Ethics should guide the design of electronic health records (EHR), and recognized principles of bioethics can play an important role. This approach was adopted recently by a team of informaticists designing and testing a system where patients exert granular control over who views their personal health information. While this method of building ethics in from the start of the design process has significant benefits, questions remain about how useful the application of bioethics principles can be in this process, especially when (...) principles conflict. For instance, while the ethical principle of respect for autonomy supports a robust system of granular control, the principles of beneficence and non-maleficence counsel restraint due to the danger of patients being harmed by restrictions on provider access to data. Conflict between principles has long been recognized by ethicists and has even motivated attacks on approaches that state and apply principles. In this paper we show how using ethical principles can help in the design of EHRs by first, explaining how ethical principles can and should be used generally, and then by, discuss how attention to details in specific cases can show that the tension between principles is not as bad as it initially appeared. We conclude by suggesting further ways in which the application of these (and other) principles can add value to the ongoing discussion of patient involvement in their health care. This is a new approach to linking principles to informatics design that we expect will stimulate further interest. (shrink)

Although there is a growing recognition that older adults and those with extensive comorbid conditions undergo cancer screening too frequently, there is little information about patients’ perceptions regarding cessation of cancer screening. Information on older adults’ views of screening cessation would be helpful both for clinicians and for those designing interventions to reduce overscreening.

Most people do not know there are different kinds of medical studies; some are conducted on people who already have a disease or medical condition, and others are performed on healthy volunteers who want to help science find answers. No matter what sort of research you are invited to participate in, or whether you are a patient when you are asked, it’s entirely up to you whether or not to do it. This decision is important and may have many implications (...) for your health and well-being, as well as those of other patients now and in the future. Making a good decision – the right one for you – requires you to become educated about topics you may not have thought about before, some of which may be quite complicated. This chapter explains the key issues to help you make a good decision. (shrink)

Objective: There are benefits and risks of giving patients more granular control of their personal health information in electronic health record (EHR) systems. When designing EHR systems and policies, informaticists and system developers must balance these benefits and risks. Ethical considerations should be an explicit part of this balancing. Our objective was to develop a structured ethics framework to accomplish this. -/- Methods: We reviewed existing literature on the ethical and policy issues, developed an ethics framework called a “Points to (...) Consider” (P2C) document, and convened a national expert panel to review and critique the P2C. -/- Results: We developed the P2C to aid informaticists designing an advanced query tool for an electronic health record (EHR) system in Indianapolis. The P2C consists of six questions (“Points”) that frame important ethical issues, apply accepted principles of bioethics and Fair Information Practices, comment on how questions might be answered, and address implications for patient care. -/- Discussion: The P2C is intended to clarify whatis at stake when designers try to accommodate potentially competing ethical commitments and logistical realities. The P2C was developed to guide informaticists who were designing a query tool in an existing EHR that would permit patient granular control. While consideration of ethical issues is coming to the forefront of medical informatics design and development practices, more reflection is needed to facilitate optimal collaboration between designers and ethicists. This report contributes to that discussion. (shrink)

Some experts have argued that patients should routinely be told the specific magnitude and absolute probability of potential risks and benefits of screening tests. This position is motivated by the idea that framing risk information in ways that are less precise violates the ethical principle of respect for autonomy and its application in informed consent or shared decisionmaking. In this Perspective, we consider a number of problems with this view that have not been adequately addressed. The most important challenges stem (...) from the danger that patients will misunderstand the information or have irrational responses to it. Any initiative in this area should take such factors into account and should consider carefully how to apply the ethical principles of respect for autonomy and beneficence. (shrink)

While several tests and strategies are recommended for colorectal cancer (CRC) screening, studies suggest that primary care providers often recommend colonoscopy without providing information about its risks or alternatives. These observations raise concerns about the quality of informed consent for screening colonoscopy.

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

The aim of this paper is to evaluate the critical success factors and investigate the benefits that might be gained once implementing Electronic Customer Relationship Management at HEI from employee perspective. The study conducted at Al Quds Open University in Palestine and data collected from (300) employee through a questionnaire which consist of four variables. A number of statistical tools were intended for hypotheses testing and data analysis, including Spearman correlation coefficient for Validity, reliability correlation using Cronbach’s alpha, and Frequency (...) and Descriptive analysis. The overall findings of the current study show that all the features were important for staff and it was critical success factors, at the same time, websites were providing all the features discussed by the theory whereas staff showed their willingness to use those features if provided. It is also discovered that implementing Electronic Customer Relationship Management can cause staff retention, were provided efficiently and needed to be improved. Research limitations: The survey findings were based on QOU employee in Palestine, UAE and KSA branches not included in the study. (shrink)

We argue that all comparative expressions in natural language obey a principle that we call Comparability: if x and y are at least as F as themselves, then either x is at least as F as y or y is at least as F as x. This principle has been widely rejected among philosophers, especially by ethicists, and its falsity has been claimed to have important normative implications. We argue that Comparability is needed to explain the goodness of several patterns (...) of inference that seem manifestly valid, that the purported failures of Comparability would have absurd consequences, and that the influential arguments against Comparability are less compelling than they may have initially seemed. (shrink)

Automatic detection of diseases and anatomical landmarks in medical images by the use of computers is important and considered a challenging process that could help medical diagnosis and reduce the cost and time of investigational procedures and refine health care systems all over the world. Recently, gastrointestinal (GI) tract disease diagnosis through endoscopic image classification is an active research area in the biomedical field. Several GI tract disease classification methods based on image processing and machine learning techniques have been proposed (...) by diverse research groups in the recent past. However, yet effective and comprehensive deep ensemble neural network-based classification model with high accuracy classification results is not available in the literature. In this thesis, we review ways and mechanisms to use deep learning techniques to research on multi-disease computer-aided detection about gastrointestinal and identify these images. We re-trained five state-of-the-art neural network architectures, VGG16, ResNet, MobileNet, Inception-v3, and Xception on the Kvasir dataset to classify eight categories that include an anatomical landmark (pylorus, z-line, cecum), a diseased state (esophagitis, ulcerative colitis, polyps), or a medical procedure (dyed lifted polyps, dyed resection margins) in the Gastrointestinal Tract. Our models have showed results with a promising accuracy which is a remarkable performance with respect to the state-of-the-art approaches. The resulting accuracies achieved using VGG, ResNet, MobileNet, Inception-v3, and Xception were 98.3%, 92.3%, 97.6%, 90% and 98.2%, respectively. As it appears, the most accurate result has been achieved when retraining VGG16 and Xception neural networks with accuracy reache to 98% due to its high performance on training on ImageNet dataset and internal structure that support classification problems. (shrink)

Two things become one thing, something having parts, and something becoming something else, are cases of many things being identical with one thing. This apparent contradiction introduces others concerning transitivity of identity, discernibility of identicals, existence, and vague existence. I resolve the contradictions with a theory that identity, number, and existence are relative to standards for counting. What are many on some standard are one and the same on another. The theory gives an account of the discernibility of identicals using (...) phrases like “insofar as”. And it holds that standards for counting remain or shift depending on our purposes. (shrink)

Recent literature on Christian nationalism by sociologists of religion in the United States identifies a perceived novel phenomenon: the fusion of authoritarian governmental forms with Christianity. However, the socio-historical origin of this international trend has been left relatively unexplored. Therefore, the goal of this chapter is to create a single international account that lends itself to future comparative theoretical frameworks and analyses through the term "Christofascism." -/- The chapter can also be accessed on google books at the link included in (...) the description. Finally, order the book on Routledge's website, also linked in the description. (shrink)

Diabetes is a major public health issue that affects the nations of our time to a large extent and is described as a non-communicable epidemic. Diabetes mellitus is a common disease where there is too much sugar (glucose) floating around in your blood. This occurs because either the pancreas can’t produce enough insulin or the cells in body have become resistant to insulin. The concentration in this paper is on diagnosis diabetes by designing a proposed expert system. The main goal (...) of this expert system is to get the appropriate diagnosing of the illness, dealing with it quickly, and tips for permanent treatment whenever possible is given out. SL5 object expert system language was used for designing and implementing the proposed expert system. (shrink)

The aim of this paper is to bring recent work on metaphysical grounding to bear on the phenomenon of social construction. It is argued that grounding can be used to analyze social construction and that the grounding framework is helpful for articulating various claims and commitments of social constructionists, especially about social identities, e.g., gender and race. The paper also responds to a number of objections that have been leveled against the application of grounding to social construction from Elizabeth Barnes, (...) Mari Mikkola, and Jessica Wilson. (shrink)

Book synopsis: Our mental lives are entwined with the world. There are worldly things that we have beliefs about and things in the world we desire to have happen. We find some things fearsome and others likable. The puzzle of intentionality — how it is that our minds make contact with the world — is one of the oldest and most vexed issues facing philosophers. Many contemporary philosophers and cognitive scientists have been attracted to the idea that our minds represent (...) the world. This book explores an important assumption about representation, namely, that when we represent things in the world, we represent them as having properties, and in this way our representations have "propositional" structure. The contributors examine what the commitment to propositionalism amounts to; illuminate why one might find the thesis attractive ; and consider ways in which one might depart from propositionalism. The hope is that this will lead towards a more complete understanding of how the mind and world are connected. (shrink)

I critically examine the semantic view of theories to reveal the following results. First, models in science are not the same as models in mathematics, as holders of the semantic view claim. Second, when several examples of the semantic approach are examined in detail no common thread is found between them, except their close attention to the details of model building in each particular science. These results lead me to propose a deflationary semantic view, which is simply that model construction (...) is an important component of theorizing in science. This deflationary view is consistent with a naturalized approach to the philosophy of science. (shrink)

In this article, I present a two-pronged argument for the immorality of contemporary, asymmetric drone warfare, based on my new interpretations of the just war principles of “proportionality” and “moral equivalence of combatants” (MEC). The justification for these new interpretations is that drone warfare continues to this day, having survived despite arguments against it that are based on traditional interpretations of just war theory (including one from Michael Walzer). On the basis of my argument, I echo Harry Van der Linden’s (...) call for “an international treaty banning all weaponized UAV [uninhabited aerial vehicles].”. (shrink)

Abstract: Artificial Intelligence (AI) has rapidly evolved, offering transformative capabilities for business decision-making. This paper explores how AI can be leveraged to enhance strategic decision-making in business contexts. It examines the integration of AI-driven analytics, predictive modeling, and automation to improve decision accuracy and operational efficiency. By analyzing current applications and case studies, the paper highlights the opportunities AI presents, including enhanced data insights, risk management, and personalized customer experiences. Additionally, it addresses the challenges businesses face in adopting AI, such (...) as data privacy concerns, integration issues, and the need for skilled personnel. The paper concludes with recommendations for effectively implementing AI solutions to maximize their benefits while navigating potential pitfalls. (shrink)

In the present article, I offer a new reading of Hannah Arendt’s The Origins of Totalitarianism, specifically her argument that ideologies such as racism engender totalitarianism when the lonely and disenfranchised laborers of modern society develop a pathological fixation on formal logic, which I term “logomania.” That is, such logical deductions, from horrifically false premises, are the closest thing to thinking that individuals can engage in after their psyches, relationships, and communities have broken down. And it is only thus that (...) totalitarianism can achieve power, since it offers at least some form of connectedness and meaning, regardless how terrifying and violent. The danger persists, clearly, with the resurgence of the far Right, including in the extraordinary regime of Trump in the United States. From this I conclude that, along with the admirable calls to fight loneliness and rebuild our communities, we should also supplement all formal logical instruction and community education with instruction in creative thinking (including aesthetics), thereby discouraging the monomaniac reliance on formal logic as inadvertent weapon of totalitarianism. (shrink)

We defend three controversial claims about preference, credence, and choice. First, all agents (not just rational ones) have complete preferences. Second, all agents (again, not just rational ones) have real-valued credences in every proposition in which they are confident to any degree. Third, there is almost always some unique thing we ought to do, want, or believe.

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

This contribution provides an assessment of the epistemological role of scientific models. The prevalent view that all scientific models are representations of the world is rejected. This view points to a unified way of resolving epistemic issues for scientific models. The emerging consensus in philosophy of science that models have many different epistemic roles in science is presented and defended.

Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena to (...) count as oppression, and I illustrate the account’s value using the example of gender oppression. I then apply the account to fat people, examine empirical evidence, and argue that the suffering of fat people counts as oppression. (shrink)

In 2035 global egg demand will have risen 50% from 1985. Because we are not able to tell in the egg whether it will become a male or female chick, billons of one day-old male chicks will be killed. International research initiatives are underway in this area, and governments encourage the development of an alternative with the goal of eliminating the culling of day-old male chicks. The Netherlands holds an exceptional position in the European egg trade, but is also the (...) only country in the European Union where the downside of the egg sector, the practice of killing day-old male chicks, is a recurrent subject of societal debate. ‘Preventing the killing of young animals’ and ‘in ovo sex determination’ are the two alternative approaches available to solve this problem. It is clear that both approaches solve the problem of killing day-old male chicks, either by keeping them alive or by preventing them from living, but they also raise a lot of new animal welfare-related dilemmas. A thorough analysis was undertaken of these dilemmas and the results are presented in this article. The analysis resulted in an ethical framework based on the two main approaches in bioethics: a consequentialist approach and a deontological approach. This ethical framework was used to develop an online survey administered to ascertain Dutch public opinion about these alternative approaches. The results show that neither alternative will be fully accepted, or accepted by more than half of Dutch society. However, the survey does provide an insight into the motives that are important for people’s choice: food safety and a good treatment of animals. Irrespective of the approach chosen, these values should be safeguarded and communicated clearly. (shrink)

In this article, I apply Australian logician and ecofeminist philosopher Val Plumwood’s Feminism and the Mastery of Nature, specifically its alternative logic of “the dance of interaction,” to a controversial community-engagement program in my home state of Alabama. At Rural Studio, Auburn University students design free housing and public works for one of the poorest regions in the United States, known as the “Black Belt.” Through the lens of Plumwood’s ecofeminist dancing logic, the marginalized source of Rural Studio’s survival is (...) revealed to be the resilience of the disempowered majority-Black community. Inspired thereby, I sketch an ecofeminist choreography with three “dancing” concepts (namely Plumwood’s “the master model,” Vandana Shiva’s “nature’s logic,” and Ariel Salleh’s “holding”), acknowledging the resilience of the disempowered as a necessary step toward an ethically-sustainable aesthetics. (shrink)

This project was provoked by the almost nonexistent pushback from the Democratic liberal establishment to the (2020) exoneration of Kyle Rittenhouse, despite his acknowledged killing of two Black Lives Matters protesters against the police murder of George Floyd. It builds on three prior articles arguing for the revival of ancient Dionysian practice, Haitian Vodou, and Indigenous South American shamanism to empower leftist revolution. In essence, I propose an assemblage of spiritual practices that are accessible today for the neo-colonized 99% of (...) the global population, by synthesizing and reconstructing three democratic, lower-SES, Indigenous religions, all of which share a militant defiance of their respective tyrannical plutocracies. To avoid cultural appropriation, I center these reconstructed spiritual practices on the figure of the “mage,” a psychosocial healer loosely analogous to a shaman. And the mage’s signature activity, “magic,” I redefine naturalistically as free interpersonal performative action, practiced using two theoretical disciplines (philosophy and psychology) and two practical disciplines chosen by each mage. More precisely, Spirit/Dance channels the “spirits” of dead ancestors, historical figures, legendary heroes, mythical beings, and fictional characters, into the three ultimate objectives of “mindfulness” for psyches/souls, “liberation” for mindful bodies, and “social justice” for liberated communities, indirectly empowering long-term revolution. (shrink)

This contribution aims to explore the historical predecessors of the Five Percenter model of self-realization, as popularized by Hip Hop artists such as Supreme Team, Rakim Allah, Brand Nubian, Wu-Tang Clan, or Sunz of Man. As compared to frequent considerations of the phenomenon as a creative mythological background for a socio-political struggle, Five Percenter teachings shall be discussed as contemporary interpretations of historical models of self-realization in various philosophical, religious, and esoteric systems. By putting the coded system of the tenfold (...) Supreme Mathematics as one of its core teachings in context with the Pythagorean Tetractys, an arrangement of ten points in four lines, the commonalities between the sequence and concepts attributed to the respective numbers will be demonstrated. (shrink)

In this article, I explore Seth Farber’s critique in _The Spiritual Gift of Madness_ that the leaders of the Mad Pride movement are failing to realize his vision of the mad as spiritual vanguard of sociopolitical transformation. First, I show how, contra Farber’s polemic, several postmodern theorists are well suited for this leadership (especially the Argentinian post-Marxist philosopher Ernesto Laclau). Second, I reinterpret the first book by the Icarus Project, _Navigating the Space between Brilliance and Madness_, by reimagining its central (...) metaphor of Icarus in the context of late capitalism as a prison world. Finally, I conclude with four strategies derived therefrom for higher functioning mad leaders to transform our penitentiary world. (shrink)

I propose an approach to naturalized philosophy of science that takes the social nature of scientific practice seriously. I criticize several prominent naturalistic approaches for adopting "cognitive individualism", which limits the study of science to an examination of the internal psychological mechanisms of scientists. I argue that this limits the explanatory capacity of these approaches. I then propose a three-level model of the social nature of scientific practice, and use the model to defend the claim that scientific knowledge is socially (...) produced. (shrink)

Intuitions play an important role in contemporary philosophy. It is common for theories in epistemology, morality, semantics and metaphysics to be rejected because they are inconsistent with a widely and firmly held intuition. Our goal in this paper is to explore the role of epistemic intuitions in epistemology from a naturalistic perspective. Here is the question we take to be central: (Q) Ought we to trust our epistemic intuitions as evidence in support of our epistemological theories? We will understand this (...) question as employing an epistemic ‘ought’ – insofar as we aim at developing a correct epistemological theory, ought we to trust our epistemic intuitions as evidence for or against our epistemological theories? As it stands, (Q) needs further clarification. Whether something is trustworthy is relative to what (a) what it is and (b) what we’re asking it to do. Sam might trust Marie but not George to care for his children, while he might trust both to care for his pet fish. So in order to address (Q), we first need to explore two questions: What are epistemic intuitions? And what sort of epistemological theories do we want? We will take up each of these questions in the following sections. (shrink)

I argue that Evolutionary Psychologists’ notion of adaptationism is closest to what Peter Godfrey-Smith (2001) calls explanatory adaptationism and as a result, is not a good organizing principle for research in the biology of human behavior. I also argue that adopting an alternate notion of adaptationism presents much more explanatory resources to the biology of human behavior. I proceed by introducing Evolutionary Psychology and giving some examples of alternative approaches to the biological explanation of human behavior. Next I characterize adaptation (...) and explain the range of biological phenomena that can count as adaptations. I go onto introduce the range of adaptationist views that have been distinguished by philosophers of biology and lay out explanatory adaptationism in detail. (shrink)

The study aimed to identify the reality of technical education in Palestine. The analytical descriptive method was used in the study. A questionnaire which consisted of 41 paragraphs was distributed randomly to the technical colleges in Gaza Strip. Random sample of (275) employees of these colleges were used, and the response rate was (74.5%). The results showed a high degree of approval for the dimensions of technical education with a relative weight of 76.07%. The ranking and relative weight was as (...) follows: Technical education institutions: 79.51%, graduates of technical education 75.75%, Labor market and local community 72.96%. The researchers propose a number of recommendations, the most important of which is: the need to pay attention to technical education in line with the National Strategic Plan for Higher Education by moving towards technical education. The importance of offering special courses in all technical education programs in these colleges. The researchers urged more future studies that address the same variables as the current study and apply them to other sectors. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

In Michel de Certeau’s Invention of the Everyday, improvisational community dance function as a catalyst for the subversive art of the oppressed, via its ancient Greek virtue/power of mētis, being “foxlike.” And in de Certeau’s The Possession of Loudun, this foxlike dance moves to the stage, as an improv chorus that disrupts the events at Loudon when reimagined as a tetralogy of plays at City Dionysia. More precisely, Loudun’s tetralogy could be interpreted as a series of three tragedies and one (...) comedy, the latter of which involves the chorine nuns’ channeling of anomie into a proto-feminist transfiguration. More precisely, the tactical prowess of the nuns’ chorus leader, namely the prioress Jeanne des Anges, elevates her to the status of an angelic prophet, which in de Certeau’s theatrical dancing critique makes her the Loudun tetralogy’s Dionysian, foxlike mage. In conclusion, this analysis suggests de Certeau’s relevance for revolutionary social justice today. (shrink)

In The Philosophy of Logical Atomism Russell held the view that facts in the world are formally structured complexes, the structure of which matches the logical structure of correspondent propositions. Russell also seems to have denied that there are facts of identity and of diversity. This paper argues that Identity and Diversity can be understood as purely formal structures in Russellian facts. It considers Russell’s possible reasons for denying the existence of facts of identity and diversity and shows how problematic (...) these reasons are. In particular, I argue that identity statements are not tautologies, and their denial does not result into a contradiction. An important consequence of this thesis is that Metaphysics and Logic are not as tied up as Russell took them to be, but nevertheless these are good news for the old formal program for Metaphysics that lies at the very heart of what he called philosophical logic. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

The emerging field of the philosophy of dance, as suggested by Aili Bresnahan, increasingly recognizes the problem that (especially pre‐modern) dance has historically focused on bodily perfection, which privileges abled bodies as those that can best make and perform dance as art. One might expect that the philosophy of dance, given the critical and analytical powers of philosophy, might be helpful in illuminating and suggesting ameliorations for this tendency in dance. But this is particularly a difficult task since the analytic (...) philosophy of dance is too young to have achieved a comprehensive treatment of dance per se, let alone to update such a treatment in line with the demands of social justice. As a step in that direction, the present article (a) summarizes dance theorists on disabled dance (as opposed to the dance of the temporarily able‐bodied, or TAB) and then applies (b) the philosophy of art and dance to disability, (c) the philosophy of disability to dance, (d) interdisciplinary disability theory to dance, and (e) my own Figuration philosophy of dance to disability, as inspired in part by John Dewey. (shrink)

This study is concerned with linguistic competence and relationship between the socio-demographic profile in terms of parents’ education background and assigned household chores. The researcher made questionnaires and essay tests and administered among senior high school students who were randomly chosen as respondents. To analyze and interpret data, mean, standard deviation, T-test, and One-Way Analysis of Variance were utilized. ANOVA was conducted to determine whether there was a significant relationship between the socio-demographic profile and the level of linguistic competency of (...) the senior high school students. Findings revealed that there was no significant relationship between the parents’ educational attainment and linguistic competences. ANOVA was conducted again to determine whether there was a significant relationship between the assigned household chores and the level of linguistic competency of the senior high school students. Similarly, results indicate that linguistic competences do not differ among respondents with different assigned household chores. In addition, T-test was conducted to determine whether there was a significant difference among the level of linguistic competencies of the senior high school students in Ormoc City Regional Sports Academy, but the gathered results revealed that there was no significant difference among linguistic competence level. However, there was a significant difference in the linguistic competence in organization of ideas among senior high school students. Grade 11 students have significantly higher mean in organization of ideas than Grade12 students. Major findings revealed that the respondents were at the basic level under the Common European Framework of References for Languages. Generally, the linguistic competence of the senior high school students should be improved. A proposed remedial activity in English writing skills is adapted to level up the linguistic competence of the senior high school students. (shrink)

Though Mathias Risse and Gabriel Wollner’s On Trade Justice admirably incorporates the history of European philosophy and U.S. government, their otherwise reasonable proposals rest on dubious grounds. The book derives both much of its appeal, and its primary vulnerability, from a cluster of central terms that are situated precariously at the intersection of metaphors and concepts, or what Lakoff and Johnson call “metaphorical concepts.” In this article, I explore the three most important such terms, as featured in the following paraphrase (...) of theirs: “Trade is an embedded ground of justice.” For each italicized term, I conclude, Risse and Wollner vacillate between its most conceptual and metaphorical meanings, thereby attempting to (a) stretch “trade” to identify prehistoric exchange with global capitalism, so as to (b) rebrand the contextual “ground” of this universal activity as a foundation, even though (c) foundations “embedded” in other foundations simply reduce to their lowest common denominator. The latter, in this case, is global capitalism, the most immoral practices of which they are thereby pressured to defend, including temporary forms of the very exploitation that they so persuasively reconceive and otherwise condemn. (shrink)

This volume presents discussions on a wide range of topics focused on eco-phenomenology and the interdisciplinary investigation of contemporary environmental thought. Starting out with a Tymieniecka Memorial chapter, the book continues with papers on the foundations, theories, readings and philosophical sources of eco-phenomenology. In addition, it examines issues of phenomenological anthropology, ecological perspectives of the human relationship to nature, and phenomenology of the living body and the virtual body. Furthermore, the volume engages in a dialogue with contemporary behavioral sciences on (...) topics such as eco-alienation, sustainability, and the human relationship to the earth in the context of the cosmos. (shrink)

The Afro-Latin dance known as ‘salsa’ is a fusion of multiple dances from West Africa, Muslim Spain, enslaved communities in the Caribbean, and the United States. In part due to its global origins, salsa was pivotal in the development of the Figuration philosophy of dance, and for ‘dancing with,’ the theoretical method for social justice derived therefrom. In the present article, I apply the completed theory Figuration exclusively to salsa for the first time, after situating the latter in the dance (...) studies literature. My first section explores Juliet McMains’ recent history, Spinning Mambo into Salsa, with an emphasis on the dynamics of class, race and sex therein. My second section explores a resonant Afro-Latin dance history, Marta E. Savigliano’s Tango and the Political Economy of Passion, where she deploys salsa’s sister-dance (tango) as a ‘counter-choreography’ to the choreography of postmodern neocolonialism. And my third section applies Figuration’s four central aspects of dance (or ‘Moves’) to salsa qua member of its ‘societal’ family of dance. In conclusion, through partnering with salsa, Figuration emerges as a member of its own ‘discursive’ family of dance, while salsa emerges as a gestural discourse capable of helping reconstruct a more socially-just world from the postmodern ruins of today. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

It was an empirical discovery that Phosphorus is Hesperus. According to Kripke, this was also the discovery of a necessary fact. Now, given Kripke’s theory of direct reference one could wonder what kind of discovery this is. For we already knew Phosphorus/Hesperus, and we also knew that any entity is, necessarily, identical to itself. So what is it that was discovered? I want to show that there is more to this widely known case than what usual readings, and critics, reveal; (...) and I want to show this under the Kripkean pattern that what was discovered is the plain fact of identity that Phosphorus is, and necessarily is, Hesperus. Moreover, I will show how both Kripkean theses, the necessity of identity and the direct theory of reference, should not be kept apart to understand the kind of discovery this is. In particular, understanding the kind of discovery we made will help us see how intuition is displayed in metaphysics, and how metaphysical impossibilities, and metaphysical modality in general, can be discerned by reason and separated from other modalities. The study of this discovery will help us see, in a line, how identity belongs to the inner and most profound structure of reality and to the most profound structure of cognition and language. (shrink)

In Book I of his Nicomachean Ethics (NE), Aristotle defines happiness, or eudaimonia, in accordance with an argument he makes regarding the distinctive function of human beings. In this paper, I argue that, despite this argument, there are moments in the NE where Aristotle appeals to elements of happiness that don’t follow from the function argument itself. The place of these elements in Aristotle’s account of happiness should, therefore, be a matter of perplexity. For, how can Aristotle appeal to elements (...) of happiness not entailed by his argument for what happiness involves? I will examine two instances that exemplify the sort of appeal to outside elements that I have in mind. The first deals with Aristotle’s reference, in NE, I, 8, to certain goods—ancestry, children, beauty—goods unrelated to man’s function or his fulfillment of it, but nevertheless required for his happiness. The second instance involves pleasure. Aristotle makes various arguments, both in Books I and X of the NE, that tie pleasure to the activity of the soul, and the function argument in turn. However, none of these arguments succeeds in demonstrating that pleasure would necessarily follow from this activity. Taken together then, these two examples demonstrate the extent to which Aristotle’s definition of happiness is more inclusive than his function argument permits. (shrink)

Against caricatures of the poet-philosopher Friedrich Schiller as an unoriginal popularizer of Kant, or a forerunner of totalitarianism, Frederick Beiser reinterprets him as an innovative, classical republican, broadening his analysis to include Schiller’s poetry, plays, and essays not widely available in English translation, such as the remarkable essay, “On Grace and Dignity.” In that spirit, the present article argues that the latter text, misperceived by Anglophone critics as self-contradictory, is better understood as centering on gender and dance. In brief, grace (...) is a virtuous power of beautiful gestures associated with women, while dignity is a power of sublime gestures associated with men, and the improvised combination thereof is a divinely androgynous power of gesture that I term “stateliness,” in a three-step choreography of aesthetic education. (shrink)

This article explores Fanon's thought on dance, beginning with his explicit treatment of it in Black Skin, White Masks and The Wretched of the Earth. It then broadens to consider his theorization of Black embodiment in racist and colonized societies, considering how these analyses can be reformulated as a phenomenology of dance. This will suggest possibilities for fruitful encounters between the two domains in which (a) dance can be valorized while (b) opening up sites of resignification and resistance for Black (...) persons and communities-including a revalorization of Black embodiment as a kind of empowering danced experience. (shrink)