Despite the frequency of stillbirths, the subsequent implications are overlooked and underappreciated. We present findings from comprehensive, systematic literature reviews, and new analyses of published and unpublished data, to establish the effect of stillbirth on parents, families, health-care providers, and societies worldwide. Data for direct costs of this event are sparse but suggest that a stillbirth needs more resources than a livebirth, both in the perinatal period and in additional surveillance during subsequent pregnancies. Indirect and intangible costs of stillbirth are (...) extensive and are usually met by families alone. This issue is particularly onerous for those with few resources. Negative effects, particularly on parental mental health, might be moderated by empathic attitudes of care providers and tailored interventions. The value of the baby, as well as the associated costs for parents, families, care providers, communities, and society, should be considered to prevent stillbirths and reduce associated morbidity. (shrink)

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)

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)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

In this paper an Artificial Neural Network (ANN) model, for predicting the category of a tumor was developed and tested. Taking patients’ tests, a number of information gained that influence the classification of the tumor. Such information as age, sex, histologic-type, degree-of-diffe, status of bone, bone-marrow, lung, pleura, peritoneum, liver, brain, skin, neck, supraclavicular, axillar, mediastinum, and abdominal. They were used as input variables for the ANN model. A model based on the Multilayer Perceptron Topology was established and trained using (...) data set which its title is “primary tumor” and was obtained from the University Medical Centre, Institute of Oncology, Ljubljana, Yugoslavia Test data evaluation shows that the ANN model is able to correctly predict the tumor category with 76.67 % accuracy. (shrink)

The study aims to identify the efficiency of the university education performance from the perspective of postgraduate and undergraduate students in international and Palestinian universities. The analytical descriptive approach was used for this purpose and the questionnaire was used as a main tool for data collection. The study community consists of: post graduate students, (23850) graduate students and (146355) undergraduate students. The sample of the study was 378 graduate students and 383 undergraduate students. The random stratified sample was used. The (...) Statistical Package of Social Sciences (SPSS) was also used for data analysis. The study reached a number of results, the most important of which are: The level of efficiency of educational performance in Palestinian and international universities from the point of view of postgraduate and undergraduate students was high. And that there are significant differences between the average views of the sample of the study on the efficiency of educational performance in Palestinian and international universities attributed to the University and to the benefit of international universities. The study concluded many recommendations, the most important of which is the necessity of continuing to develop e-learning strategies that affect the efficiency of educational performance and research commensurate with the university's position in the local and international community, which puts it on the best classification between local and international universities through e-learning. (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)

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)

Four studies explore the role of perceptual fluency in attenuating bullshit receptivity, or the tendency for individuals to rate otherwise meaningless statements as “profound”. Across four studies, we presented participants with a sample of pseudoprofound bullshit statements in either a fluent or disfluent font and found that overall, disfluency attenuated bullshit receptivity while also finding little evidence that this effect was moderated by cognitive thinking style. In all studies, we measured participants’ cognitive reflection, need for cognition, faith in intuition, and (...) superstitious beliefs. Superstition strongly predicted bullshit receptivity regardless of fluency. Inconclusive results were found for the remaining scales. Potential links for the role of perceptual disfluency in promoting analytic thinking are discussed. (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.

[First paragraph]: This article is part of a larger project in which I suggest a historically informed philosophy of dance, called “figuration,” consisting of new interpretations of canonical philosophers. Figuration consists of two major parts, comprising (a) four basic concepts, or “moves”—namely, “positure,” “gesture,” “grace,” and “resilience”—and (b) seven types, or “families” of dance—namely, “concert,” “folk,” “societal,” “agonistic,” “animal,” “astronomical,” and “discursive.” This article is devoted to the first of these four moves, as illustrated by both its importance for Aristotle (...) and also its applicability to these seven families of dance. One goal of figuration as a whole, and the central goal of this excerpt from that larger project, is to model and justify a dancing aesthetic education pursuant to psychological and political flourishing. (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.

In this paper, we developed an Artificial Neural Network (ANN) for detect the absence or presence of lung cancer in human body. Symptoms were used to diagnose the lung cancer, these symptoms such as Yellow fingers, Anxiety, Chronic Disease, Fatigue, Allergy, Wheezing, Coughing, Shortness of Breath, Swallowing Difficulty and Chest pain. They were used and other information about the person as input variables for our ANN. Our ANN established, trained, and validated using data set, which its title is “survey lung (...) cancer”. Model evaluation showed that the ANN model is able to detect the absence or presence of lung cancer with 96.67 % accuracy. (shrink)

Parkinson's Disease (PD) is a long-term degenerative disorder of the central nervous system that mainly affects the motor system. The symptoms generally come on slowly over time. Early in the disease, the most obvious are shaking, rigidity, slowness of movement, and difficulty with walking. Doctors do not know what causes it and finds difficulty in early diagnosing the presence of Parkinson’s disease. An artificial neural network system with back propagation algorithm is presented in this paper for helping doctors in identifying (...) PD. Previous research with regards to predict the presence of the PD has shown accuracy rates up to 93% [1]; however, accuracy of prediction for small classes is reduced. The proposed design of the neural network system causes a significant increase of robustness. It is also has shown that networks recognition rates reached 100%. (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)

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 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)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 728-746, May 2022.

A standard view in philosophy is that knowledge entails justification. Yet recent research suggests otherwise. We argue that this admirable and striking research suffers from an important limitation: participants were asked about knowledge but not justification. Thus it is possible that people attributed knowledge partly because they thought the belief was justified. Perhaps though, if given the opportunity, people would deny justification while still attributing knowledge. It is also possible that earlier findings were due to perspective taking. This paper reports (...) further research that directly addresses these questions. Our findings support the hypothesis that knowledge entails justification on the ordinary view. (shrink)

Despite the initial strangeness of grouping Iris Murdoch (a Platonist), Martha Nussbaum (an Aristotelian), and Richard Rorty (a pragmatist) together, this paper will argue that these thinkers share a strong commitment to the moral purport of literature. I will also show that their shared idea of moral engagement through literature interlocks the individual’s sense of self and the world of others. After considering their accounts, I will conclude by raising the question of literature’s moral limits.

The emerging field of quantum mereology considers part-whole relations in quantum systems. Entangled quantum systems pose a peculiar problem in the field, since their total states are not reducible to that of their parts. While there exist several established proposals for modelling entangled systems, like monistic holism or relational holism, there is considerable unclarity, which further positions are available. Using the lambda operator and plural logic as formal tools, we review and develop conceivable models and evaluate their consistency and distinctness. (...) The main result is an exhaustive taxonomy of six distinct and precise models that both provide information about the mereological features as well as about the entangled property. The taxonomy is well-suited to serve as the basis for future systematic investigations. (shrink)

What constitutes a scientific discovery? What role do discoveries play in science, its dynamics and social practices? Must every discovery be attributed to an individual discoverer (or a small number of discoverers)? The paper explores these questions by first critically examining extant philosophical explications of scientific discovery—the models of scientific discovery, propounded by Kuhn, McArthur, Hudson, and Schindler. As a simple, natural and powerful alternative, we proffer the “change-driver model”: in a nutshell, it takes discoveries to be cognitive scientific results (...) that have epistemically advanced science. The model overcomes the shortcomings of its precursors, whilst preserving their insights. We demonstrate its intensional and extensional superiority, especially with respect to the link between scientific discoveries and the dynamics of science, as well as the award system of science. Both as an illustration, and as an application to a recent scientific and political controversy, we apply the considered models of discovery to one of the most momentous discoveries of science: the expansion of the universe. We oppose the 2018 proposal of the International Astronomers’ Union as too simplistic vis-`a-vis the historical complexity of the episode. The change- driver model yields a more nuanced and circumspect verdict: (i) The redshift-distance relation shouldn’t be named the “Hubble-Lemaître Law”, but “Slipher-Lundmark-Hubble-Humason Law”; (ii) Its interpretation in terms of an expanding universe, however, Lemaître ought to be given credit for; but (iii) The establishment of the expansion of the universe, as an evidentially sufficiently warranted result, is a communal achievement, emerging in the 1950s or 1960s. (shrink)

Male genital problems and injuries may occur quite simply because of the scrotum and penis are not protected like other organs. Genital problems and injuries normally happen through: recreational activities (like Football, Hooky, biking, basketball), work- related tasks (like contact to irritating chemicals), downhill drop, and sexual activity. A genital injury frequently causes harsh pain that typically disappear fast without causing enduring harm. Home handling is generally all that is required for trivial problems or injuries. Pain, inflammation, staining, or rashes (...) that are coexist with other symptoms might be a source for concern. Genital problems in men is one of the most common problems which requires fast intervention. In this paper we present an expert system that help men diagnose their genital problems and give them the proper treatment. SL5 Object expert system language was used to design and implement this expert system. (shrink)

Plato’s view on pleasure in the Republic emerges in the course of developing the third proof of his central thesis that the just man is happier than the unjust. Plato presents it as the “greatest and most decisive” proof of his central thesis, so one might expect to find an abundance of scholarly work on it. Paradoxically, however, this argument has received little attention from scholars, and what has been written on it has generally been harshly critical. I believe that (...) this treatment of the argument has been unfair and that the relevant passages deserve a more careful and charitable interpretation. In this paper, I take up two serious charges that scholars have leveled against this proof, that it is inconsistent and that it involves a “fatal ambiguity”. I show that these charges result from misinterpreting Plato’s text, and I offer an alternative interpretation of the relevant passages. In doing so, I hope to shed some light on the complexities involved in Plato’s unappreciated third proof. (shrink)

This quantitative study utilized the descriptive method of research that aimed to assess the implementation of environmental conservation practices in Baybay City Leyte with 92 officials and 115 zone residents of the 23 barangays in the city. Data were gathered through online and pen-paper surveys using frequency mean and Chi-square test. Barangay officials & Zone residents showed the same level of awareness of the environmental conservation practices implemented in Baybay City. Based on the results, the highest average weighted mean environmental (...) conservation practices were the Ordinance on Solid Waste Management. Whereas, the Ordinance on the Use of Plastics Bags has the lowest average weighted mean. There is no significant difference in the level of awareness of the environmental conservation practices between the barangay officials and zone residents. The findings on the level of implementation of the environmental conservation practices, barangay officials asserted a high level of implementation while zone residents claim to have implemented of all the (3) ordinances. For barangay officials, the Ordinance on Solid Waste Management had the highest weighted mean. While the Ordinance on the Use of Plastics Bags had the lowest weighted mean. Whereas, for the zone residents the Ordinance on Regulating the Use of Plastics Bags had the highest weighted mean. While the Ordinance on Anti-Littering and Prohibiting Persons from Throwing any Refuse or Garbage, Spitting, or Improper Urinating into Streets and Canals had the lowest weighted mean. There is a significant difference in the level of implementation of the environmental conservation practices between the barangay officials and zone residents on the Ordinance on Anti-Littering and Prohibiting Persons from Throwing any Refuse or Garbage, Spitting, Improper Urinating into Streets and Canal and Ordinance on Solid Waste Management. However, there is no significant difference in the level of implementation of environmental conservation practices in the Ordinance of the Use of Plastics Bags. (shrink)

Despite extensive discussion of naïve realism in the wider philosophical literature, those influenced by the phenomenological movement who work in the philosophy of perception have hardly weighed in on the matter. It is thus interesting to discover that Edmund Husserl’s close philosophical interlocutor and friend, the early twentieth-century phenomenologist Johannes Daubert, held the naive realist view. This article presents Daubert’s views on the fundamental nature of perceptual experience and shows how they differ radically from those of Husserl’s. The author argues, (...) in conclusion, that Daubert’s views are superior to those of Husserl’s specifically in the way that they deal with the phenomenon of perceptual constancy. (shrink)

Here I outline the argument in Kim Sterelny’s book The Evolved Apprentice. I present some worries for Sterelny from the perspective of modelers in behavioral ecology. I go on to discuss Sterelny’s approach to moral psychology and finally introduce some potential new applications for his evolved apprentice view.

When so much is being written on conscious experience, it is past time to face the question whether experience happens that is not conscious of itself. The recognition that we and most other living things experience non-consciously has recently been firmly supported by experimental science, clinical studies, and theoretic investigations; the related if not identical philosophic notion of experience without a subject has a rich pedigree. Leaving aside the question of how experience could become conscious of itself, I aim here (...) to demonstrate that the terms experience and consciousness are not interchangeable. Experience is a notoriously difficult concept to pin down, but I see non-conscious experience as based mainly in momentary sensations, relational between bodies or systems, and probably common throughout the natural world. If this continuum of experience — from non-conscious, to conscious, to self-transcending awareness — can be understood and accepted, radical constructivism (the “outside” world as a construct of experience) will gain a firmer foundation, panexperientialism (a living universe) may gain credibility, and psi will find its medium. (shrink)

This study presented the policy of functional integration of the product planning team as a strategy for the development of the pharmaceutical industry in Palestine. The study population consists of all the workers in companies operating in the field of medicine in Palestine, which are (5) companies producing in the West Bank only for pharmaceuticals used by these companies, which are (296) employees, and was used a simple random sample to choose the sample and size (87) employees of the study (...) population, and to achieve the objectives of the study (87) questionnaires were distributed. The descriptive analytical method was used, and SPSS was used to answer and discuss the study's questions. The results showed that there is a significant relationship between the effectiveness of the policy of product development and the competitiveness of pharmaceutical companies in Palestine (West Bank), where the policy of product development efficiency accounts for 56.6% of the total change in the competitiveness of companies. The product quality component was most influential at all levels of product development effectiveness policy, followed by product identification, product cost reduction, packaging and product deletion. The weakest areas of strategic direction in pharmaceutical companies in Palestine (West Bank) are 67%. The weakest aspects of job integration are: non-regular meetings of representatives of different positions to participate in any project related to product development, to achieve spatial convergence of members of the product planning policy team in offices, laboratories and workplaces. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Organismal death is foundational to the evolution of life, and many biological concepts such as natural selection and life history strategy are so fashioned only because individuals are mortal. Organisms, irrespective of their organization, are composed of basic functional units—cells—and it is our understanding of cell death that lies at the heart of most general explanatory frameworks for organismal mortality. Cell death can be exogenous, arising from transmissible diseases, predation, or other misfortunes, but there are also endogenous forms of death (...) that are sometimes the result of adaptive evolution. These endogenous forms of death—often labeled programmed cell death, PCD—originated in the earliest cells and are maintained across the tree of life. Here, we consider two problematic issues related to PCD (and cell mortality generally). First, we trace the original discoveries of cell death from the nineteenth century and place current conceptions of PCD in their historical context. Revisions of our understanding of PCD demand a reassessment of its origin. Our second aim is thus to structure the proposed origin explanations of PCD into coherent arguments. In our analysis we argue for the evolutionary concept of PCD and the viral defense-immunity hypothesis for the origin of PCD. We suggest that this framework offers a plausible account of PCD early in the history of life, and also provides an epistemic basis for the future development of a general evolutionary account of mortality. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

This article engages Richard Rorty’s controversial concept of ethnocentrism with the help of Randolf (Randy) S. David’s writings. The first section defines Rorty’s concept of ethnocentrism and responds to the general criticisms of relativism and divisiveness that have been made against it. The second section suggests a conceptual replacement for Rorty’s notion of a vicious ethnocentrism: egotism. Egotism is a kind of cultural ethnocentrism that is resistant to openness, creativity, and social transformation. Inspired by David’s work, the third and final (...) section suggests how the concepts of ethnocentrism and egotism might be of some use as conceptual tools for articulating contemporary social issues in the Philippines. (shrink)

This is an earlier version of the argument presented as the appendix to the author's final book, Peri Physeos.

It is well-known that the entangled quantum state of a composite object cannot be reduced to the states of its parts. This quantum holism provides a peculiar challenge to formulate an appropriate mereological model: When a system is in an entangled state, which objects are there on the micro and macro level, and which of the objects carries which properties? This paper chooses a modeling approach to answer these questions: It proceeds from a systematic overview of consistent mereological models for (...) entangled systems and discusses which of them is compatible with the quantum mechanical evidence (where quantum states are understood realistically). It reveals that entangled quantum systems neither describe undivided wholes nor objects that stand in irreducible relations. The appropriate model assumes that the entangled property is an irreducible non-relational plural property carried collectively by the micro objects, while there is no macro object. In this sense, quantum holism is an instance of property holism, not of object holism. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

“Big Data” and data analytics affect all of us. Data collection, analysis, and use on a large scale is an important and growing part of commerce, governance, communication, law enforcement, security, finance, medicine, and research. And the theme of this symposium, “Individual and Informational Privacy in the Age of Big Data,” is expansive; we could have long and fruitful discussions about practices, laws, and concerns in any of these domains. But a big part of the audience for this symposium is (...) students and faculty in higher education institutions (HEIs), and the subject of this paper is data analytics in our own backyards. Higher education learning analytics (LA) is something that most of us involved in this symposium are familiar with. Students have encountered LA in their courses, in their interactions with their law school or with their undergraduate institutions, instructors use systems that collect information about their students, and administrators use information to help understand and steer their institutions. More importantly, though, data analytics in higher education is something that those of us participating in the symposium can actually control. Students can put pressure on administrators, and faculty often participate in university governance. Moreover, the systems in place in HEIs are more easily comprehensible to many of us because we work with them on a day-to-day basis. Students use systems as part of their course work, in their residences, in their libraries, and elsewhere. Faculty deploy course management systems (CMS) such as Desire2Learn, Moodle, Blackboard, and Canvas to structure their courses, and administrators use information gleaned from analytics systems to make operational decisions. If we (the participants in the symposium) indeed care about Individual and Informational Privacy in the Age of Big Data, the topic of this paper is a pretty good place to hone our thinking and put into practice our ideas. (shrink)

This chapter takes a critical look at universities from the perspective of the neopragmatist philosophy of education outlined by Richard Rorty. The chapter begins with a discussion of Rorty’s view of the ends that educational institutions properly serve in a liberal democracy. It then considers the kind of culture that Rorty takes to be conducive to those ends and the kind that is antithetical to them. Rorty sometimes characterizes the latter as a culture of ‘egotism’. After describing the main aspects (...) of such a culture, the chapter uses it as an interpretive key for understanding the ‘dark side’ of the contemporary university. Our thesis is that within a Rortyan, neo-pragmatist philosophy of higher education, the ends that universities are meant to serve in a liberal democracy are vulnerable to frustration and corruption by a culture of egotism. (shrink)

Phenomenal conservatives claim that seemings are sui generis mental states and can thus provide foundational non-doxastic justification for beliefs. Many of their critics deny this, claiming, instead, that seemings can be reductively analyzed in terms of other mental states—either beliefs, inclinations to believe, or beliefs about one’s evidence—that cannot provide foundational non-doxastic justification. In this paper, I argue that no tenable semantic reduction of ‘seems’ can be formulated in terms of the three reductive analyses that have been proposed by critics (...) of phenomenal conservatism. This is because Moore-paradoxical statements are generated when each of the reductive analyses is substituted for ‘seems’ in statements like ‘The stick is straight, but it does not seem to me that it’s straight.’ Since the latter statement is not Moore-paradoxical, the three proposed reductive analyses of ‘seems’ are unsuccessful. Absent a successful semantic reduction, however, there is no good reason to think a successful metaphysical reduction of seemings is forthcoming. Thus, there is an additional reason, unnoticed in the existing literature, to think that seemings are sui generis mental states. (shrink)

This essay is divided into two parts, deeply intermingled. Part I examines not only the origin of conscious experience but also how it is possible to ask of our own consciousness how it came to be. Part II examines the origin of experience itself, which soon reveals itself as the ontological question of Being. The chief premise of Part I is that symbolic communion and the categorizations of language have enabled human organisms to distinguish between themselves as actually existing entities (...) and their own immediate experience of themselves and their world. This enables them to reflect upon abstract concepts, including “self,” “experience,” and “world.” Symbolic communication and conceptualization grow out of identification, the act of first observing conscious experiencing and intimating what it is like, mimesis, a gestural protolanguage learned through imitation, and reflection, seeing oneself through the eyes of others. The step into actual intentional speech is made through self-assertion, narrative, and intersubjectivity. These three become the spiral of human cultural development that includes not only the adaptive satisfaction of our biological needs, but also the creativity of thought. With the mental-conceptual separation of subject and object – of self and world – the human ability to witness the universe (and each other) is the ground of our genuinely human quality. Consciousness gives human life its distinctively human reality. It is, therefore, one and the same ability that enables us to shape planet Earth by means of conceptual representations (rather than by means of our hands alone) while also awakening us to the significance of being. -/- Looking beyond human self-consciousness to investigate the origin and nature of awareness itself in Part 2, reductive objective materialism is found to be of little use. Direct experience also falls short in that, in order to be transformed into objective knowledge about itself, it must always be interpreted through and limited by the symbolic contexts of culture and the idiosyncratic conceptualizations of the individual. Awareness-in-itself must thus be considered ultimately unexplainable, but this may more indicate its inexpressible transcendence of all symbolic qualifiers than its nonexistence. It is suggested that awareness is not “self-aware” (as in deity) but is instead unknowing yet identical with the only true universal: the impetus of creative unfolding. Our human knowledge, as an expression of this unfolding, is seen to emerge from our conscious experiencing and, in turn, to have the power – and enormous responsibility – of directing that experience. Our underlying symbolic worldviews are found to be autopoietic: They limit or open our conscious experience, which, in turn, confirms those worldview expectations. As we explore a future of unforeseeable technological breakthroughs on an ailing planet who patiently copes with our “success,” truly vital decisions about the nature, meaning, extent, and future of conscious experience will have to be made. (shrink)

[This is an edited and improved version of "You Are Not Your Brain: Against 'Teaching to the Brain'" previously published in *Review of Higher Education and Self-Learning* 5(15), Summer 2012.] Since educators are always looking for ways to improve their practice, and since empirical science is now accepted in our worldview as the final arbiter of truth, it is no surprise they have been lured toward cognitive neuroscience in hopes that discovering how the brain learns will provide a nutshell explanation (...) for student learning in general. I argue that identifying the person with the brain is scientism (not science), that the brain is not the person, and that it is the person who learns. In fact the brain only responds to the learning of embodied experience within the extra-neural network of intersubjective communications. Learning is a dynamic, cultural activity, not a neural program. Brain-based learning is unnecessary for educators and may be dangerous in that a culturally narrow ontology is taken for granted, thus restricting our creativity and imagination, and narrowing the human community. (shrink)

This article examines the potential for moral agency in human resource management practice. It draws on an ethnographic study of human resource managers in a global organization to provide a theorized account of situated moral agency. This account suggests that within contemporary organizations, institutional structures—particularly the structures of Anglo-American market capitalism— threaten and constrain the capacity of HR managers to exercise moral agency and hence engage in ethical behaviour. The contextualized explanation of HR management action directly addresses the question of (...) whether HRM is inherently unethical. The discussion draws on MacIntyre’s conceptualization of moral agency within contemporary social structures. In practice, HR managers embody roles that may not be wholly compartmentalized. Alternative institutional structures can provide HR managers with a vocabulary of motives for people-centred HRM and widen the scope for the exercising of moral agency, when enacted within reflective relational spaces that provide milieus for critical questioning of logics and values. This article aims to contribute to and extend debate on whether HRM can ever be ethical, and provide a means of reconnecting business ethics with longstanding concerns in critical management studies. (shrink)

An e-learning system is increasingly gaining popularity in the academic community because of several benefits of learning anywhere anyplace and anytime. An Intelligent Tutoring System (ITS) is a computer system that aims to provide immediate and customized instruction or feedback to learners, usually without requiring intervention from a human teacher.(ITSB) is the tutoring system Builder Which designed and improved to help teachers in building intelligent tutoring system in many fields. In this paper, we have an example and an evaluating are (...) presented of building an intelligent tutoring system for teaching TOEFL using ITSB tool. (shrink)

In this paper I aim to show that the restoration model of pleasure as we find it in Plato’s Gorgias, Republic, Timaeus, and Philebus contain a common psychological core, despite the substantial developments and greater sophistication in the later works. I argue that, contrary to the scholarly consensus, all four dialogues take the necessary condition for pain to be a state of imbalance or disharmony rather than a process of destruction or deterioration. Given that the necessary condition for pleasure is (...) a process of restoration, it follows that the restoration model offers a strikingly asymmetrical account of pleasure and pain. This unorthodox interpretation of pain is not only favoured by the textual evidence but is also more charitable, as it attributes to Plato a more plausible view of impure pleasures, a more realistic account of desire, and a more compelling argument for the greater pleasantness of the philosophical life. (shrink)