unwise to examine data before determining how to analyze them, as it creates the potential for biased results. I explore the rationale behind this methodological guideline from the standpoint of an error statistical theory of evidence, and I discuss a method of evaluating evidence in some contexts when this predesignation rule has been violated. I illustrate the problem of potential bias, and the method by which it may be addressed, with an example from the (...) search for the top quark. A point in favor of the error statistical theory is its ability, demonstrated here, to explicate such methodological problems and suggest solutions, within the framework of an objective theory of evidence. (shrink)

Gordon Belot argues that Bayesian theory is epistemologically immodest. In response, we show that the topological conditions that underpin his criticisms of asymptotic Bayesian conditioning are self-defeating. They require extreme a priori credences regarding, for example, the limiting behavior of observed relative frequencies. We offer a different explication of Bayesian modesty using a goal of consensus: rival scientific opinions should be responsive to new facts as a way to resolve their disputes. Also we address Adam Elga’s rebuttal to Belot’s analysis, (...) which focuses attention on the role that the assumption of countable additivity plays in Belot’s criticisms. (shrink)

We review de Finetti’s two coherence criteria for determinate probabilities: coherence1defined in terms of previsions for a set of events that are undominated by the status quo – previsions immune to a sure-loss – and coherence2 defined in terms of forecasts for events undominated in Brier score by a rival forecast. We propose a criterion of IP-coherence2 based on a generalization of Brier score for IP-forecasts that uses 1-sided, lower and upper, probability forecasts. However, whereas Brier score is a strictly (...) proper scoring rule for eliciting determinate probabilities, we show that there is no real-valuedstrictly proper IP-score. Nonetheless, with respect to either of two decision rules – Γ-maximin or E-admissibility-+-Γ-maximin – we give a lexicographic strictly proper IP-scoring rule that is based on Brier score. (shrink)

The Sleeping Beauty problem has spawned a debate between “thirders” and “halfers” who draw conflicting conclusions about Sleeping Beauty's credence that a coin lands heads. Our analysis is based on a probability model for what Sleeping Beauty knows at each time during the experiment. We show that conflicting conclusions result from different modeling assumptions that each group makes. Our analysis uses a standard “Bayesian” account of rational belief with conditioning. No special handling is used for self-locating beliefs or centered propositions. (...) We also explore what fair prices Sleeping Beauty computes for gambles that she might be offered during the experiment. (shrink)

Let κ be an uncountable cardinal. Using the theory of conditional probability associated with de Finetti and Dubins, subject to several structural assumptions for creating sufficiently many measurable sets, and assuming that κ is not a weakly inaccessible cardinal, we show that each probability that is not κ-­additive has conditional probabilities that fail to be conglomerable in a partition of cardinality no greater than κ. This generalizes our result, where we established that each finite but not countably additive probability has (...) conditional probabilities that fail to be conglomerable in some countable partition. (shrink)

Erratum to: Echo Calling Narcissus: What Exceeds the Gaze of Clinical Ethics Consultation? Content Type Journal Article Pages 171-171 DOI 10.1007/s10730-010-9132-7 Authors Jeffrey P. Bishop, Saint Louis University Tenet Chair of Health Care Ethics, Albert Gnaegi Center for Health Care Ethics Salus Center, Room 527, 3545 Lafayette Ave St. Louis MO 63104-1314 USA Joseph B. Fanning, Vanderbilt University Center for Biomedical Ethics and Society 2525 West End Ave., 4th Floor, Suite 400 Nashville TN 37203 USA Mark J. Bliton, (...) Vanderbilt University Center for Biomedical Ethics and Society 2525 West End Ave., 4th Floor, Suite 400 Nashville TN 37203 USA Journal HEC Forum Online ISSN 1572-8498 Print ISSN 0956-2737 Journal Volume Volume 22 Journal Issue Volume 22, Number 2. (shrink)

When real-valued utilities for outcomes are bounded, or when all variables are simple, it is consistent with expected utility to have preferences defined over probability distributions or lotteries. That is, under such circumstances two variables with a common probability distribution over outcomes – equivalent variables – occupy the same place in a preference ordering. However, if strict preference respects uniform, strict dominance in outcomes between variables, and if indifference between two variables entails indifference between their difference and the status quo, (...) then preferences over rich sets of unbounded variables, such as variables used in the St. Petersburg paradox, cannot preserve indifference between all pairs of equivalent variables. In such circumstances, preference is not a function only of probability and utility for outcomes. Then the preference ordering is not defined in terms of lotteries. (shrink)

In the longstanding foundational debate whether to require that probability is countably additive, in addition to being finitely additive, those who resist the added condition raise two concerns that we take up in this paper. (1) _Existence_: Settings where no countably additive probability exists though finitely additive probabilities do. (2) _Complete Additivity_: Where reasons for countable additivity don’t stop there. Those reasons entail complete additivity—the (measurable) union of probability 0 sets has probability 0, regardless the cardinality of that union. Then (...) probability distributions are discrete, not continuous. We use Easwaran’s (Easwaran, Thought 2:53–61, 2013) advocacy of the _Comparative_ principle to illustrate these two concerns. Easwaran supports countable additivity, both for numerical probabilities and for finer, qualitative probabilities, by defending a condition he calls the _Comparative_ principle [ \({\mathcal{C}}\) ]. For numerical probabilities, principle \({\mathcal{C}}\) contrasts pairs, P 1 and P 2, defined over a common partition \(\prod\) = {a _i_ : _i_ ∈ I} of measurable events. \({\mathcal{C}}\) requires that no P 1 may be pointwise dominated, i.e., no (finitely additive) probability P 2 exists such that for each _i_ ∈ I, P 2 (a _i_ ) > P 1 (a _i_ ). By design, the cardinality of \(\prod\) is not limited in \({\mathcal{C}}\), which Easwaran asserts is important when arguing that the principle does not require more, or less, than that probability is countably additive. We agree that a numerical probability P satisfies principle \({\mathcal{C}}\) in all partitions just in case P is countably additive. However, we show that for numerical probabilities, by considering the size of the algebra of events to which probability is applied, principle \({\mathcal{C}}\) is subject to each of the above concerns, (1) and (2). Also, Easwaran considers principle \({\mathcal{C}}\) with non-numerical, qualitative probabilities, where a qualitative probability may be finer than an almost agreeing numerical probability P. A qualitative probability is regular if possible events are strictly more likely than impossible events. Easwaran motivates and illustrates regular qualitative probabilities using a continuous, almost agreeing quantitative probability that is uniform on the unit interval. We make explicit the conditions for applying principle \({\mathcal{C}}\) with qualitative probabilities and show that \({\mathcal{C}}\) restricts regular qualitative probabilities to those whose almost agreeing quantitative probabilities are completely additive. For instance, Easwaran’s motivating example of a regular qualitative probability is precluded by principle \({\mathcal{C}}\). (shrink)

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions. Making full use of political philosophy from a range of backgrounds, this festschrift for Harvey Mansfield recognizes that although the arts of rule are comprehensive, the best government is a limited one.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Coral bleaching has impacted reefs worldwide and the predictions of near‐annual bleaching from over two decades ago have now been realized. While technology currently provides the means to predict large‐scale bleaching, predicting reef‐scale and within‐reef patterns in real‐time for all reef users is limited. In 2020, heat stress across the Great Barrier Reef underpinned the region's third bleaching event in 5 years. Here we review the heterogeneous emergence of bleaching across Heron Island reef habitats and discuss the oceanographic drivers that (...) underpinned variable bleaching emergence. We do so as a case study to highlight how reef end‐user groups who engage with coral reefs in different ways require targeted guidance for how, and when, to alter their use of coral reefs in response to bleaching events. Our case study of coral bleaching emergence demonstrates how within‐reef scale nowcasting of coral bleaching could aid the development of accessible and equitable bleaching response strategies on coral reefs. Also see the video abstract here: https://youtu.be/N9Tgb8N-vN0. (shrink)

Late in 1990, the Center for the Study of Ethics in the Professions at Illinois Institute of Technology (lIT) received a grant of more than $200,000 from the National Science Foundation to try a campus-wide approach to integrating professional ethics into its technical curriculum.! Enough has now been accomplished to draw some tentative conclusions. I am the grant's principal investigator. In this paper, I shall describe what we at lIT did, what we learned, and what others, especially philosophers, can learn (...) from us. We set out to develop an approach that others could profitably adopt. I believe that we succeeded. (shrink)

Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy.

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

HLA Hart and Joseph Raz are usually interpreted as being fundamentally opposed to Lon Fuller’s argument in The Morality of Law that the principles of the rule of law are of moral value. Hart and Raz are thought to make the ‘instrumental objection’, which says that these principles are of no moral value because they are actually principles derived from reflection on how to best allow the law to guide behaviour. Recently, many theorists have come to Fuller’s defence against (...) Hart and Raz, refuting the ‘instrumental objection’ and affirming the non-instrumental moral value of conformity to the principles of legality. This article argues that although this moral value should be affirmed, the orthodox view is incorrect, because Hart and Raz never understood their arguments about the instrumental or ‘purposive’ value of the principles of legality as denials of their moral value, as a close reading of their work shows. (shrink)

Behavior, language, development, identity, and science—all of these phenomena are commonly characterized as 'social' in nature. But what does it mean to be 'social'? Is there any intrinsic 'mark' of the social shared by these phenomena? In the first book to shed light on this foundational question, twelve distinguished philosophers and social scientists from several disciplines debate the mark of the social. Their varied answers will be of interest to sociologists, anthropologists, philosophers, psychologists, and anyone interested in the (...) theoretical foundations of the social sciences. (shrink)