The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...) that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character evidence.

Carnap’s seminal ‘Empiricism, Semantics and Ontology’ makes important use of the notion of a framework and the related distinction between internal and external questions. But what exactly is a framework? And what role does the internal/external distinction play in Carnap’s metaontology? In an influential series of papers, Matti Eklund has recently defended a bracingly straightforward interpretation: A Carnapian framework, Eklund says, is just a natural language. To ask an internal question, then, is just to ask a question in, say, English. (...) To try to ask an external question is to try, absurdly, to ask a question in no language at all. Finding that so trivial an I/e distinction can’t help to explain Carnap’s deflationary metaontology, Eklund is led to attribute to Carnap a view he calls ontological pluralism. In this paper, I show that Eklund misreads Carnap, and I argue that this misreading obscures fundamental features of Carnap’s philosophy. I then defend an account of frameworks as what Carnap called semantical systems, and I place this account in the context of Carnap’s philosophical program of explication. Finally, I discuss the role that frameworks and the I/e distinction play in ESO, showing that ESO provides no reason to attribute the doctrine of ontological pluralism to Carnap. (shrink)

This paper presents a new version of the democratic argument for the freedom of expression that has the resources to give a plausible reply to the perennial objection—ordinarily considered fatal—that such accounts fail to deliver protections for abstract art, instrumental music, and lots of other deserving nonpolitical speech. The argument begins with the observation that there are different things that a free speech theory might aim to accomplish. It will hope to justify a right to free speech, of course, with (...) a particular scope and shape, but that right might be a moral right, an ordinary legal right, or a specifically constitutional right. The new version of the argument—the refined argument from democracy—aims to justify a specifically constitutional right to political speech, administered by strong-form judicial review. The democracy theorist can accommodate the intuition that abstract art deserves protection by agreeing that we have a moral right, and probably ought to have an ordinary legal right, to produce and view abstract art. She must only insist that abstract art should not be protected by a specifically constitutional right administered by strong-form judicial review. Not because abstract art does not deserve constitutional protection, but because, on this view, whether a particular right ought to be enshrined in the constitution and administered by judicial review is not solely a matter of the importance of the right or the value of the interests it protects. (shrink)

Education is essential to life, and the epidemic affected everything. Parents want to get their kids the most important teaching. However, since COVID-19 has affected schools and other institutions, providing education has become the most significant issue. Online learning pedagogy uses technology to provide high-quality learning environments for student-centered learning. Further, this study explores the experiences and challenges faced by Filipino tertiary students regarding the lack of gadgets amidst online learning. Employing the Interpretative Phenomenological Analysis, the findings of this study (...) were: Some college students still have difficulty with online learning. Attending online classes is difficult, especially for students with limited resources. Smartphones, other gadgets, and internet connections play a significant role in online classrooms because they are the ones that students utilize while learning online, which is essential for successful participation in online higher education as well as for solving a variety of other difficulties in the new normal. Further, College students face similar health challenges. Having an online learning setup is not just about students' struggles with learning resources but also about their health issues. When our respondents used their smartphones for an extended period, they reported eye aches and blurred vision. They also said that some of their body parts, such as their legs and back, are aching, and feel pressured because they tend to overthink things in their surroundings, which causes them incredible difficulty in performing their best in attending online classes. Even though college students continue to suffer from a lack of learning resources during online sessions, they do their best to manage their needs and the scarcity of learning resources. Students have unique coping methods for dealing with difficulties in online classes. (shrink)

In episode 6 of the first season of The Handmaid’s Tale, the Republic of Gilead welcomes a trade delegation of the United Mexican States. Offred’s hope that the ensuing trade agreement between Gilead and Mexico would eventually bring the sexual exploitation she and the other handmaids suffer to public are quickly dashed. During a chance encounter at the house of Offred’s master, the Mexican ambassador Mrs Castillo confides in Offred that Mexico is suffering a fertility crisis just like Gilead. Her (...) country is seriously considering trading with Gilead in handmaids. My article will use this episode as a starting point to reflect on the correlation between women’s social and economic status. I will illustrate how The Handmaid’s Tale demonstrates that markets are socially embedded and thereby reproduce and amplify social and political inequalities. This series thereby also functions as a powerful validation of the asymmetry thesis concerning markets in reproductive labour. (shrink)

A single mother is a person who is accountable for raising their children alone because they do not have a husband or live-in partner. Single mothers claim to have no co-parenting relationships at all, comparing single parents to those who are married, cohabiting, or without children, single parents experience the worst work-life balance. A single parent may feel overwhelmed by the demands of juggling child care, a career, paying bills, and maintaining household responsibilities. Single-parent households frequently deal with several extra (...) obligations and possible complications that other families would not. The study also emphasizes the difficulties and coping mechanisms faced by contractual single parents as well as their lived experiences. The study's findings, which were based on an Interpretative Phenomenological Analysis, were as follows: (1) Work-life balance can be difficult for single parents. They struggle to keep their jobs while taking care of their family because they are the only ones in charge of the children. (2) Single contractual mothers face particular difficulties due to a lack of resources for basic expenses. (3) Contractual single women lean on their kids, the good people in their lives, and their faith in God to get through problems. (shrink)

Academic excellence and intelligence are commonly lauded as commendable attributes synonymous with success. However, a disconcerting trend has surfaced within educational institutions, challenging the prevailing narrative of scholastic accomplishment—smart shaming. This research delves into the increasing concern of smart shaming within educational settings, particularly at Immaculate Conception College of Balayan, Inc., questioning the predominant emphasis on academic excellence and intelligence. A qualitative case study design, along with judgmental sampling, was employed to examine fifteen (15) student leaders who had experienced smart (...) shaming on campus. Thematic analysis revealed that sarcastic remarks including "edi wow," "Okay ikaw na matalino," "bidabida," and "sipsip" were a prevalent manifestation of smart shaming, adversely affecting emotional well-being, academic and leadership prowess, mental health, and self-perception. Coping mechanisms, predominantly centered around ignoring and focusing on goals, were identified. The findings underscore the imperative for educators to remain vigilant regarding instances of smart shaming in classrooms, promoting open communication to ensure student well-being. Additionally, guidance counselors play a pivotal role in aiding students in effectively navigating the repercussions of smart shaming. This study advocates for proactive programs and interventions to address and alleviate the deleterious effects of smart shaming on students. (shrink)

Police officers are vital to maintaining security and the continuity of national functions. Thus, Police officers are more exposed to different kinds of psychological concerns. However, a female in this kind of profession, based on various studies, experienced higher levels of stress because of other factors. Further, the primary goal of this study is to investigate the psychological well-being, lived experiences, challenges, and coping mechanisms of female police officers. Employing the Interpretative Phenomenological Analysis, the findings of this study were: (1) (...) Female police officers had conceptualized themselves as brave, flexible, and adaptive. And they cope with stress with positive thinking that results in healthy psychological well-being. (2) Female police officers showed dedication and engagement to serve the people. They even used their resources for the public and sacrificed most of their time in the office. (3) Female police officers' primary motivation to continue their careers is their families, and serving the public brings joy to them. (4) However, female police officers experience disrespect while working in the field, and they always have fear in their life as police officers. Moreover, they need more time to spend with their families. Furthermore, it is highly suggested to provide opportunities for enhancing quality time with their family, specifically with their children. (shrink)

As part of a larger study, predictors of self-blame were investigated in a sample of 149 undergraduate sexual assault survivors. Each participant completed questionnaires regarding their preassault, peritraumatic, and post assault experiences and participated in an individual interview. Results confirmed the central hypothesis that, although several established correlates independently relate to self-blame, only cognitive content and process variables—negative self-cognitions and counterfactual-preventability cognitions—uniquely predict self-blame in a multivariate model.

In his recent article "Carnapian Frameworks" (Synthese, 2021), Gabriel Broughton criticizes my discussions of Carnap on ontology and puts forward his own interpretation of what Carnap’s external/internal distinction amounts to. I here first argue that Broughton’s main claims about me are based on a misinterpretation. Then I turn to some issues of broader interest. I argue that Broughton’s own, potentially interesting interpretation of Carnap’s external/internal distinction does not work. And in light of Broughton’s discussion I present (...) a sharpened version of what I have earlier said about Carnap’s this distinction. (shrink)

Marginalized people have used body aesthetic practices, such as clothing and hairstyles, to communicate their worth to the mainstream. One such example is respectability politics, a set of practices developed in post-Reconstruction black communities to prevent sexual assault and convey moral standing to the white mainstream. Respectability politics is an ambivalent strategy. It requires assimilation to white bourgeois aesthetic and ethical standards, and so guides practitioners toward blandness and bodily erasure. Yet, it is an aesthetic practice that cultivates moral agency (...) and helps communities avoid violence and meet social and economic goals. I contrast respectability politics with the anti-assimilationist body aesthetics of Chike Jeffers and Janell Hobson. Because these accounts do not seek to neutralize or erase the body, they fundamentally value black people. As such, they more effectively convey personhood than assimilationist strategies do and also demonstrate the positive role that body aesthetics can play in everyday ethical projects. (shrink)

For decades scholars thought they knew Hume's position on the existence of causes and objects he was a sceptic. However, this received view has been thrown into question by the `new readings of Hume as a sceptical realist. For philosophers, students of philosophy and others interested in theories of causation and their history, The New Hume Debate is the first book to fully document the most influential contemporary readings of Hume's work. Throughout, the volume brings the debate beyond textual issues (...) in Hume to contemporary philosophical issues concerning causation and knowledge of the external world and issues in the history of philosophy, offering the reader a model for scholarly debate. This revised paperback edition includes three new chapters by Janet Broughton, Peter Kail and Peter Millican. Contributors: Kenneth A. Richman, Barry Stroud, Galen Strawson, Kenneth P. Winkler, John P. Wright, Simon Blackburn, Edward Craig, Martin Bell, Daniel Flage, Anne Jaap Jacobson, Rupert Read, Janet Broughton, Peter Millican, Peter Kail. (shrink)

(Shoshana Smith now goes by her married name, Shoshana Brassfield: http://philpapers.org/profile/37640) Descartes famously claims that everything we perceive clearly and distinctly is true. Although this rule is fundamental to Descartes’s theory of knowledge, readers from Gassendi and Leibniz onward have complained that unless Descartes can say explicitly what clear and distinct perception is, how we know when we have it, and why it cannot be wrong, then the rule is empty. I offer a detailed analysis of clear and distinct perception, (...) showing how Descartes answers these questions. Many doubts about the usefulness of the clarity and distinctness rule arise from the mistaken assumption that in clear and distinct perception, like sense perception, we must be able to establish a correspondence between perception and reality before we can have knowledge. I show that Descartes has a different metaphysical picture of clear and distinct perception. Clear and distinct perception is direct perception, typically of essences. On this view, by relying on the intellect instead of the senses, we can have direct perception not only of our own ideas, but also of a mind-independent reality. Because clear and distinct perception is direct perception, problems of correspondence do not arise. My account of clear and distinct perception also yields unique insight into other issues in Descartes, such as the Cartesian Circle and the doctrine of the free creation of the eternal truths. Completed at the University of California, 2005. Dissertation advisers: Janet Broughton, Hannah Ginsborg, Anthony A. Long. ProQuest UMI: 3187156. (shrink)

This special issue of HYPATIA: A Journal of Feminist Philosophy entitled "Women, Art, and Aesthetics" highlights the expanded range of topics at center stage in feminist philosophical inquiry to date (2003): recontextualizing women artists (essays by Patricia Locke, Eleanor Heartney, and Michelle Meagher), bodies and beauty (Ann J. Cahill, Sheila Lintott, Janell Hobson, Richard Shusterman, Joanna Frueh), art, ethics, politics, law (A. W. Eaton, Amy Mullin, L. Ryan Musgrave, Teresa Winterhalter), and review essays by Estella Lauter and Flo Leibowitz. Annotated (...) bibliography by Joshua Shaw. (shrink)

Feminist, critical race, and postcolonial theories have established that social identities such as race and gender are mutually constitutive—i.e., that they “intersect.” I argue that “cultural appropriation” is never merely the appropriation of culture, but also of gender, sexuality, class, etc. For example, “white hipness” is the appropriation of stereotypical black masculinity by white males. Looking at recent videos from black male hip-hop artists, I develop an account of “postmillennial black hipness.” The inverse of white hipness, this practice involves the (...) appropriation, by black men, of stereotypical white gay masculinity and/or non-American, non-white femininity. I also argue that Shephard Fairey’s recent images of (mainly militant) non-Western women of color can be read as a new form of white hipness that revises the traditional logic in two ways: (1) by appropriating non-white femininity rather than masculinity, and (2) by adopting the practice of postmillennial black hipness itself. (shrink)