This chapter contains sections titled: Modern Legal Theory and the Impact of Realism Policy Science Legal Process References.

Tracing graduates has become an imperative for higher education institutions much more during the pandemic. This tracer determined the employment and employability status of the 2019 BSE graduates and identified the competencies they adequately acquired and deemed vital for work. It used descriptive design, and data were collected from the 103 graduates through a google form with open and closed-ended questions administered between November and December 2020. Results revealed that most of the graduates had been employed in teaching and teaching-related (...) jobs but mostly in contractual arrangements within the first and second six months after graduation. Many had their first jobs with meager salaries from the private sector. Communication, pedagogy, information communication technology, time management, and flexibility were the top competencies they adequately acquired and were beneficial in work. The study concluded that these graduates had acquired 21st-century skills in their respective degree programs. These results have corresponding implications for future research in confirming the most employable skills in secondary teaching. As recommended, classroom instruction might emphasize the development of these skills. Eventually, these become the competitive advantage and employability capitals of future graduates. Administering the licensure examination and the release of its results can be done within the first three months after graduation to lessen the cost of waiting. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest that (...) combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of thinking about the ethics (...) of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

Since March of 2020, the world has been brought to its knees by unscientific and unethical mandates. These mandates have destroyed the world economy and the lives of countless innocent individuals. The “cure” that has been offered by medical bureaucrats and politicians has been more deadly than the disease (COVID-19). The imposition of ludicrous lockdowns, mask-wearing, coerced vaccination, and vaccine passports have not only proved to be ineffective, but also much more harmful than SARS-CoV-2 and all its variants. COVID-19 has (...) a recovery rate of close to 99% for most of the world’s population, however, despite this, institutions and power-hungry individuals have trampled upon our civil liberties and ignored our inalienable human rights. It is precisely as Thomas Paine famously stated: “The greatest tyrannies are always perpetrated in the name of the noblest causes.” -/- Many lives have been gratuitously lost because of the administration of deadly medical treatments, and the rejection of effective treatments that follow genuine science. In the process, informed consent has been disparaged and desecrated. For over two years, we were instructed to “trust the science,” but the “science” advocated by medical bureaucrats and greedy politicians was the reason why the world was turned upside-down. In the face of these crimes against humanity, justice will only be brought by real courts and real judges, but this will require the awakening of a critical mass. This book serves as an instrument for this awakening. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

The study aimed to identify the level of institutional competence in Non-Governmental Organizations in Palestine. The study used the descriptive analytical approach. A structured questionnaire was used to collect data that contribute to achieving the objectives of the study. The study population consists of employees in Non-Governmental Organizations in the southern Palestinian governorates, and a random sample was used. For data collection, (183) applicable questionnaires were retrieved. The results of the study showed that the general assessment of the (...) level of institutional efficiency was high with a relative weight of (91.85%). The results also showed that there were statistically significant differences in achieving institutional efficiency according to the variables (gender, number of years of service), while it was found that there were no statistically significant differences in achieving institutional efficiency. Depending on the variables (educational qualification, age group). The study presented a set of recommendations, the most important of which are: the necessity of providing a budget for training and development, and attracting expertise and specialists in digital transformation to work in organizations. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper (...) raises few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes (...) vague and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

ABSTRACT This article distinguishes nine senses of polarization and provides formal measures for each one to refine the methodology used to describe polarization in distributions of attitudes. Each distinct concept is explained through a definition, formal measures, examples, and references. We then apply these measures to GSS data regarding political views, opinions on abortion, and religiosity—topics described as revealing social polarization. Previous breakdowns of polarization include domain-specific assumptions and focus on a subset of the distribution’s features. This has conflated multiple, (...) independent features of attitude distributions. The current work aims to extract the distinct senses of polarization and demonstrate that by becoming clearer on these distinctions we can better focus our efforts on substantive issues in social phenomena. (shrink)

The COVID-19 outbreak spurred unplanned closures and transitions to online classes. Physical environments that once fostered social interaction and community were rendered inactive. We conducted interviews and administered surveys to examine undergraduate STEM students’ feelings of belonging and engagement while in physical isolation, and identified online teaching modes associated with these feelings. Surveys from a racially diverse group of 43 undergraduate students at a Hispanic Serving Institution (HSI) revealed that interactive synchronous instruction was positively associated with feelings of interest and (...) belonging, particularly for students of color, while noninteractive instruction reduced social belonging, but was related to more cognitive engagement. Small group and one-on-one interviews with 23 of these students suggest that students derived feelings of connectedness from their instructors, peers, and prior experiences and relied on their sense of competency to motivate themselves in the course and feel a sense of belonging. Two embedded cases of students in physics classrooms are compared to highlight the range of student feelings of connectedness and competency during the lockdown. Findings reaffirm that social interaction tends to support belonging and engagement, particularly for under-represented (Black or African American and Hispanic) racial groups in STEM. STEM instructors who aim to support feelings of belonging and engagement in virtual learning environments should consider increasing opportunities for student–student and student–teacher interactions, as well as taking a flexible approach that validates and integrates student voice into instruction. Future research is needed to further explore the themes of relatedness and competency that emerged as aspects of course belonging. (shrink)

Long before the colonialists stepped into the shore of the Nigerian nation and African Continent in general,masquerade played a central role in the lives of the people. Even at the moment, among many others, masquerade performs the role of social control across some Nigerian rural communities. It is based on this that the researchers are motivated to examine the social role of masquerade in the society with the aimofusing the knowledge to review how cultural institution like masquerade can be used (...) to resuscitate social orders in the contemporary Nigerian socio-economic and political systems. To this end, the critical discourse analysis methodology was adopted for the study. Through this research apparatus, the paper systematically analyses the issue. The result shows that cultural institution such as masquerade, if properly given attention to, like in the yesteryears, can control social ills such as corruption, bribery, and lots of other social problems that have bedeviled the Nigerian nation over the years. (shrink)

INTRODUCTION[|]It can be thought that ethical problems will rise as the population gets older. Issues such as competence and autonomy of the elderly are among the rising ehtical problems. The fact people aged 65 and over are being questioned about their competence, is an ethical problem in Turkey and this issue is discussed in this work. [¤]METHODS[|]Many institutions subject people over 65 to adequacy audit in decision making stage and this is repeated for every new situation. As a (...) result of this, people over 65 have to be examined by a doctor although there isn't a medical condition. This problem has been discussed within the framework of the following questions: 'In what extent is it legitimate to question the adequacy of a person aged over 65? How does a person feel when her/his adequacy is questioned? Can she/he be the same person as she/he feels before? When does being and individual or adequacy of a person disappear? And, who can decide in this issue?' [¤]RESULTS[|]-[¤]DISCUSSION AND CONCLUSION[|]It has been thought that autonomy of people over 65 years is violated partly and being over 65 years is perceieved as an abnormal situation. [¤]. (shrink)

This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And third, it examines these (...) questions using parallel studies with UK and US respondents to test the robustness and generalisability of the relations identified. Results confirm that, across both jurisdictions, illegality under either trade or human rights regimes, and with or without the additional involvement of an international court, have a statistically significant negative effect of public support for a policy. They further identify a greater negative effect where an international court has confirmed this illegality, although this result is statistically significant in only one case. They do not identify any statistically significant difference in the support depressing effect of illegality under the trade regime compared to the human rights regime. (shrink)

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

Investigating school performance and competencies, especially on leadership, received a considerable attention in the past. In fact, there have been multitudes of evidence that leadership can impact school performance, student achievement, or outcome. Also, there was no single measurement of school performance. This study examined the influence of leadership and core behavioral competencies on the school performance of school heads. This was to build a new model of school performance. Using an explanatory research design, it administered a survey questionnaire to (...) 192 randomly chosen school heads from the 37 districts of Department of Education Division of Surigao del Sur. Also, it used data mining for the performance ratings of school heads from the division office. Regression analysis tested three hypothesized models of school performance where leadership and core behavior competencies serve as independent variables. Results showed that leading people was a significant predictor of school performance. Thus, leading people can best explain the school improvement as a proposed model. The results have implications for future research, leadership practice, and theoretical development of school performance model among school heads. (shrink)

Spinoza's moral philosopher represents his most concerted attempt to come to terms with the great philosophical questions of the existence and identity of God, the nature and origin of the human mind concerning God, the origin and nature of emotions, the power of emotions as they restrict freedom of choice. His ethics is derived from his metaphysics and psychology. His belief that everything emanates from a perfect and infinite God made him conclude that evil does not exist. Further, he argues (...) that anything that happens could have happened otherwise since it emanated from the unchangeable laws of nature. The surest part of happiness according to Spinoza is the study of philosophy and meditation. Arising from the foregoing, this discourse views Spinoza's doctrine as running contrary to human nature. For maintaining that everything is fated and determined including human disposition implies that all human actions can, therefore, be said to be amoral. The corollary of the above is that institutions such as law court, police, prisons, and judiciary, Christianity and Islam are superfluous, irrational and serving no purpose. Consequently, his postulates smack of a moral lacuna. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. Claudia Card’s (1940-2015) analysis of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card’s definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on babies (...) born with intersex anatomies. It argues that in this instance, the complicity of doctors is culpable on Card’s terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

Infertility, the inability to get pregnant after twelve months or more regular unprotected sexual intercourse is a global phenomenon but among the Ikwerre people of Rivers State, the blame of infertility in the family is always shifted to the woman despite the discovery of modern diagnosis that reveals that men and women can be responsible for childlessness. This research brings to bear the fact that modernity has not affected the Ikwerre people on the blame game of infertility in families. Thus, (...) this paper looked at the problem of infertility using a structured questionnaire of 4-point Likert scale, analyzed the data with a descriptive statistics and simple percentage for the socio-demographic distribution of respondent while mean and standard deviations were used to analyze the research questions. It adopted the use of Fertility Awareness Methods Theory as a panacea to the blame of infertility and concludes that knowledge of the reproductive anatomy and physiology of couples as it relates to fertility will help them make informed decisions concerning childbearing. (keywords: Infertility, Blame, Marriage, Pregnancy). (shrink)

Polarization is a topic of intense interest among social scientists, but there is significant disagreement regarding the character of the phenomenon and little understanding of underlying mechanics. A first problem, we argue, is that polarization appears in the literature as not one concept but many. In the first part of the article, we distinguish nine phenomena that may be considered polarization, with suggestions of appropriate measures for each. In the second part of the article, we apply this analysis to evaluate (...) the types of polarization generated by the three major families of computational models proposing specific mechanisms of opinion polarization. (shrink)

It is widely acknowledged that categories play significant roles in the appreciation of artworks. This paper argues that the correct categories of artworks are institutionally established through social processes. Section 1 examines the candidates for determining correct categories and proposes that this question should shift the focus from category membership to appreciative behaviour associated with categories. Section 2 draws on Francesco Guala’s theory of institutions to show that categories of artworks are established as rules-in-equilibrium. Section 3 reviews the explanatory benefits (...) of this institutional theory of the correct category. [Winner of the 2022 Debates in Aesthetics Essay Prize]. (shrink)

Guardians of companion animals killed wrongfully in the U.S. historically receive compensatory judgments reflecting the animal’s economic value. As animals are property in torts law, this value typically is the animal’s fair market value—which is often zero. But this is only the animal’s value, as it were, to a stranger and, in light of the fact that many guardians value their animals at rates far in excess of fair market value, legislatures and courts have begun to recognize a (...) second value, the animal’s value to her guardian. What is this noneconomic value, and how should guardians be compensated for it? In Part 1, I propose a novel method to answer this question. My method includes a third, even more controversial, value: the animal’s value to herself. The idea that an animal could invest in herself faces many criticisms. In Part 2, I defend the claim by examining the mental capacities of dogs (Canis familiaris). I rebut the central objection—that dogs lack the psychological capacities required for self-investment—by showing that dogs are autonomous, think about their futures, and inhibit their desires in light of their goals. I close by suggesting that whereas the approach has conservative implications for the valuation of companion animals, it has radical implications for the valuation of agricultural animals. -/- Keywords: companion animals, animal law, legal theory, value theory, practical ethics, economic value, noneconomic value, intrinsic value, instrumental value, animal welfare, dogs, animal rights, capital value, self-investment value, autonomy, wrongful death, philosophy of animal law, animal minds, moral standing of animals, legal standing of animals, agency, prospection, canine neurobiology, bereavement, replaceability, non-ideal ethics . (shrink)

As a policy instrument that is deeply rooted in technology assessment, the precautionary principle examines the effects of a given object on humans and the environment. In practice the principle is rarely used to analyze the effects of our safety measures on the object itself or the way it is produced. Yet it is exactly in the effect on the blood procurement system that blood safety regulations based on the precautionary principle have to be particularly careful, as the vast majority (...) of blood products in the Global North are obtained through donations. (shrink)

A nation’s economy runs on the knowledge and skills of its people.Quality assurance mechanisms for higher education institutions must take cognizance of the graduates' acquisition of skills to become productive and contributory for societal development. The study is a quantitative survey assessing the attainment of the immediate program learning outcomes of the graduating Bachelor of Science in Information Technology of one campus of a public higher education institution in the Philippines. It also assessed the introspection and level of satisfaction of (...) the graduates in their studies. Findings disclosed that the graduates have a high level of attainment of the program's learning outcomes and a high level of satisfaction. The high school where the respondents graduated is the single variable that defined the difference in attainment of program intended learning outcomes. As to the graduates' introspections, themost significant percentage of them learned the program from family, relatives, and friends. Reasons for pursuing the degree program are because of parents’ influence, prestige of IT profession. Meanwhile, the university's reputation, affordable tuition fees, and proximity to home were the factors affecting the enrolment in the BSIT program. The findings will be the basis for strategic program interventions of the program. (shrink)

This research examined the management of financial and non-financial resources by Calabar Metropolis’ public secondary school principals in relation to the fulfillment of institutional goals. Null hypotheses were developed based on the two specific objectives guiding the study. The study used the ex-post facto research design under the quantitative research framework. A census approach was adopted in enumerating all the 69 school managers (24 principals and 45 vice principals) in Calabar Metropolis, Nigeria. A validated questionnaire, with a reliability index (...) of .90, was used for data collection. It was shown that there is a considerable association between the management of financial resources by school leaders and the fulfillment of institutional goals. A significant relationship was also established between principals’ management of non-financial resources (such as school libraries, school records and human resources) and the fulfillment of institutional goals in secondary schools. It is argued that to fulfil educational goals, financial and non-financial resources’ management in public secondary schools are critical. Policy and theoretical implications for successful educational management were discussed in light of this result. (shrink)

It is natural to think of political philosophy as being concerned with reflection on some of the ways in which groups of human beings come together to confront together the problems that they face together: in other words, as the domain, par excellence, of collective action. From this point of view it might seem surprising that the notion of collective obligation rarely assumes centre-stage within the subject. If there are, or can be, collective obligations, then these must surely constrain the (...) ways in which we can act collectively. Indeed, one might even suspect that considerations about collective obligations ought to play a central role in demarcating the form that any legitimate form of political organization ought to take. -/- Elsewhere I have argued that we have good reasons for accepting the existence of global collective obligations - in other words, collective obligations which fall on the world’s population as a whole.(Wringe 2006, 2010, forthcoming, under review) For example, the existence of such obligations provides a plausible solution to a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. Call such an obligation the ‘Obligation to Promote Satisfactory Global Institutions.’ I shall also examine a significant challenge to this line of argument, which I call the ‘Pluralist Challenge’ One might suppose that the ‘Obligation to Promote Satisfactory Global Institutions’ could be met by providing strategic support to attempts to modify and extend existing international institutions. After all, creating new institutions is a difficult matter: perhaps it would be better, especially where stringent obligations are concerned, to concentrate on those institutions which we already have. On the other hand, existing international institutions are subject to a range of significant moral and ethical criticisms. It would simply be naïve to suppose that their existence of such institutions is based on an international consensus about what justice requires; and it is not clear how we could motivate individuals who have severe ethical reservations about the existence of such institutions, or why we should wish to. This suggests that those who think that there are global collective obligations, and that such obligations should play an important role in shaping how we think of international distributive justice are faced with a significant dilemma: either support a program of extending and strengthening existing institutions in a way which risks entrenching some existing forms of injustice; or commit oneself to a program of attempting to build new institutions which will have to compete with those institutions we have already and which are unlikely to be in a position to meet help us to discharge our collective obligations at any point in the near future. Neither option seems satisfactory. I shall argue that our response should be to look for plausible ethical constraints on how international institutions should be developed, and suggest that these constraints are likely to take a cosmopolitan form. (shrink)

Much attention has been devoted recently to cases where a controversial speaker is invited to speak on campus and subsequently some members of the university seek to have that speaker disinvited. Debates about such scenarios often blur together legal, normative, and empirical considerations. I seek to help clarify issues by separating key legal, normative, and empirical questions. Central to my examination is the idea of the university as a multi-forum institution—i.e. a complex public institution whose parts contain different types (...) of forums. I conclude that it is sometimes legally and normatively permissible (1) for universities to disinvite speakers, and (2) for students to seek to get speakers they consider unacceptable disinvited. I also suggest that my arguments sometimes extent to shouting down speakers. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

Cambodians are still vulnerable. To reverse those conditions, National Social Protection Strategy (N.S.P.S) was developed for the poor and vulnerable people to promote their livelihoods. Royal Government of Cambodia (R.G.C) has paid attention to social assistance. In strategic plans, highlights on strengthening, and collectively developing social security, consistent and effective. With these issues, the government establishes a national social protection policy framework to help all people in particular poor and vulnerable people (M.o.E.F, 2017, p.1). The research aims at reviewing the (...) institutional capacity of government institutions in charge of the National Social Protection Framework (N.S.P.P.F) toward its goal achievement The Department for International Development (D.E.F.I.D) capacity approach is proposed as a framework for this institution of government toward its goal achievement. The D.E.F.I.D (2003) cited in Kay amp Franks (2003) identifies the approach for assessing capacities in three-level. The strengths and the weakness of the seven points were identified. Those included an Overview of N.S.P.P.F, financial resources, relationship with others, policies and systems, strategies, structures, and technical skills and competencies. It was concluded that budget limitations and lack of data and guidelines for implementing the frameworks were limited. Recommendations were identification of People with Disability (P.W.D) data, people close to the poverty line, the inclusion of P.W.D, increase in budget, and budget decentralization. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

In the absence of kidney markets, alternative institutions for exchanging kidneys have arisen to give donors incentives to donate. I examine thirteen such institutions, and ask whether moral arguments against markets, such as commodification, apply to them or not. I find that most arguments against kidney arguments also argue against these alternative institutions, meaning those arguments are not strong enough to prevent society from using institutions to exchange kidneys. Two arguments that do explain which kidney exchange institutions are socially accepted (...) and which are not are that institutions should not be want-regarding and should not be exploitative.Screening donors to eliminate those with socially unacceptable motives for donation and those who are in a position of being exploited could make kidney markets acceptable, since they would then only be vulnerable to arguments which have not prevented alternative exchange institutions from functioning. (shrink)

Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...) organized by James Campbell and Richard Hart, was co-sponsored by the American Association of Philosophy Teachers. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

The purpose of this paper was to examine institutional variables and the supervision of security in secondary schools in Cross River State. The study specifically sought to determine whether there was a significant influence of school population, school type and school location, on the supervision of security in public secondary schools in Cross River State. Three null hypotheses were formulated accordingly to guide the study. 360 students and 120 teachers resulting in a total of 480 respondents, constituted the sample (...) for the study. The instrument used for data collection was a questionnaire while Independent t-test was used to analyze data and test the hypotheses at .05 level of significance using Microsoft Excel version 2013. The results of the findings revealed that school population, school type and school location, all have an influence in the supervision of security in public secondary schools of Cross River State. It was also revealed that lowly populated, mixed-gender, and urban public secondary schools were more efficient in the supervision of security than their counterparts such as highly populated, single-gender and rural secondary schools. Based on the findings of this study, conclusions were drawn and recommendations were made. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

According to the order ethics approach to business ethics, moral rules must be im-plemented by institutions that provide incentives for following the rules. As a minimal (normative) condition, these institutions must be able to motivate the homo eco-nomicus. But even if an institution passes this test, it will only motivate actual people (i.e. the homo psychologicus) to follow moral rules, if they have the relevant compe-tences and self-efficacy beliefs. Consequently, good institutional design includes com-prehensive change management. At this point (...) applied order ethics can draw on find-ings of psychology and experimental economics. It turns out, that role models can support self-efficacy beliefs and are thus more important for order ethics than has traditionally been assumed. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. The analysis by Claudia Card of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card's definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on (...) babies born with intersex anatomies. It argues that in this instance the complicity of doctors is culpable on Card's terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

This article examines the phenomenon of thought insertion, one of the most extreme disruptions to the standard mechanisms for self-knowledge, in the context of Kant's philosophy of mind. This juxtaposition is of interest for two reasons, aside from Kant's foundational significance for any modern work on the self. First, thought insertion presents a challenge to Kant's approach. For example, the first Critique famously held that " The 'I think' must be able to accompany all my representations " (Kant, KrV, B132). (...) Yet thought insertion raises the problem of representations which are 'mine' by many natural criteria, and yet which I am unwilling to self-ascribe. Ultimately, my argument will be that thought insertion simultaneously problematises, and yet to some degree also vindicates, the complex distinctions between activity and passivity which underlie Kant's system. Second, I argue that Kant's position contains resources that allow us to model thought insertion, and its broader implications for self-knowledge, in an interesting and distinctive manner. Kant himself held an extreme view of philosophy's competence in the study of mental disorder: in the Anthropology, he suggests that courts must refer such cases to philosophers, rather than medics (Kant, Anth, p.214). My aim is much more modest: to suggest that a Kantian treatment of thought insertion deserves consideration by both philosophers and clinicians. (shrink)

ABSTRACT Intellectual historians have tended to focus either on shifts in sensibility or, more analytically, on the substance and structure of thought. They might usefully, however, examine both, as well as the reciprocal action of the one upon the other. This applies equally to political and religious ideas. In early twentieth-century Ireland, it was the relationship between religion and politics that stirred controversy. How would the institutions of church and state function, respectively, under Home Rule and the Union. Opposing camps (...) advanced competing prognostications. This contest forces us to rethink the claim that revolutionary insurgency in Ireland was a species of ‘political religion’. The evidence points to a more complex picture while at the same time highlighting the persistence of sectarian attitudes in the historiography of the period. (shrink)

There is a substantial class of collective decision problems whose successful solution requires interdependence among decision makers at the agenda-setting stage and independence at the stage of choice. We define this class of problems and describe and apply a search-and-decision mechanism theoretically modeled in the context of honeybees and identified in earlier empirical work in biology. The honeybees’ mechanism has useful implications for mechanism design in human institutions, including courts, legislatures, executive appointments, research and development in firms, and (...) basic research in the sciences. Our paper offers a fresh perspective on the idea of “biomimicry” in institutional design and raises the possibility of comparative institutional analysis across species. (shrink)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. (...) I examine two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

The Axis II Work Group of the Task Force on Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) has expressed concern that antisocial personality disorder (APD) criteria are too long and cumbersome and that they focus on antisocial behaviors rather than personality traits central to traditional conceptions of psychopathy and to international criteria. R. D. Hare et al describe an alternative to the approach taken in the DSM-III—Revised (DSM-III—R; American Psychiatric Association, 1987), namely, the revised Psychopathy Checklist. The authors also (...) discuss the multisite APD field trials designed to evaluate and compare 4 criteria sets: the DSM-III—R criteria, a shortened list of these criteria, the criteria for dyssocial personality disorder from the 10th edition of the International Classification of Diseases (World Health Organization, 1990), and a 10-item criteria set for psychopathic personality disorder derived from the revised Psychopathy Checklist. (PsycINFO Database Record (c) 2015 APA, all rights reserved). (shrink)

ABSTRACT: A report on the pioneering of a new pedagogy designed to challenge students to use and improve their memory, increase their awareness of logical fallacies and tacitly embedded contradiction(s) and sensitize them to the deeply symbolic nature of thought in all its expressions (math, logos, music, picture and motor skills), as created, by the author, from in situ research at a senior level (ESL) course in Storytelling at one of East Asia’s premiere second languages university, and from teaching children (...) in several university summer programs. -/- As a Visiting Professor of Foreign Languages, I recently had a glorious opportunity to innovate curriculum and teaching techniques in an East Asian university classroom. Under the auspices of teaching senior level thematic courses in English as a Foreign Language, or more specifically, “storytelling,” I was blessed with the opportunity to innovate both on the level of curriculum and pedagogy. -/- But let me backtrack to set up my story from the start. All of this began in a children’s ESL class at a private language institute where I was given some newly formed intermediate level English classes for middle school students on a new campus that had yet to form a library. While waiting for my standard textbooks to arrive I began innovating with one of my own childrens’ stories titled The Tale of the Purple People Eater (a three page mythic story written in the late 90s. Please see appendix). In working with this story, because I envisioned presenting it orally (from memory) at first as a way to introduce students to memory arts exercises, I was compelled to read it over many times, which, to my surprise revealed a troubling feature: it was riddled with contradictions in every paragraph. At any rate, with the middle school aged students I only touched on this feature very briefly and focused more on language acquisition exercises. The tale nevertheless impressed upon me this bizarre aspect of language where a story can appear naturally cogent on the surface, but can also come apart at the seems if taken “literally.” Hence, later while teaching Storytelling in university with a rather dry textbook, I was invited to supplement the class with exercises of my own. Here I was curious to try work shopping the ‘Tale of The Purple People Eater’ with young adults. This involved three stages: 1) Memory work — or engaging with the unpublished story orally; 2) Exploring the contradictory nature of language and thought; 3) Probing the “deeply-symbolic” nature of meaning. -/- Of course, all of these levels have a long history of precedence in our civilization. Memory arts — though defunct now — had been highly developed in the ancient world, not least among bards who performed oral recitations from memory of the entire Illiad and Odyssey. Dialectics — now transmuted into the debate for show and prizes — had a deeper epistemological mission to discover truth and achieve enlightenment (i.e. Socrates, Boethius and St-Augustine). And if it could not be done via contradictory-prone rationality, it would do it by re-attaching or re-membering broken meanings via the sym-bol (“throwing together”), as per our lineage of platonic poets who created a world compelling enough to make us ask where Jesus went during his (underworld journey) three days in the crypt? Or, and, on what terrain did Dante travel? -/- Lets look at all three: Memory work can be very simple: it amounts to an oral recitation of the story in class followed by a homework assignment wherein the students are asked to reproduce the story (in writing) from memory. They can then compare ‘notes’ in class and by working in groups attempt to produce one version per group of the story in question. In this way we invite them to engage with ‘live’ stories as did our oral-history ancestors. Likewise, by writing it down (“for the first time”) they are re-living the act of our first bardic writer(s) who wove together a collection of competing versions of a popular legend to produce a standard. Very primal work! If Plato thought that writing meant the end of memory in his time, imagine what smart phones are doing to memory now. Contradictions too are easy to work with. It suffices to project a written version of the teacher’s story on the classroom screen — no note taking! — and let students have ample time to read it over and over, at first to check with their own memorized version, and later to seek out logical contradictions in the prose. Any way to ‘repair’ the story? Does it lose credibility because of contradictions? Can it be real without being true? Can it be true without being real? Do reality (L. res = matter) and truth (Gk. a-leithea = un-forgetting) etymologically speaking, share the same domain? -/- Further, if below the surface-meaning the story falls apart, its apparent mythical meaning immediately is called into question. This is a good time to ask the students to propose a (deeper) interpretation. On the surface, the obvious meaning of the Tale of the Purple People Eater, a world in which a purple ogre predatorily feasted on the purple race of the United Peoples of Benetton (a multi-racial nation representing every “skin colour of the rainbow”), revolves around racism, and indeed everyone save for one, thought the story was about racism. -/- I, the author, had the challenge of discovering the deeper meaning of my own story. Because it was written inspirationally one morning, the way we might record the memory of a dream from the night before in a journal, I also was ignorant of the story’s meaning. As luck would have it, a few days before I was to give my class feedback on their interpretations, a meditation on the color “purple” led to the book “The Color Purple” which I first heard of from a friend who, in my reply to a question about the book she was reading (in 1985), summarized it succinctly in one sentence about a black woman’s sexual awakening and liberation. I quickly got the book from the university library as well as the film which I viewed several times before my next class. -/- To my utter amazement, after reading the Tale of the Purple People Eater in light of the Color Purple and adjusting the meaning of color in the tale from the color of people’s complexion to the “color of people’s souls” (to commensurate with the film) as depicted in their clothing and other accoutrements (e.g. automobiles) as reflective of the “health of their souls” (white for revolt, purple for majesty, etc…) where the enslaved Celie is surrounded by drab lifeless colors in the beginning of the film in contrast to the liberated woman she has become in the end of the story symbolized by the extraordinary intensity of the purple shawl that bedecks her like an African queen, the tale can be considered, in part, as a kind of back story of the inner evolution of the book’s and film’s protagonist. -/- Many other cross-polenised metaphors come to the fore: Hippocrates in the tale is the mail man in the film; St-Yves anti-ageing gel is a metaphor for remaining in “childhood (sexual) slavery”; the Ex-Thrax vaccine is the spiritual laxative in the form of letters from Africa (from Ex-Lax and Thrace, a “wild place”) that eases Celie out of her yoke; the egg-shaped conference table with the pointy end in the tale is the kitchen table in the last meeting where Celie threatens her husband with the pointy end of the knife in the film… -/- Of course, the students could not be expected to decode the meaning of a story of this nature whose collective unconscious connotations the author himself had to go to great lengths to excavate almost like a detective of the subconscious. What was important here was the shared engagement between mind and narrative and how it acted as a vehicle for 1) re-membering, 2) becoming aware that all language is a metaphorical cover and 3) that the deep symbol and fused metaphor are divided not by external time and space but by external reality (in the Latin sense, res) and internal truth (in the Greek sense, aleithea). Myth then, in its highest meaning is a hybrid form (of these two) of narrative. Hence both parts real and true. (shrink)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

The recent #metoo movement has turned public attention to the problem of sex under conditions of power inequality. Is consent impaired, when you have plenty to lose (e.g. a great professional opportunity) from saying “no” to a sexual advance? And even if consent is valid, is this a morally acceptable situation, especially if one party is aware that their position of relative power will influence the other’s decision to have sex? Such situations bring to the fore not only the issues (...) of coerced sex and quid pro quo harassment (asking for sex in exchange for benefits), but the much more controversial question of whether sex between unequal but otherwise competent consenting adult partners is in principle OK—and whether institutions such as companies, universities, or the state itself should be in the business of regulating such relations. In what follows, I will outline the central concept of power asymmetry and its ethical relevance (section 2). I will then distinguish two main views about the ethics of sexual interaction under conditions of power asymmetry: a Kantian view, which categorically condemns such interactions, and a Millian view, which justifies at least some such interactions (section 3). I then briefly consider three contexts, which raise difficult questions about sex between unequals: the workplace, the university (section 4), and voluntary prostitution (section 5). Section 6 provides a short conclusion. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...) state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

It might become possible to build artificial minds with the capacity for experience. This raises a plethora of ethical issues, explored, among others, in the context of whole brain emulations (WBE). In this paper, I will take up the problem of vulnerability – given, for various reasons, less attention in the literature – that the conscious emulations will likely exhibit. Specifically, I will examine the role that vulnerability plays in generating ethical issues that may arise when dealing with WBEs. I (...) will argue that concerns about vulnerability are more matters of institutional design than individual ethics, both when it comes to creating humanlike brain emulations, and when animal-like emulations are concerned. Consequently, the article contains reflection on some institutional measures that can be taken to protect the sims' interests. It concludes that an institutional framework more likely to succeed in this task is competitive and poly-centric, rather than monopolistic and centralized. (shrink)