Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put (...) it: "...we propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

ABSTRACT Approaching Cognitive-Behavioral and Existential Therapy Through Neo-Confucianism (December 1984). Joffre Denis Meyer, B. A. Texas A&M University Chairman of Graduate Committee: Dr. William R. Nash -/- The thesis is an effort to bring Neo-Confucian insights to modern cognitive- behavioral and existential therapy. The adaptability of Neo-Confucianism is illustrated through the growth-system inherent in its concepts. Frequently, Neo-Confucian sages and modern psychologists used virtually identical statements. Moreover, humanity faces the same basic issues while the particularizations vary. The importance of reason, (...) manners, appropriate behavior and self-actualization remains constant. However, the methods of their attainment change with time. The history of the Confucian/Neo-Confucian tradition is filled with such conceptual modifications. -/- Neo-Confucianism is a syncretic philosophy that utilized elements of Zen, Taoism, and Legalism within Confucian teachings. This adaptation increased the sages' ability to communicate with a wider range of people. In effect, the Neo-Confucian movement was perhaps the earliest practice of eclectic counseling. Neo-Confucianism itself has undergone development from its eleventh-century origins to the present-day scholarly journals. -/- The researcher does not believe the key issue in inter- disciplinary studies is whether psychology is being applied to philosophy or vice-versa. Neo-Confucianism pragmatically asserts that the true test of a philosophy rests in its ability to help the individual. Mere intellectual exercise contradicts the unity of knowledge and action. The thesis has five chapters. The existential therapy chapter uses a predominantly Western psychology format while the cognitive-behavioral therapy chapter uses Wang Yang-ming's Four Axiom Teaching as an outline. -/- The thesis also includes Neo-Confucian cognitive-moral development observations reminiscent of Lawrence Kohlberg's stage theories. Neo-Confucianism could be described as an education in evolving from preconventional to principled reasoning. Occasional parallels are drawn between process philosophy and Neo-Confucianism as well. -/- There is also a chapter in which Confucian commentaries are provided to actual case studies faced by Albert Ellis and Maxie Maultsby. A Chinese glossary is provided at the end of the introduction. There are five figures in the text, two of which are summarizing models in the conclusion. -/- . (shrink)

"...T S Eliot was unimpressed by Freud. Eliot preferred the more approachable Roger Vittoz. It was only Scofield Thayer, who in his prolonged therapy with Sigmund Freud can be said to have brought anything Freudian in the classically psychoanalytic sense to Modernism." This is from the review. The review of the book is contrarian as the book under review is. The salient points of the book are interrogated in this review.

Review of the book by mathematician and science writer Amir Aczel, Why Science does not Disprove God, recently reissued in paperback, with a focus on the chapters on mathematics and God, and criticisms from the standpoint of the epistemology of the science and religion dialogue.

The PDF uploaded is ENTIRELY different from the two links provided. Please download the PDF and then read the given links. This has NOTHING to do with philosophy or literature. This is being put up here in the memories of Bro. Cal Whiting cfc and Fr. Larry Abello SJ. This is more of a record for those interested. The full names of the Christian Brother from Australia is Br Robert Cataldus Whiting who is also mentioned among notable Christian Brothers in (...) the Christian Brothers' Wikipedia page. Further, Fr. Abello's full name was Fr. Lawrence Abello Ph.D. I have written about both of them in Indian Catholic Matters. This has been published in The Herald. The links added are to Indian Catholic Matters. The PDF uploaded is entirely different. -/- Then read the first link on the Church's position on the indissolubility of marriage. (shrink)

The revolutionary outbreak in a variety of civilizations centered around 600 B.C.E., a period in which the great world religions as well as philosophy emerged, from Hebrew scriptures and the teachings of Buddha to the works of Greek and Chinese philosophers, has been named the Axial Age by Karl Jaspers. Yet 75 years earlier, in 1873, unknown to Jaspers and still unknown to the world, John Stuart Stuart-Glennie elaborated a fully developed and more nuanced theory of what he termed The (...) Moral Revolution to characterize the period. This book also brings to light the previously undiscussed ideas of D. H. Lawrence on the phenomenon from 20 years before Jaspers, the seldom mentioned contributions of Lewis Mumford, and proposes a new context for understanding the phenomenon. Halton rewrites the history of this fascinating theory and opens new ways of conceiving the meaning of The Moral Revolution for today. (shrink)

Thus far most of the scholarship on the axial age has followed Karl Jaspers’ denial that nature could be a significant source and continuing influence in the historical development of human consciousness. Yet more than a half century before Jaspers, the originator of the first nuanced theory of what Jaspers termed the axial age, John Stuart-Glennie, mapped out a contrasting philosophy of history that allowed a central role to nature in historical human development. This essay concerns issues related to my (...) book, From the Axial Age to the Moral Revolution, and begins with a discussion of how I came to uncover the forgotten work of John Stuart-Glennie. Although Jaspers and Stuart-Glennie each drew similar conclusions regarding many of the facts of the moral revolution respectively the Axial Age, there are significant differences in their philosophies of history, concerning, for example the problem, whether history can be regarded deterministically or as an open whole, and whether nature can be a source of profound spiritual significance and even transcendence or whether that realm is limited to historical consciousness. I also briefly discuss two other overlooked contributors, namely D. H. Lawrence, who wrote on the phenomena twenty years before Jaspers, and Lewis Mumford, who is one of the first writers to draw from Jaspers' work. I then respond to four diverse scholarly essays on my book, delineating in the process my own philosophy of history as a progress in precision, paradoxically counteracted by a regressive contraction of mind. (shrink)

In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions and institutions (...) of learning rationally devoted to helping us learn how to make progress towards a wiser, more civilized world. On our fragile earth, overcrowded, fraught with injustice, inequality and conflict, menaced by unprecedented and terrifying technological and industrial means for change and destruction, we urgently need to acquire a little more wisdom and civilization if we are to avoid repeating horrors of the kind suffered by so many during the 20th century (and already suffered by many in the first few years of the 21st century). We can ill afford to have in our hands instruments of learning botched and bungled from the standpoint of helping us learn how to live more wisely. It may seem scarcely credible that something as important as our institutions of learning can suffer from wholesale, structural defects. Why has this not been noticed before? Why have not armies of scientists and scholars appreciated the point and, long ago, put the matter right? The answer will emerge as my argument unfolds. I will show that one of the most damaging features of rationalistic neurosis is that it has built-in methodological and institutional mechanisms which effectively conceal that anything is wrong. But there is also an immediately obvious reason: specialization, and the resulting fragmentation of academia, has resulted in a situation in which hardly anyone takes responsibility for the overall ideals, the overall aims and methods, of academic inquiry. Academics, these days, are specialists, furiously trying to keep abreast of developments in their own specialist fields. They have no time, and no inducement, to lift their eyes from their particular disciplines, and look at the whole endeavour. Science has long been under attack, at least since the Romantic movement. Blake objected to “Single vision & Newton’s sleep” and declared that “Art is the Tree of Life... Science is the Tree of Death”. Keats lamented that science will “clip an Angel’s wings” and “unweave a rainbow”. Whereas the Enlightenment had valued science and reason as tools for the liberation of humanity, Romanticism found science and reason oppressive and destructive, and instead valued art, imagination, inspiration, individual genius, emotional and motivational honesty rather than careful attention to objective fact. Much subsequent opposition to science stems from, or echoes, the Romantic opposition of Blake, Wordsworth, Keats and many others. There is the movement Isaiah Berlin has described as the “Counter-Enlightenment” (Berlin, 1979, ch. 1). There is existentialism, with its denunciation of the tyranny of reason, its passionate affirmation of the value and centrality of irrationality in human life, from Dostoevsky, Kierkegaard and Nietzsche to Heidegger and Sartre (see, for example, Barrett, 1962). There is the attack on Enlightenment ideals concerning science and reason undertaken by the Frankfurt school, by postmodernists and others, from Horkheimer and Adorno to Lyotard, Foucault, Habermas, Derrida, MacIntyre and Rorty (see Gascardi, 1999). The soul-destroying consequences of valuing science and reason too highly is a persistent theme in literature: it is to be found in the works of writers such as D.H. Lawrence, Doris Lessing, Max Frisch, Y. Zamyatin. There is persistent opposition to modern science and technology, and to scientific rationality, often associated with the Romantic wing of the green movement, and given expression in such popular books as Marcuse’s One Dimensional Man, Roszak’s Where the Wasteland Ends, Berman’s The Reenchantment of the World and Appleyard’s Understanding the Present. There is the feminist critique of science and conceptions of science: see, for example, Fox Keller (1984) and Harding (1986). And there are the corrosive implications of the so-called “strong programme” in the sociology of knowledge, and of the work of social constructivist historians of science, which depict scientific knowledge as a belief system alongside many other such conflicting systems, having no more right to claim to constitute knowledge of the truth than these rivals, the scientific view of the world being no more than an elaborate myth, a social construct (see Barnes and Bloor, 1981; Bloor, 1991; Barnes, Bloor and Henry, 1996; Shapin and Schaffer, 1985; Shapin, 1994; Pickering, 1984; Latour, 1987). This latter literature has provoked a counter-attack by scientists, historians and philosophers of science seeking to defend science and traditional conceptions of scientific rationality: see Gross and Levitt (1994), Gross, Levitt and Lewis (1996), and Koertge (1998). This debate between critics and defenders of science came abruptly to public attention with the publication of Alan Sokal’s brilliant hoax article ‘Transgressing the boundaries’ in a special issue of the cultural studies journal Social Text in 1996 entitled Science Wars: see Sokal and Bricmont (1998). What does this book have to contribute, given the above avalanche of criticism of science? The criticisms of science developed in this book are diametrically opposed to the above, in so far as the above criticisms oppose scientific rationality, seek to diminish or restrict its influence, or hold that it is unattainable. My central point is that we suffer, not from too much scientific rationality, but from not enough. What is generally taken to constitute scientific rationality is actually nothing of the kind. It is rationalistic neurosis, a characteristic, influential and damaging kind of irrationality masquerading as rationality. Science is damaged by being trapped within a widely upheld but severely defective philosophy of science; free science from this defective philosophy, provide it with a more intellectually rigorous philosophy, and it will flourish in both intellectual and humanitarian terms. And more generally, as we shall see, academic inquiry as a whole is damaged by being trapped within an intellectually defective philosophy of inquiry; free it from this defective philosophy, from its rationalistic neurosis, and it will flourish in intellectual and human terms. It is not reason that is damaging, but defective pretensions to reason — rationalistic neurosis —masquerading as reason. Thus what I seek to do here is the exact opposite of what all those who oppose science and scientific rationality do. I shall argue that Reason, the authentic article, arrived at by generalizing the progress-achieving methods of science, can have profoundly liberating and enriching consequences for all worthwhile, problematic aspects of life, and thus deserves to enter into every aspect of life. The bare bones of the argument of this book can be stated quite simply like this. Science cannot proceed without making the substantial metaphysical assumption that the universe is physically comprehensible (to some extent at least). But this conflicts with the orthodox view that in science everything is assessed impartially with respect to evidence, nothing being permanently assumed independently of evidence. So the metaphysical assumption of comprehensibility is repressed. Science pretends that no such assumption is made. But this damages science. For the assumption is substantial, influential and highly problematic. It needs to be made explicit within science so that it can be critically scrutinized, so that alternatives can be developed and considered. Pretending the assumption is not being made undermines the intellectual rigour of science, its intellectual value and success. And it does not stop there. For science also makes value assumptions. Quite properly, science is concerned to discover that which is of value. New factual knowledge devoid of all value (whether intellectual or practical) does not contribute to science. But the orthodox view of science holds that values have no place within science. As in the case of metaphysics, here too, science pretends that values have no role to play within the intellectual domain of science. And this damages science. For values are, if anything, even more influential and problematic than metaphysics (in influencing the direction of research). Here too, values need to be made explicit within science so that they can be scrutinized, so that alternatives can be developed and assessed. Pretending that values play no role within the intellectual domain damages science; both the intellectual and the practical aspects of science are adversely affected. Science fails to pursue those avenues of research that lie in the best interests of humanity. And it goes further. Science is pursued in a social, cultural, economic and political context. It is a part of various social, economic and political projects which seek to achieve diverse human objectives. But the idea that science is an integral part of humanitarian or political enterprises with political ends clashes, once again, with the official view of science that the aim of science is to improve factual knowledge. The political objectives of science are repressed. And, once again, this damages science. For, of course, the political objectives of science, like all our political objectives, are profoundly problematic. These need to be made explicit so that they can be scrutinized, so that alternatives can be developed and considered. The pretence that science does not have this political dimension once again undermines the intellectual rigour of science, and its human value. It lays science open to becoming a part of economic, corporate and political enterprises that are not in the best interests of humanity. The upshot of the line of argument just indicated is that we need to bring about a revolution in the aims and methods of science, and of academic inquiry more generally. Natural science needs to change; its relationship with the rest of academic inquiry, with social inquiry and the humanities, needs to change; and most importantly and dramatically, academic inquiry as a whole needs to change. The basic task of the academic enterprise needs to become to help humanity learn how to tackle its problems of living in more cooperatively rational ways than at present. We need to put the intellectual tasks of articulating our problems of living, and proposing and critically assessing possible solutions, possible and actual actions, at the heart of academic inquiry. The basic task needs to be to help humanity learn a bit more wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Natural science, despite its flaws, has massively increased our knowledge and technological know-how. This in turn has led to a massive and sometimes terrifying increase in our power to act. Often this unprecedented power to act is used for human good, as in medicine or agriculture. But it is also used to cause harm, whether unintentionally (initially at least) as when industrialization and modern agriculture lead to global warming, destruction of natural habitats and rapid extinction of species, or intentionally, as when the technology of war is used by governments and terrorists to maim and kill. Before the advent of modern science, when we lacked the means to do too much damage to ourselves and the planet, lack of wisdom did not matter too much. Now, with our unprecedented powers to act, bequeathed to us by science, lack of wisdom has become a menace. This is the crisis behind all the other current global crises: science without wisdom. In these circumstances, to continue to pursue knowledge and technological know-how dissociated from a more fundamental quest for wisdom can only deepen the crisis. As a matter of urgency, we need to free science and academia of their neuroses; we need to bring about a revolution in the academic enterprise so that the basic aim becomes to promote wisdom by intellectual and educational means. At present science and the humanities betray both reason and humanity. The argument of this book, which I have just summarized, begins with a discussion of the philosophical and methodological problems that beset theoretical physics. At once, many of those who are concerned about moral, political and environmental issues that plague our world today, will feel impatient. What have the methodological problems of theoretical physics to do with third world poverty, war and the threat of war, pollution, extinction of species, the menace of conventional, chemical, biological and nuclear armaments? I can only plead with such a reader: patience. The root cause of the sickness of our times does indeed lie, I claim, with a methodological sickness of natural science or, even more specifically, of physical science. What makes the modern world so utterly different from all previous ages is our possession of modern science and technology. This is the instrument that has changed the conditions of human life almost beyond all recognition, and put unprecedented, and sometimes terrifying, powers into our hands. One should not dismiss out of hand the suggestion that a part of our problem may lie with this instrument, this engine, of rapid change. We see, here, too, the way in which intellectual specialization, referred to above, has effectively concealed from view the nature and extent of the problem that confronts us. The argument that I shall develop in what follows begins with physics, with problems concerning the aims and methods of physics. But it then leaps to social science, to philosophy, to the humanities, to education, to psychotherapy, and to politics: in the end there is scarcely an aspect of modern life that is not touched and, potentially, affected by the argument. How many academic experts are prepared to follow, to take seriously, an argument that ranges so recklessly across such a wide range of academic disciplines? How many non-academic non-experts? But just this is what the argument and message of this book requires. I hope that the reader will endure with patience the somewhat esoteric discussion concerning the aims and methods of physics pursued in chapter one. This may not seem to have anything much to do with the urgent problems of our times, but it does. This is in part how the intellectual disaster I seek to expose in this book conceals itself from view: it buries itself in the obscure, recondite field of the philosophy of physics. Those who devote their lives to the philosophy of physics are, by and large, too myopic to see how their specialized field of study has anything to do with the great and dreadful humanitarian problems and disasters of our age; and those who are above all concerned with these humanitarian disasters have no time at all for abstruse issues concerning the aims and methods of physics. And so the connection is never made. As it happens, the methodological neurosis of physics, with which we begin in chapter one, is actually a quite simple matter to grasp. It does not require any real knowledge of physics to understand. Indeed, physicists and philosophers of physics are much more likely to find the argument difficult to follow than are non-experts. We non-scientists can stand back and see the whole wood; scientists, trained to think in terms of the current orthodox conception of science, trapped in the thickets of research, will find this much harder to do. In an attempt to take this peculiar circumstance into account, I have arranged the exposition as follows. In chapter one I give a simple exposition of the case for declaring natural science to suffer from what I call "rationalistic neurosis"; this avoids all technicalities, and goes straight to the heart of the matter. In the appendix I tackle a host of more technical objections that may be made to the elementary argument of chapter one. So, those experts in the fields of the philosophy of physics and philosophy of science who find the argument of chapter one naïve and unconvincing, should consult the appendix before tossing the book away in disgust. I write in the hope that there will be a few who will not dismiss out of hand the suggestion that the question of how we are to go about learning how to live in wiser and more civilized ways might have something to learn from scientific learning, and will take the trouble to pursue the line of argument traced out in this book. I write in the hope that these few will grasp just how desperate our situation is, how urgent the need to change the status quo, and will do everything in their power to alert others to the need to heal the methodological sickness from which our institutions and traditions of learning at present suffer. To begin with, we need a campaigning organization, modelled perhaps on "Friends of the Earth", which might be called something like "Friends of Wisdom". (shrink)

contents -/- ONT vol 1 i. short review: Beyond the Black Rainbow ii. as you die, hold one thought iii. short review: LA JETÉE -/- ONT vol 2 i. maya means ii. short review: SANS SOLEIL iii. vocab iv. eros has an underside v. short review: In the Mood for Love -/- ONT vol 3 i. weed weakens / compels me ii. an Ender's Game after-party iii. playroom is a realm of the dead iv. a precise german History v. short (...) review: STATUES ALSO DIE vi. Kenneth Clark, curator for Fascism vii. a protest poem, in industry lit viii. Lawrence and the English Romance -/- ONT vol 4 i. short review: The Eyes of Tammy Faye ii. vR is efficient R iii. all thru Asia, robes for monks iv. same of God, and of the one God sent v. i thought of the Messiah / muse would be vi. conscience is strong vii. a monk's exalted end -/- ONT vol 5 -/- i. for Shakespeare's Richard the Third ii. the truth is i pass over so many words iii. the boori nazar / nadhar iv. i've awe for jihaad v. short review: Hail, Caesar! vi. a minute of Nothing, gone from YouTube vii. we were rivalrous friends, again viii. my bardo pdf ix. within i'm a weak old mandarin -/- ONT vol 6 i. short review: The Intern ii. the confusion of Chinatown iii. we'll remember water, in Theology iv. Respironics versus ResMed v. i'd bet my life for what vi. the Mad Max deity vii. they'd kill my rat, not heal him -/- ONT vol 7 i. Austen would eroticize all life ii. Merchant/Ivory, a name oddly right iii. Ellie Arroway / Agent Starling iv. abattoir / l’abattoir / laboratoire v. von Neumann's brain an anomaly vi. was terrified of death, delighted in the a-bomb vii. the Greatest Brain is variously named -/- ONT vol 8 i. the day they shot the sacrifice ii. Yay or Nay, on Animal Testing iii. an ought is an is / an is is an ought iv. Behaviorism is for zombies v. a finding from the neuro-lab, on empathy vi. i’ve never had discernible abs vii. a cowardice i'm assenting to perpetually -/- ONT vol 9 i. Day of the Locust / Triffids ii. we're wide on a Paramount soundstage iii. HOLLYWOOD, an ecologic history iv. yet one more site of end-time art v. he's "a bookworm with bulging lobes" vi. apartment is my state of being apart vii. enlightenment means a weight's release -/- ONT lates and xtras i. re Gödel's ontological argument ii. deep in pi's numeric noise iii. from Nothing, something iv. endless in the wrong direction, tragic v. they give you all Eternity to answer vi. what of God's mercy? vii. informed consent and prayer viii. i won't live on. a deed i've done may ix. my selective memory x. Janus means: in close-up foam, two faces xi. a liveable world is a readable world xii. what Supervenes from this? xiii. at each extreme our naming is anachronism xiv. Cat is a collapsing of the wave-function xv. diminishing returns in the history of Experiment xvi. all those undershared Nobels xvii. ice preserves the Cold from heat xviii. a desert spreads xix. Pinker's wit, on jokes xx. Rome surrounds St. Paul / Paul is now the center xxi. each is a gathering Ministry xxii. white boy shot execution-style xxiii. the McDonald's Statement of Claim xxiv. first & last: Don Quixote / Ulysses xxv. The Summer of Rave xxvi. this electro is intrinsically anonymous xxvii. all thru Asia, Drake-Rihanna xxviii. WHO IS BETTER: PLATON OR KANT? (shrink)

The rise and legacy of world religions out of that period centered roughly around 500-600 BCE, what John Stuart-Glennie termed in 1873 the moral revolution, and Karl Jaspers later, in 1949, called the axial age, has been marked by heightened ideas of transcendence. Yet ironically, the world itself, in the literal sense of the actual earth, took on a diminished role as a central element of religious sensibility in the world religions, particularly in the Abrahamic religions. Given the issue today (...) of ecological unsustainability, including massive die-offs of wildlife and ever-increasing global human population and consumption, the legacy of those world religions face the question I consider here: Can religion transcend the earth in the long run? With the Axial Age/Moral Revolution, comes the possibility of transcendence of the world per se. The moral revolution/Axial Age represented significant changes in civilization, to be sure, but it can also be taken, as I do, as a second phase in the radical shift to anthropocentric mind already begun with the advent of agriculturally based civilization. The axial ideal of transcendence connects to a larger ideal, manifest not only in the legacies of the world religions but in contemporary science and technology, of a philosophy of escape from the earth. I show how ideas of axial transcendence, celebrated by scholars such as Jaspers and Bellah, nevertheless involve an unacknowledged tragic cost, the forgetting of the earth and its lessons and limits as central to what I have termed elsewhere, “sustainable wisdom.” . (shrink)

When evidence-based policymaking is so often mired in disagreement and controversy, how can we know if the process is meeting its stated goals? We develop a novel mathematical model to study disagreements about adequate knowledge utilization, like those regarding wild horse culling, shark drumlines and facemask policies during pandemics. We find that, when stakeholders disagree, it is frequently impossible to tell whether any party is at fault. We demonstrate the need for a distinctive kind of transparency in evidence-based policymaking, which (...) we call transparency of reasoning. Such transparency is critical to the success of the evidence-based policy movement, as without it, we will be unable to tell whether in any instance a policy was in fact based on evidence. (shrink)

Teachers encountered numerous challenges posed by the COVID-19 outbreak. Herewith, this study aimed to determine the challenges encountered by Filipino teachers in the new normal and their coping mechanisms. This study employed a qualitative inquiry to determine the challenges encountered and coping mechanisms employed by teachers amid modular instruction, involving 10 teachers from five secondary schools in the Philippines who participated voluntarily. Data were gathered through a written narrative from each participant and were analyzed thematically. Themed findings showed that these (...) teachers are greatly challenged in terms of learning quality transfer, module distribution and retrieval, students’ difficulties in following instruction, power disruption, internet connection, and health risks posed by the pandemic. Nevertheless, these teachers dealt with these difficulties by employing their own coping techniques. Teaching can be challenging and frustrating, especially in these difficult times, but as these teachers demonstrated, everything is possible. Hence, educators must be ready for any situation that may arise. This situation is unlikely to get better anytime soon; instead, teachers will need to adjust to and accept this reality. (shrink)

Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...) Hitchcock and Knobe (2009). A different view--the basis of the culpable control model of blame (CCM)--is that primary causal status is accorded to behaviors that arouse negative evaluative reactions, including behaviors that stem from nefarious motives, negligence or recklessness, a faulty character, or behaviors that lead to harmful or potentially harmful consequences. This paper describes four empirical studies that show consistent support for the CCM. (shrink)

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

A summary of Schopenhauer's reception in British philosophy, culture, literature, and scholarship.

One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...) se face significant independent moral objections. Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of relevant social conditions—and that these methods are both morally justifiable and sufficient for good social policy. The position I defend is similar to Derk Pereboom’s, taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model within a broader justificatory framework drawn from public health ethics. The resulting model—which I call the public health -quarantine model—provides a framework for justifying quarantine and criminal sanctions that is more humane than retributivism and preferable to other non-retributive alternatives. It also provides a broader approach to criminal behavior than Pereboom’s quarantine analogy does on its own. (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Frege says, at the end of a discussion of formalism in the Foundations of Arithmetic, that his own foundational program “could be called formal” but is “completely different” from the view he has just criticized. This essay examines Frege’s relationship to Hermann Hankel, his main formalist interlocutor in the Foundations, in order to make sense of these claims. The investigation reveals a surprising result: Frege’s foundational program actually has quite a lot in common with Hankel’s. This undercuts Frege’s claim that (...) his own view is completely different from Hankel’s formalism, and motivates a closer examination of where the differences lie. On the interpretation offered here, Frege shares important parts of the formalist perspective, but differs in recognizing a kind of content for arithmetical terms which can only be made available via proof from prior postulates. (shrink)

Kyle Stanford has recently claimed to offer a new challenge to scientific realism. Taking his inspiration from the familiar Pessimistic Induction (PI), Stanford proposes a New Induction (NI). Contra Anjan Chakravartty’s suggestion that the NI is a ‘red herring’, I argue that it reveals something deep and important about science. The Problem of Unconceived Alternatives, which lies at the heart of the NI, yields a richer anti-realism than the PI. It explains why science falls short when it falls short, and (...) so it might figure in the most coherent account of scientific practice. However, this best account will be antirealist in some respects and about some theories. It will not be a sweeping antirealism about all or most of science. (shrink)

Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".

When we ask what natural kinds are, there are two different things we might have in mind. The first, which I’ll call the taxonomy question, is what distinguishes a category which is a natural kind from an arbitrary class. The second, which I’ll call the ontology question, is what manner of stuff there is that realizes the category. Many philosophers have systematically conflated the two questions. The confusion is exhibited both by essentialists and by philosophers who pose their accounts in (...) terms of similarity. It also leads to misreading philosophers who do make the distinction. Distinguishing the questions allows for a more subtle understanding of both natural kinds and their underlying metaphysics. (shrink)

The study assessed the conceptual understanding and attitude toward fractions of teacher education students in a socio-constructivist learning environment. Specifically, it determined the students’ level of conceptual understanding before and after instruction; verified the types of conceptual changes that occurred; and ascertained the attitude of students toward fractions before and after instruction and its relationship to their levels of understanding. Descriptive-correlational research method was used. Socio-constructivist context-based teaching method was employed to introduce the concept of fractions. Achievement tests and interviews (...) were administered to determine the students’ level of conceptual understanding. Conceptual analysis based on Jensen and Finley’s (1995) method with Tiberghien’s (1994) classification of changes was utilized to describe students’ conceptual understanding and conceptual changes. In order to determine their attitude on fractions, students were asked to answer the socio-constructivist attitude questionnaire. The level of conceptual understanding of teacher education students in fraction was functional misconception and partial understanding before and after instruction, respectively. The type of conceptual change that occurred among teacher education students was change for the better. Socio-constructivist learning more likely to improve students’ attitudes toward fractions; promoted prosocial behavior among students; and tend to increase students’ activeness in the classroom activities as evidenced. (shrink)

Context: The majority of contemporary enactivist work is influenced by the philosophical biology of Hans Jonas. Jonas credits all living organisms with experience that involves particular “existential” structures: nascent forms of concern for self-preservation and desire for objects and outcomes that promote well-being. We argue that Jonas’s attitude towards living systems involves a problematic anthropomorphism that threatens to place enactivism at odds with cognitive science, and undermine its legitimate aims to become a new paradigm for scientific investigation and understanding of (...) the mind. Problem: Enactivism needs to address the tension between its Jonasian influences and its aspirations to become a new paradigm for cognitive science. By relying on Jonasian phenomenology, contemporary enactivism obscures alternative ways in which phenomenology can be more smoothly integrated with cognitive science. Method: We outline the historical relationship between enactivism and phenomenology, and explain why anthropomorphism is problematic for a research program that aspires to become a new paradigm for cognitive science. We examine the roots of Jonas’s existential interpretation of biological facts, and describe how and why Jonas himself understood his project as founded on an anthropomorphic assumption that is incompatible with a crucial methodological assumption of scientific enquiry: the prohibition of unexplained natural purposes. We describe the way in which phenomenology can be integrated into Maturana’s autopoietic theory, and use this as an example of how an alternative, non-anthropomorphic science of the biological roots of cognition might proceed. Results: Our analysis reveals a crucial tension between Jonas’s influence on enactivism and enactivism’s paradigmatic aspirations. This suggests the possibility of, and need to investigate, other ways of integrating phenomenology with cognitive science that do not succumb to this tension. Implications: In light of this, enactivists should either eliminate the Jonasian inference from properties of our human experience to properties of the experience of all living organisms, or articulate an alternative conception of scientific enquiry that can tolerate the anthropomorphism this inference entails. The Maturanian view we present in the article’s final section constitutes a possible framework within which enactivist tools and concepts can be used to understand cognition and phenomenology, and that does not involve a problematic anthropomorphism. Constructivist content: Any constructivist approach that aims for integration with current scientific practice must either avoid the type of anthropomorphic inference on which Jonas bases his work, or specify a new conception of scientific enquiry that renders anthropomorphism unproblematic. (shrink)

This paper explores the theoretical compatibility of substance dualism with a physicalist framework, challenging the notion that physicalism inherently precludes dualism. Acknowledging foundational physicalist principles like reductionism, weakly-emergent consciousness, conservation laws, and the limited impact of quantum indeterminacy, we challenge the conclusion that the universe is thus causally closed. Instead, we propose a speculative model where an extra-physical entity (akin to a “soul”) might intentionally influence quantum outcomes, and examine it as a possible mechanism for libertarian free will. We consider (...) the “amplification problem” faced by the approach: the challenge of scaling subtle quantum influences, typically inconsequential, to a level that significantly impacts processes associated with human free will. Bob Doyle's Cogito model provides a solution, wherein quantum-level events can be linked to conscious human choices. Our paper does not seek to demonstrate that such a dualist model is probable, only that it is possible to construct a plausible dualist model within established scientific parameters. (shrink)

Mathematical formalism is the the view that numbers are "signs" and that arithmetic is like a game played with such signs. Frege's colleague Thomae defended formalism using an analogy with chess, and Frege's critique of this analogy has had a major influence on discussions in analytic philosophy about signs, rules, meaning, and mathematics. Here I offer a new interpretation of formalism as defended by Thomae and his predecessors, paying close attention to the mathematical details and historical context. I argue that (...) for Thomae, the formal standpoint is an _algebraic perspective_ on a domain of objects, and a "sign" is not a linguistic expression or mark, but a representation of an object within that perspective. Thomae exploits a shift into this perspective to give a purely algebraic construction of the real numbers from the rational numbers. I suggest that Thomae's chess analogy is intended to provide a model for such shifts in perspective. (shrink)

Now it is plain that such consequences as these conflict sharply with common-sense notions of morality. If we had been obliged to accept Psychological Egoism, in any of its narrower forms, on its merits, we should have had to say: 'So much the worse for the common-sense notions of morality!' But, if I am right, the morality of common sense, with all its difficulties and incoherences, is immune at least to attacks from the basis of Psychological Egoism.

Mathematics is considered one of the most challenging courses for many elementary pre-service teachers (EPTs). In hopes for improvement, teacher educators have been incorporating a jigsaw strategy to equip future teachers with the necessary competencies. Hence, the study aimed to determine the effectiveness of the jigsaw strategy with EPTs’ level of mathematics achievement and interest in an online cooperative learning environment. The research utilized a pre-experimental design with 40 participants. The researchers used pretest and posttest questions covering fraction operations and (...) a mathematics interest questionnaire before and after the intervention. With the implementation of the jigsaw strategy, results showed that the EPTs’ mathematics achievement improved while their interest in mathematics improved to some extent. Likewise, a significant difference between the pre-and post-intervention concerning the EPTs’ mathematics achievement and interest in mathematics was found. Furthermore, correlation analysis revealed that study time is negatively related to mathematics achievement, as is the overall level of interest in mathematics. These findings imply that a jigsaw strategy is a useful tool in teaching mathematics online. However, several modifications may be considered to recognize that the EPTs’ interest in mathematics varies from one person to another. Teacher education institutions are encouraged to apply this strategy not only for EPTs to increase their mathematical know-hows but also to serve as an example for them to employ in their future teaching careers. (shrink)

In attempting to form rational personal probabilities by direct inference, it is usually assumed that one should prefer frequency information concerning more specific reference classes. While the preceding assumption is intuitively plausible, little energy has been expended in explaining why it should be accepted. In the present article, I address this omission by showing that, among the principled policies that may be used in setting one’s personal probabilities, the policy of making direct inferences with a preference for frequency information for (...) more specific reference classes yields personal probabilities whose accuracy is optimal, according to all proper scoring rules, in situations where all of the relevant frequency information is point-valued. Assuming that frequency information for narrower reference classes is preferred, when the relevant frequency statements are point-valued, a dilemma arises when choosing whether to make a direct inference based upon relatively precise-valued frequency information for a broad reference class, R, or upon relatively imprecise-valued frequency information for a more specific reference class, R*. I address such cases, by showing that it is often possible to make a precise-valued frequency judgment regarding R* based on precise-valued frequency information for R, using standard principles of direct inference. Having made such a frequency judgment, the dilemma of choosing between and is removed, and one may proceed by using the precise-valued frequency estimate for the more specific reference class as a premise for direct inference. (shrink)

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows that X is identical to Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that is (...) a serious harm for an innocent person, (2) one may not intend to terminate pregnancy before viability, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (shrink)

The study determined the problem-solving performance and skills of prospective elementary teachers (PETs) in the Northern Philippines. Specifically, it defined the PETs’ level of problem-solving performance in number sense, measurement, geometry, algebra, and probability; significant predictors of their problem-solving performance in terms of sex, socio-economic status, parents’ educational attainment, high school graduated from and subject preference; and their problem-solving skills. The PETs’ problem-solving performance was determined by a problem set consisting of word problems with number sense, measurement, geometry, algebra, and (...) probability. A mixed-method research design was employed. Senior PETs purposively served as a sample where they mostly preferred to teach other subjects than mathematics. PETs who preferred math performed satisfactorily, while prospective teachers who opted for other subjects performed unsatisfactorily. The PETs’ unsatisfactory output indicates the need for remediation to advance the mathematical material skills and enrich the problem-solving abilities of these primary schools' potential teachers. Besides, results showed that subject preference strongly affected and predicted the problem-solving success of the PETs. PETs who preferred to teach mathematics performed significantly better than their counterparts; hence, mathematics as a field of specialization in the Bachelor of Elementary Education program may be considered by teacher education institutions. Further, most PETs displayed lack of problem-solving skills; thus, a Problem-Solving course is recommended for them. (shrink)

The underdetermination of theory by evidence is supposed to be a reason to rethink science. It is not. Many authors claim that underdetermination has momentous consequences for the status of scientific claims, but such claims are hidden in an umbra of obscurity and a penumbra of equivocation. So many various phenomena pass for `underdetermination' that it's tempting to think that it is no unified phenomenon at all, so I begin by providing a framework within which all these worries can be (...) seen as species of one genus: A claim of underdetermination involves (at least implicitly) a set of rival theories, a standard of responsible judgment, and a scope of circumstances in which responsible choice between the rivals is impossible. Within this framework, I show that one variety of underdetermination motivated modern scepticism and thus is a familiar problem at the heart of epistemology. I survey arguments that infer from underdetermination to some reëvaluation of science: top-down arguments infer a priori from the ubiquity of underdetermination to some conclusion about science; bottom-up arguments infer from specific instances of underdetermination, to the claim that underdetermination is widespread, and then to some conclusion about science. The top-down arguments either fail to deliver underdetermination of any great significance or (as with modern scepticism) deliver some well-worn epistemic concern. The bottom-up arguments must rely on cases. I consider several promising cases and find them to either be so specialized that they cannot underwrite conclusions about science in general or not be underdetermined at all. Neither top-down nor bottom-up arguments can motivate any deep reconsideration of science. (shrink)

Standard Analytic Epistemology (SAE) names a contingently clustered class of methods and theses that have dominated English-speaking epistemology for about the past half-century. The major contemporary theories of SAE include versions of foundationalism, coherentism, reliabilism, and contextualism. While proponents of SAE don’t agree about how to define naturalized epistemology, most agree that a thoroughgoing naturalism in epistemology can’t work. For the purposes of this paper, we will suppose that a naturalistic theory of epistemology takes as its core, as its starting-point, (...) an empirical theory. The standard argument against naturalistic approaches to epistemology is that empirical theories are essentially descriptive, while epistemology is essentially prescriptive, and a descriptive theory cannot yield normative, evaluative prescriptions. In short, naturalistic theories cannot overcome the is-ought divide. Our main goal in this paper is to show that the standard argument against naturalized epistemology has it almost exactly backwards. (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

What makes some acts morally right and others morally wrong? Traditionally, philosophers have thought that in order to answer this question we must find and formulate exceptionless moral principles—principles that capture all and only morally right actions. Utilitarianism and Kantianism are paradigmatic examples of such attempts. In recent years, however, there has been a growing interest in a novel approach—Particularism—although its precise content is still a matter of controversy. In this paper I develop and motivate a new formulation of particularism (...) as a research program and I show that my formulation is not vulnerable to the most common objections to particularism. Moreover, I argue that the particularist research program shows enough promise to warrant further exploration. (shrink)

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

Monists, pluralists, and particularists disagree about the structure of the best explanation of the rightness (wrongness) of actions. In this paper I argue that the availability of good moral advice gives us reason to prefer particularist theories and pluralist theories to monist theories. First, I identify two distinct roles of moral theorizing—explaining the rightness (wrongness) of actions, and providing moral advice—and I explain how these two roles are related. Next, I explain what monists, pluralists, and particularists disagree about. Finally, I (...) argue that particularists and pluralists are better situated than monists to explain why it is a good idea to think before we act, and that this gives us reason to favor particularism and pluralism over monism. (shrink)

Stereotypes are false or misleading generalizations about groups, generally widely shared in a society, and held in a manner resistant, but not totally, to counterevidence. Stereotypes shape the stereotyper’s perception of stereotyped groups, seeing the stereotypic characteristics when they are not present, and generally homogenizing the group. The association between the group and the given characteristic involved in a stereotype often involves a cognitive investment weaker than that of belief. The cognitive distortions involved in stereotyping lead to various forms of (...) moral distortion, to which moral philosophers have paid insufficient attention. Some of these are common to all stereotypes—failing to see members of the stereotyped groups as individuals, moral distancing, failing to see subgroup diversity within the group. Other moral distortions vary with the stereotype. Some attribute a much more damaging or stigmatizing characteristic (e.g. being violent) than others (e.g. being good at basketball). But the characteristic in question must also be viewed in its wider historical and social context to appreciate its overall negative and positive dimensions. (shrink)

Authenticates approximately 500 lines of Aristotle's lost work the Protrepticus (Exhortation to Philosophy) contained in the circa third century AD work by Iamblichus of Chalcis entitled Protrepticus epi philosophian. Includes a complete English translation of the authenticated material.

Peter Baumann offers the tantalizing suggestion that Thomas Reid is almost, but not quite, a pragmatist. He motivates this claim by posing a dilemma for common sense philosophy: Will it be dogmatism or scepticism? Baumann claims that Reid points to but does not embrace a pragmatist third way between these unsavory options. If we understand `pragmatism' differently than Baumann does, however, we need not be so equivocal in attributing it to Reid. Reid makes what we could call an argument from (...) practical commitment, and this is plausibly an instance of what William James calls the pragmatic method. (shrink)

Event-causal libertarians maintain that an agent’s settling of whether certain states-of-affairs obtain on a particular occasion can be reduced to the causing of events (e.g., bodily motions, coming to a resolution) by certain mental events or states, such as certain desires, beliefs and/or intentions. Agent-causal libertarians disagree. A common critique against event-causal libertarian accounts is that the agent’s role of settling matters is left unfilled and the agent “disappears” from such accounts—a problem known as the disappearing agent problem. Recently, Franklin (...) (Philos Stud 170:413–432, 2014) has argued that an “enriched” event-causal account can overcome this problem. Franklin, however, doesn’t consider whether, as Pereboom (J Philos 99:499–531, 2015) argues, the agent as decider of “torn decisions” disappears from even enriched accounts. As I show here, Franklin’s enriched account takes some modifying if it is to overcome Pereboom’s torn decision problem—a special case of the disappearing agent problem. However, as I also show, there is a more fundamental problem facing event-causal libertarian accounts. It is implausible that an agent qua event or state simultaneously settles whether and how she intervenes. The upshot is that events and/or states lack an ability essential to completely fulfilling an agent’s role qua settler. This isn’t a problem for agent-causal accounts like the one offered by Steward (A metaphysics for freedom. Oxford University Press, Oxford, 2012) because in as much as an agent qua substance settles whether her body moves in certain ways on certain occasions she simultaneously settles whether and how she intervenes. As a consequence, event-causal libertarians face a dilemma, or rather several, that agent-causal libertarians do not. This may ultimately be explained by the irreducibility of causation by agents to causation by events. (shrink)

What would be the consequence of embracing skepticism about free will and/or desert-based moral responsibility? What if we came to disbelieve in moral responsibility? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some maintain? Or perhaps increase anti-social behavior as some recent studies have suggested (Vohs and Schooler 2008; Baumeister, Masicampo, and DeWall 2009)? Or would it rather (...) have a humanizing effect on our practices and policies, freeing us from the negative effects of what Bruce Waller calls the “moral responsibility system” (2014, p. 4)? These questions are of profound pragmatic importance and should be of interest independent of the metaphysical debate over free will. As public proclamations of skepticism continue to rise, and as the mass media continues to run headlines announcing free will and moral responsibility are illusions, we need to ask what effects this will have on the general public and what the responsibility is of professionals. (shrink)

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...) to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)