The Concept of Miracle

The concept of miracle has often been regarded as irreconcilable with the concept of natural law. But this contradiction applies only to an understanding of a miracle as a break of natural law. Such a violation would destroy the assertion of natural law, because its universal claim does not permit exceptions. However, the idea of miracle need not be conceived in this way, though it has often been done since medieval times. Augustine thought of miracles simply as unusual events that contradict our accustomed views of the course of nature but not nature itself. According to that definition of miracle, no contradiction of natural laws need be assumed. It is sufficient to regard unusual occurrences as "signs" of God's special activity in creation.     

2002年:中国医疗纠纷处理的重大转折

2002年4月1日开始实施的《最高人民法院关于民事诉讼证据的若干规定》,要求医院对医疗行为与损害的因果关系和不存在医疗过错承担举证责任,一时间,医院对此忿忿不平,百姓对此拍手叫好,4月15日,期待已久的《国务院医疗事故处理条例》缍正式颁布,与1987年颁布的《医疗事故处理办法》相比有了重大改变,中国医疗纠纷的处理在2002年发生了重大转折,对此进行了详细分析,与大多数人的观点不同,认为前者恰恰对医院有利,而后者对医院更为严格。     

Challenges to Audi's Ethical Intuitionism

Robert Audi's ethical intuitionism (Audi, 1997, 1998) deals effectively with standard epistemological problems facing the intuitionist. This is primarily because the notion of self-evidence employed by Audi commits to very little. Importantly, according to Audi we might understand a self-evident moral proposition and yet not believe it, and we might accept a self-evident proposition because it is self-evident, and yet fail to see that it is self-evident. I argue that these and similar features give rise to certain challenges to Audi's intuitionism. It becomes harder to argue that there are any self-evident propositions at all, or more than just a few such propositions. It is questionable whether all moral propositions that we take an interest in are evidentially connected to self-evident propositions. It is difficult to understand what could guide the sort conceptual revision that is likely to take place in our moral theorising. It is hard to account for the epistemic value of the sort of systematicity usually praised in moral theorising. Finally, it is difficult to see what difference the truth of Audi's ethical intuitionism would make to the way in which we (fail to) handle moral disagreement.     

Revisiting Westphalia, Discovering Post-westphalia

This article explores the structure of world order fromthe perspective of the Treaty of Westphalia, which is treated asthe benchmark for the emergence of the modern system of sovereignstates. Emphasis is placed on Westphalia as historical event, ideaand ideal, and process of evolution, and also on developments thatsupersede this framing of world politics, especially, globalizationand the megaterrorist challenge of September 11, 2001. At issue is whether the state system is resilient enough to adapt to new globalconditions or is in the process of being supplanted, and whether thesequel to Westphalia is moving toward humane global governance orsome dysutopic variant, or both at once.     

Theorising the Rainbow? The Puzzle of the Public-private Divide

Two influential approaches to conceptualising the relationship between public and private law have suggested that the distinction between them should be abandoned. The first, as exemplified by Oliver, suggests that the distinction should be abandoned in favour of fusion based on the notion of commonality. The second, as exemplified by Teubner, rejects fusion, arguing for the replacement of the distinction with a concept capturing the multi-dimensional complexity of law in multiple social contexts: `polycontexturality'. This article focuses primarily on exploring conceptual puzzles presented by Oliver's `commonality thesis', and argues for a reconceptualisation of the relationship between public and private law as multi-layered. Monolithic and rigidly binary concepts alike should be replaced by a complex set of relationships – a position broadly supportive of Teubner's. However, it is argued that the relationships between public and private law are to be seen as existing on a spectrum, or even on an overarching meta-spectrum, in which the existence of distinctive `archetypal conceptual paradigms' influence as `meta-spectrum extremities'. This presents a limited caveat to Teubner's thesis. I suggest that explicit theoretical attention to both the implications of polycontexturality and the existence of the archetypal conceptual paradigms as meta-spectrum extremities might avoid occluding important distinctions and nuances within a fusion that tends illegitimately to subsume private law within a public law paradigm. Such an analysis, I argue, could enhance the coherence of the law in complex, multi-dimensional cases at the troubled borderline between public and private law. This revised version was published online in August 2006 with corrections to the Cover Date.     

谈发现心理学问题的辩证思维

科学研究最重要的一步是能否提出有价值的课题。本文根据辩证法的对立统一规律、二分法、事物是普遍联系的、具体问题具体分析,从量变到质变原理,提出了发现心理学问题的五种思路。     

The Development of the Pragma-dialectical Approach to Argumentation

This paper describes the development of pragma-dialectics as a theory of argumentative discourse. First the development of the pragma-dialectical model of a critical discussion is explained, with the rules that are to be complied with in order to avoid fallacies from occurring. Then the integration is discussed of rhetorical insight in the dialectical framework. In this endeavour, the concept of strategic manoeuvring is explained that allows for a more refined and more profoundly justified analysis of argumentative discourse and a better identification of fallacies. The paper ends with a brief overview of current research projects.     

“PERHAPS YOU ONLY KISSED HER?”: A Contrapuntal Reading of the Penalties for Illicit Sex in the Sunni Hadith Literature

The goal of this essay is to illustrate how Ebrahim Moosa's method of “contrapuntal reading” can be applied fruitfully to the Sunni hadith literature. My case study is the set of penalties (hudud) for illicit sex, which include flogging, stoning, and banishment. I propose a fresh reading of these sacred texts that brings to the fore the ethical dimension of Prophet Muhammad's conduct, especially his strong reluctance to apply these measures. I conclude by identifying four ethical problems that the stoning penalty raises and suggest how the hadith literature can be read to argue against the validity of this specific punishment.     

Sexual ethics and communal judgments: on the pluralism of virtues, values, and practices.

Different judgments by Christian communities on issues in sexual ethics involve different weightings of various sources of moral authority, different understandings of the normativity of the natural, and different assessments of the scope of freedom to be exercised in relation to the goods of marriage. These fundamental differences of interpretation can be exemplified by the ongoing Roman Catholic discussion of the legitimacy of voluntary sterilization in certain "hard cases." The contributors to this issue of Christian Bioethics, in their spirited exchange on that issue, exemplify the need for careful attention to the ways that differences of theological emphasis and moral method lead to different judgements in particular cases, both within and between particular Christian communities.     

Contemporary Philosophy of Science in Italy: An Overview

The paper analyses the development of some themes in the contemporary philosophy of science in Italy. Section 1 reviews the dabate on the legacy of neopositivism. The spread of the philosophy of Popper is outlined in Section 2, with particular regard to the problem of the vindication of induction. Section 3 deals with the debate on the incommensurability thesis, while Section 4 examines its consequences on the possible relationships between historical and epistemological studies of science. The last section is devoted to one of the most recent trends in the Italian philosophy of science: the resumption of Aristotelian dialectics. This revised version was published online in August 2006 with corrections to the Cover Date.