The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context (...) of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

The comprehension of anaphoric relations may be guided not only by discourse, but also syntactic information. In the literature on online processing, however, the focus has been on audible pronouns and descriptions whose reference is resolved mainly on the former. This paper examines one relation that both lacks overt exponence, and relies almost exclusively on syntax for its resolution: adjunct control, or the dependency between the null subject of a non-finite adjunct and its antecedent in sentences such as Mickey talked (...) to Minnie before ___ eating. Using visual world eyetracking, we compare the time course of interpreting this null subject and overt pronouns (Mickey talked to Minnie before he ate). We show that when control structures are highly frequent, listeners are just as quick to resolve reference in either case. When control structures are less frequent, reference resolution based on structural information still occurs upon hearing the non-finite verb, but more slowly, especially when unaided by structural and referential predictions. This may be due to increased difficulty in recognizing that a referential dependency is necessary. These results indicate that in at least some contexts, referential expressions whose resolution depends on very different sources of information can be resolved approximately equally rapidly, and that the speed of interpretation is largely independent of whether or not the dependency is cued by an overt referring expression. (shrink)

This paper examines the concept of manifestation process in Kashmir Shaivism from Shiva tattva to Prithvi tattva and their transcendental and immanent predicates (Prakrti and Purusa).This paper also shows that the ultimate reality, Paramshiva, manifests itself into various forms which likely represent the theory of causation. This research paper also provides answer to two questions; First, how ultimate reality with its thirty-six principles or elements manifest in various forms and what types of forms ‘Descent’ attains from the ‘universal self’? (...) Second, how manifestation process takes place from the ‘cosmic self’ (universal consciousness) to a ‘limited self’ (Jiva)? Since, this paper is based on philosophical exploration of manifestation process and contains interpretation and argumentation of Pratyabhijna philosophy only; it excludes manifestation due to Yogas (Upayas) and Karmas. Moreover, it explains the Trika form of reality (Shiva/God, Shakti/World, and Nara/Man) and also the identity between ‘ascent’ and ‘descent’. Manifestation further investigates the union of Shiva and Shakti with Maya and displays its character (Prakashvimarshmaya). This work further tries to describe the contribution of Abhinavagupta in the concept of manifestation. (shrink)

Substantialism, which is an extremely common paradigm in Western philosophy, has dominated the sciences over time. Arguing that the authentic structure of existence is fixed and unchangeable; over time, with the development of modern physics, this understanding, which was easily adopted due to the precision of mechanical and mathematical explanations and the ease of categorization, created a school of biology that tried to develop through quantitative propositions; thus, living things were considered static entities that could be understood through reverse engineering. (...) Findings regarding evolution, which has continued uninterrupted for millions of years, have led to the gradual abandonment of essentialism. In addition, when many new data were analyzed, such as the transition from genetics to epigenetics and the mutual interaction in nature and niche creation, it was realized that biology in particular and all natural sciences in general needed a new metaphysical approach, thus process philosophy came to the fore. In process philosophy and metaphysics, it is accepted that every structure in nature consists of processual structures, not substances. The living world is fundamentally dynamic, and the existence of things always depends on the existence of processes, the basic assumption of biology is stability, not change; more precisely, it is argued that it is a stability achieved through constant change. By presenting a methodology, metaphysics and perspective from the process perspective of John Dupré, one of today's most important philosophers of biology, it is aimed to draw attention to the flowing of existence and processes of nature, expressed by Heraclitus as panta rhei (everything flows). (shrink)

The paper argues against a widely held synchronic view of emotional rationality. I begin by considering recent philosophical literature on various backward‐looking emotions, such as regret, grief, resentment, and anger. I articulate the general problem these accounts grapple with: a certain diminution in backward‐looking emotions seems fitting while the reasons for these emotions seem to persist. The problem, I argue, rests on the assumption that if the facts that give reason for an emotion remain unchanged, the emotion remains fitting. However, (...) I argue there are rationally self‐consuming attitudes: affective attitudes that become less fitting the longer they endure while the facts that give reason for them persist. A widely held synchronic view of fitting affective attitudes denies that fittingness at a time depends on the agent's attitudes at different times and therefore denies that the fittingness of an affective attitude can depend on its duration. Once we reject the synchronic view, we may see that affective attitudes are often fitting due to the fitting processes of which they are part. These fitting processes explain the fitting diminution of backward‐looking emotions as well as other diachronic aspects of the fittingness of emotions. -/- . (shrink)

Numerical identity is the non-relational sameness of an object to itself. It is concerned with understanding how entities undergo change and maintain their identity. In substance metaphysics, an entity is considered a substance with an essence and such an essence is the source of its power. However, such a framework fails to explain the sense in which an entity is still the entity it was, amidst changes. Those who claim that essence is unaffected by existence are faced with challenge of (...) exploring the epistemic access to such an essence, which is questionable at best. Process metaphysics is a strong candidate for a theory that can ontologically explain regularity and change without appeal to essence. Process and its interactions is the main category. Every process is an emergent organization of constitutive interactions and is individuated on the basis of its interactive powers, that is, the ways in which it interacts with the world around it. Interactions are situated adaptation to changes. In this way, changes are crucial within process metaphysics and are included in the starting point of its investigation. What seems to the naked eyes as one-ness/singularity is a complex process where an organization of interactions is emerging from moment to moment by continually adapting to the changes around and within it. The question of numerical identity over time becomes valid only within substance metaphysics which has no space to accommodate change, due to its allegiance to essence. (shrink)

The underreporting of suspected adverse drug reactions hinders pharmacovigilance. Solutions to underreporting are oftentimes directed at clinicians and health care professionals. However, given the recent rise of public inclusion in medical science, solutions may soon begin more actively involving patients. I aim to offer an evaluative framework for future possible proposals that would engage patients with the aim of mitigating underreporting. The framework may also have value in evaluating current reporting practices. The offered framework is composed of three criteria that (...) are bioethical, social-epistemic, and pragmatic: (i) patients should not be exposed to undue harms, e.g., nocebo effects; (ii) data should be collected, analyzed, and communicated prioritizing pharmacovigilance’s aims, i.e., free from industry bias; and (iii) proposals should account for existing and foreseeable pragmatic constraints like clinician ‘buy in’ and existing reporting infrastructure. Proposals to engage patients in pharmacovigilance that fulfil or address these criteria are preferable to those that do not. (shrink)

The mindset-shifting process is explained using the mindsponge mechanism of value filtering, incorporating subjective cost-benefit evaluation and trust functioning as information channels’ gatekeepers.

My main purpose here is to provide an account of context selection in utterance understanding in terms of the role played by schemata and goals in top-down processing. The general idea is that information is organized hierarchically, with items iteratively organized in chunks—here called “schemata”—at multiple levels, so that the activation of any items spreads to schemata that are the most accessible due to previous experience. The activation of a schema, in turn, activates its other components, so as to predict (...) a likely context for the original item. Since each input activates its own schemata, conflicting schemata compete with (and inhibit) each other, while multiple activations of a schema raise its likelihood to win the competition. There is therefore a double movement—with bottom-up activation of schemata enabling top-down prediction of other contextual components—triggered by multiple sources. Another claim of the paper is that goals are represented by schemata placed at the highest-levels of the executive hierarchy, in accordance with Fuster’s model of the brain as a hierarchically organized perception action cycle. This account can be considered, in part at least, a development of ideas contained in Relevance Theory, though it may imply that some other claims of the theory are in need of revision. Therefore, a secondary purpose of the paper is a contribution to the analysis of that theory. (shrink)

Text classification is one of the most important task in natural language processing, In this research, we carried out several experimental research on three (3) of the most popular Text classification NLP classifier in Convolutional Neural Network (CNN), Multinomial Naive Bayes (MNB), and Support Vector Machine (SVN). In the presence of enough training data, Deep Learning CNN work best in all parameters for evaluation with 77% accuracy, followed by SVM with accuracy of 76%, and multinomial Bayes with least performance of (...) 69% accuracy. CNN has the best performance in the presence of large enough training dataset because of the presence of filter/ kernels which help to indentify patterns in text data regardless of their position in the sentence. We repeated the training again with just one-third of our data, at this point SVM comes with the best performance, the performance of CNN noticeably drops but still better than Multinomial Naive Bayes, the reason why SVM works best when we reduce the training data was because of its ability to look for a hyper-plane that creates a boundary between different classes of data so as to properly classify them, so we believed that getting the hyper-plane was more efficient when we reduce the dataset, hence reason for the good performance. Multinomial Naive Bayes have the least performance which we attributed to its assumption of independency between the features which sometimes does not hold true. We concluded that availability of data should be an important factor when choosing classifier for Natural Language Processing Text Classification task. CNN should be use in the presence of enough dataset, and SVM should be use when data is not enough. Multinomial Naive Bayes must not be trusted with state of the art NLP task due to its assumption of independency between the features . (shrink)

This perspective asserts the existence of only two sexes/genders, male and female, based on not only biological and reproductive processes but also from claims of non-binary or transgender identities as defined through negation which rely on the binary concept of sex/gender. Thus, individuals claiming identities on the "gender/sex spectrum" are again defining themselves through negation (definiens per negationem). This perspective suggests that the diversity of gender experiences, (the sex or gender spectrum) is defined by what individuals are not rather than (...) what they are. While the validity of non-binary and transgender identities definiens per negationem is noted, it is important to accept the reality of the binary nature of sex or gender as a scientific fact, and that all human beings are on a developmental pathway leading to either male or female. Without the reality of binary sex or gender, the gender identity spectrum does not exist as there is nothing to negate from. (shrink)

This article addresses the question of how ‘Country of Origin Information’ reports—that is, research developed and used to support decision-making in the asylum process—can be published in an ethical manner. The article focuses on the risk that published COI reports could be misused and thereby harm the subjects of the reports and/or those involved in their development. It supports a situational approach to assessing data ethics when publishing COI reports, whereby COI service providers must weigh up the benefits and (...) harms of publication based, inter alia, on the foreseeability and probability of harm due to potential misuse of the research, the public good nature of the research, and the need to balance the rights and duties of the various actors in the asylum process, including asylum seekers themselves. Although this article focuses on the specific question of ‘how to publish COI reports in an ethical manner’, it also intends to promote further research on data ethics in the asylum process, particularly in relation to refugees, where more foundational issues should be considered. (shrink)

The article gives a definition of the technical and economic potential of the application of the deforming broaching process. Research of the consequences of introducing deforming broaching into technological processes at manufacturing enterprises is carried out on the basis of application of system resource and matrix approach. On the basis of the performed researches, a methodological basis for the economic evaluation of the results of applying deforming broaching on the pro-duction has been developed. The article has improved the well-known (...) scientific and methodological foundations for the determination of technical and economic results of the application of deforming broaching due to the complex identifica-tion of production-organizational decisions - in technical and forms of evaluation in economic spheres. The developed approach gives an opportunity to more accu-rately assess the economic effect of introducing deforming broaching on the min-ing, metallurgical and machine building industries. It can be used to assess the economic effect of introducing other process parts processing. (shrink)

Fundamental Science is undergoing an acute conceptual-paradigmatic crisis of philosophical foundations, manifested as a crisis of understanding, crisis of interpretation and representation, “loss of certainty”, “trouble with physics”, and a methodological crisis. Fundamental Science rested in the "first-beginning", "first-structure", in "cogito ergo sum". The modern crisis is not only a crisis of the philosophical foundations of Fundamental Science, but there is a comprehensive crisis of knowledge, transforming by the beginning of the 21st century into a planetary existential crisis, which has (...) exacerbated the question of the existence of Humanity and life on Earth. Due to the unsolved problem of justification of Mathematics, paradigm problems in Computational mathematics have arisen. It's time to return ↔ Into Dialectics. The solution to the problem of the foundations of Mathematics, and therefore knowledge in general, is the solution to the problem of modeling (constructing) the ontological basis of knowledge - the ontological model of the primordial generating process. The idea and model of the primordial generating process, its ontological structure directs thinking to the need for the introduction of superconcept → ontological (cosmic, structural) memory, concept-attractor, supercategory, substantial semantic core of the scientific picture of the world of the nuclear-ecological-information age. Model of basic Ideality→ “Space-MatterMemory-Time” [S-MM-T]. (shrink)

Text classification is one of the most important task in natural language processing, In this research, we carried out several experimental research on three (3) of the most popular Text classification NLP classifier in Convolutional Neural Network (CNN), Multinomial Naive Bayes (MNB), and Support Vector Machine (SVN). In the presence of enough training data, Deep Learning CNN work best in all parameters for evaluation with 77% accuracy, followed by SVM with accuracy of 76%, and multinomial Bayes with least performance of (...) 69% accuracy. CNN has the best performance in the presence of large enough training dataset because of the presence of filter/ kernels which help to indentify patterns in text data regardless of their position in the sentence. -/- We repeated the training again with just one-third of our data, at this point SVM comes with the best performance, the performance of CNN noticeably drops but still better than Multinomial Naive Bayes, the reason why SVM works best when we reduce the training data was because of its ability to look for a hyper-plane that creates a boundary between different classes of data so as to properly classify them, so we believed that getting the hyper-plane was more efficient when we reduce the dataset, hence reason for the good performance. Multinomial Naive Bayes have the least performance which we attributed to its assumption of independency between the features which sometimes does not hold true. We concluded that availability of data should be an important factor when choosing classifier for Natural Language Processing Text Classification task. CNN should be use in the presence of enough dataset, and SVM should be use when data is not enough. Multinomial Naive Bayes must not be trusted with state of the art NLP task due to its assumption of independency between the features. (shrink)

Abstract: This article reviews and analyzes the advantages and disadvantages of alternative solar energy and the use of solar panels in this process. The solar energy that is falling on the photoelements under a certain angle depends on environmental climax, season, and location. Atmospheric changes also lead to changes in the transverse and direct rays of light, which does not change the light, spectrum and intensity of falling light. These changes will change the principle of operation of the QES. (...) Also, suggestions and recommendations regarding the risks of using solar panels are provided. Moto electric devices work full time in the morning and in the evening at low power. But the highest power supply is late at night. In addition, the energy generated dramatically changes rapidly due to weather changes. In order to eliminate these shortcomings, the AES uses electric accumulators, or it can be used to transfer energy to other types of energy, and it is also used for hydraulic accumulator stations or hydrogen power. At present, the problem is solved by building a common energy system. (shrink)

Fundamental Science is undergoing an acute conceptual-paradigmatic crisis of philosophical foundations, manifested as a crisis of understanding, crisis of interpretation and representation, “loss of certainty”, “trouble with physics”, and a methodological crisis. Fundamental Science rested in the "first-beginning", "first-structure", in "cogito ergo sum". The modern crisis is not only a crisis of the philosophical foundations of Fundamental Science, but there is a comprehensive crisis of knowledge, transforming by the beginning of the 21st century into a planetary existential crisis, which has (...) exacerbated the question of the existence of Humanity and life on Earth. Due to the unsolved problem of justification of Mathematics, paradigm problems in Computational mathematics have arisen. It's time to return ↔ Into Dialectics. The solution to the problem of the foundations of Mathematics, and therefore knowledge in general, is the solution to the problem of modeling (constructing) the ontological basis of knowledge - the ontological model of the primordial generating process. The idea and model of the primordial generating process, its ontological structure directs thinking to the need for the introduction of superconcept → ontological (cosmic, structural) memory, concept-attractor, supercategory, substantial semantic core of the scientific picture of the world of the nuclear-ecological-information age. Model of basic Ideality→ “Space-MatterMemory-Time” [S-MM-T]. (shrink)

Electrochemical assisted abrasive flow finishing is a newly developed hybrid finishing process which is used to finish the internal parts of work piece having complicated geometry to large extent. In electrochemical assisted abrasive flow machining higher abrasion of the material was detected due to the combine effect of ECM and AFF processes. In Electrochemical aided abrasive flow machining a electrolyte is added to the prepared media .This media consist a kind of polymeric carrier and abrasive particles that are hydrocarbon (...) gel, Al2O3, Silicon based polymer, and NaI Sodium iodide as electrolytic salt. In this experimental research different process parameters such as voltage, abrasive concentration, Number of cycle, molal concentration and diameter of rod were considered at different levels for response characteristic of surface roughness Ra and material removal MR based on Taguchi method using standard L27 orthogonal array OA for the plan of experimentation. To determine the contribution of each parameter analysis of variance was used. Sandeep Singh | Sunil kumar "Experimental Research Work to Optimize Process Parameters into Electro Chemical Abrasive Flow Machining using Taguchi Methodology" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-1 | Issue-4 , June 2017 . (shrink)

Abstract: This article reviews and analyzes the advantages and disadvantages of alternative solar energy and the use of solar panels in this process. The solar energy that is falling on the photoelements under a certain angle depends on environmental climax, season, and location. Atmospheric changes also lead to changes in the transverse and direct rays of light, which does not change the light, spectrum and intensity of falling light. These changes will change the principle of operation of the QES. (...) Also, suggestions and recommendations regarding the risks of using solar panels are provided. Moto electric devices work full time in the morning and in the evening at low power. But the highest power supply is late at night. In addition, the energy generated dramatically changes rapidly due to weather changes. In order to eliminate these shortcomings, the AES uses electric accumulators, or it can be used to transfer energy to other types of energy, and it is also used for hydraulic accumulator stations or hydrogen power. At present, the problem is solved by building a common energy system. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available (...) to pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...) is the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Due to the wide array of phenomena that are of interest to them, psychologists offer highly diverse and heterogeneous types of explanations. Initially, this suggests that the question "What is psychological explanation?" has no single answer. To provide appreciation of this diversity, we begin by noting some of the more common types of explanations that psychologists provide, with particular focus on classical examples of explanations advanced in three different areas of psychology: psychophysics, physiological psychology, and information-processing psychology. To analyze what (...) is involved in these types of explanations, we consider the ways in which law-like representations of regularities and representations of mechanisms factor in psychological explanations. This consideration directs us to certain fundamental questions, e.g., "To what extent are laws necessary for psychological explanations?" and "What do psychologists have in mind when they appeal to mechanisms in explanation?" In answering such questions, it appears that laws do play important roles in psychological explanations, although most explanations in psychology appeal to accounts of mechanisms. Consequently, we provide a unifying account of what psychological explanation is. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

When an employee’s off-duty conduct generates mass social media outrage, managers commonly respond by firing the employee. This, I argue, can be a mistake. The thesis I defend is the following: the fact that a firing would occur in a mass social media outrage context brought about by the employee’s off-duty conduct generates a strong ethical reason weighing against the act. In particular, it contributes to the firing constituting an inappropriate act of blame. Scholars who caution against firing an employee (...) for off-duty conduct have thus far focused primarily on due process related issues or legal concerns pertaining to free speech, lifestyle discrimination, and employment at-will. However, these concerns amount to only a partial, and contingent, diagnosis of what is at issue. I argue that even when due process considerations are met, firings in these contexts can be unjustified. Moreover, even if a business is not concerned with the unethical conduct per se, but is rather strictly concerned with PR, the argument I advance nevertheless provides one important ethical reason that counts against firings in mass social media outrage contexts. Given that managers are often under significant pressure to respond swiftly in cases where an employee is at the center of mass social media outrage, it is especially important that scholars begin to clarify the normative issues. This article builds on the burgeoning philosophical literature on the ethics of blame and provides a novel account of a distinctive ethical concern that arises with firings in mass social media outrage contexts. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

A communitarian perspective, which is characteristic of African normative thought, accords some kind of primacy to society or a group, whereas human rights are by definition duties that others have to treat individuals in certain ways, even when not doing so would be better for others. Is there any place for human rights in an Afro-communitarian political and legal philosophy, and, if so, what is it? I seek to answer these questions, in part by critically exploring one of the most (...) influential theoretical works on human rights in a sub-Saharan setting, namely, Claude Ake’s ‘The African Context of Human Rights’. Ake famously maintains that a typically Western approach to rights is inappropriate in the sub-Saharan region, in two major respects. First, Ake contends that although a human rights legal framework might be suitable for an ‘individualistic’ society, it is not for one of the sort common among traditional black peoples, for whom group rights are alone apt. Second, Ake maintains that, insofar as rights are relevant, rights to socio-economic goods are of much more importance in an African context than rights to civil liberties, due process and the like. Using Ake’s article as a foil, I draw on values salient in sub-Saharan moral worldviews to construct a unified philosophy of rights that not only provides reason to doubt his two claims, but also offers a promising way to reconcile a communitarian framework with a robust prizing of human rights alongside ones that are more collectively oriented. In short, I aim to provide a principled foundation for the core elements of the African Charter of Human and Peoples’ Rights. (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...) punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes a (...) philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

The Case of Jim: Jim was arrested arriving at the house of an unattended minor, having brought with him some alcoholic drinks, condoms, and an overnight bag. Records of online conversations Jim was having with the minor give the court strong evidence that the purpose of this meet-up was to engage in sexual relations with the minor. In the course of searching his home computer, investigators also found child pornography. Jim was charged with intent to sexually abuse a child and (...) possession of child pornography. He was given due process, and convicted, by a jury of his peers, on both counts. This is not the first time that Jim has been convicted of a sexual offence. He had been found guilty of possession of child pornography in the past, and served time for it. What should we do with Jim? (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court upheld the (...) constitutionality of a public nuisance statute that authorized the government to abate a car-owner’s property interest, even though there had been no showing of negligence or wrongdoing on the part of the owner herself. Referring to this country’s “longstanding practice” of in rem forfeiture proceedings, the Court held that abatement under the Michigan statute neither offended due process nor violated the Fifth Amendment’s prohibition against takings without just compensation. By basing its decision on precedent, the Court prudently resisted the temptation to legislate from the bench. The Court also reached the right result in denying relief to Mrs. Bennis. Unfortunately, the Court’s appeal to past practice did not adequately address the constitutional concerns raised by the case. If the Court had said more about the traditional purpose and limits of in rem forfeitures, it could have addressed these concerns, while still avoiding the dangers of judicial activism. (shrink)

Robert (Robby) P. Tangtingco’s article was called Bergaño’s dictionary “a work of art” in Lost and Found in Translation in the 18th century. The first thing that they observed is the various dialects or languages used by their countrymen. They were assigned to different regions of the Philippines, and one of them was Fray Diego Bergaño. He was designated to Pampanga where he successfully produced a Kapampangan dictionary called “Arte dela Lengua Pampanga”. From the stated dictionary, the reseacher look for (...) words that were related to food due to the reason that Pampanga is known for its mouthwatering food and delicacies. The dictionary was used as a reference for the translation to the English language. Moreover, various dictionaries were used to look for their translated Filipino language. Due to the rapid changes and modernization, loyalty and love to our own country, specifically language, is slowly fading and dying. With this, the researcher continued the study following the due process. First, she looked for each word related to food in Bergaño’s dictionary. Second, she categorized each food according to rice,grains, seafood, edible animal or insect, fruits and vegetable, herbs, cooking utensils, the process of cooking and preparing food, Pampanga’s delicacies and food, and other terminologies that are related to food. Next, six respondents from Pampanga were invited to join a Zoom meeting. They were asked if which among the words listened to were related to food. Furthermore, the researcher sought if the words used are still being applied or not nowadays. (shrink)

This paper addresses the question of whether rape-law reform should treat all cases of simple rape—nonconsensual sex that does not involve the use or credible threat of physical force—as a serious crime. Of primary concern here are those sexual interactions, often referred to as “date rape” or “acquaintance rape,” where the coercive element is not physical force as evidenced by reasonable resistance. Should, as some feminist reformers have urged, felony rape include sexual interactions that may not be fully consensual but (...) do not include the use of physical force? If so, can convincing answers be provided for due process questions about what constitutes valid consent to sex and how to tell when it is present. This paper warns of the difficulties in determining what counts as evidence of nonconsent and mens rea in light of the “linkage thesis” which takes valid consent in these cases to be bilateral and interactive, and to imply the absence of mens rea. Given the complexity of norms governing these sexual interactions and the high likelihood of reasonable mistakes about consent, this paper contends that criminalizing these cases of simple rape will often result in the unjust treatment of the relevant parties. (shrink)

Elective mathematics has been an extra mathematics subject for pilot students of Eduardo Barretto Sr. National High School for quite some time now. Through this, many alumni testified how this helped them understand senior high school and college math. However, the teachers have also been struggling with the resources for specific areas of mathematics, such as Business Math, Statistics, Analytic Geometry, Trigonometry, and Calculus. When the pandemic hit the Philippines, contextualized learning material aligned with the Most Essential Learning Competencies (MELC) (...) helped elective mathematics teachers. The contextualized learning material was developed from April to August 2020 and was first validated in February 2021 by the students who participated in the pilot testing. However, following the due process, it was suggested that I revalidate the IDEA-formatted Analytic Geometry and Trigonometry instructional material. It examines Eduardo Barretto Sr. National High School mathematics teachers and SDO Calamba City experts' evaluation of the content's topics, objectives, concepts, directions, and activities and the format's prints, illustrations, design, and layout. Participants' perceptions of learning material were assessed using a 4-point Likert Scale survey. Hence, descriptive quantitative design. Participants were surveyed using a 4-point Likert Scale to assess their learning content impression. The findings reveal that the participants found the format and content of the developed learning material to be very satisfactory. The indicators "localized" and "can be done independently" were viewed as Fair and Satisfactory, respectively. The learning material was enhanced by localizing the activities and giving directions that could facilitate self-learning. (shrink)

Sense-certainty is the consciousness that Truth (what is/being) lies in particular external objects. For example, considering that the mountain is true, the tree is true, and so on. But truth is not immediate. Truth is necessarily mediated, i.e. a result, implying that it is arrived at. Thus, if a crime is claimed against someone before a judge, the judge does not accept it immediately as true. The truth of the claim has to be established, arrived at, through due process (...) of presenting evidence, circumstances and arguments. The naïve realist accepts the evidence of his/her senses as true, as does the empirical scientist, but is unaware of the fact that there is process involved in making that determination. Divine Reason acts within all of creation, in which Man participates to some finite degree and, accordingly, is able to articulate that in the world. It is not so clear-cut as this, however, as the understanding would like it to be. The principle of the identity of identity and difference blurs the distinctions between God and Man so that, although the distinction is there, identity is also to be accounted for. It is this principle of simultaneous oneness and difference beyond understanding, and comprehensible only to what Hegel calls Speculative Reason that unlocks the door to the sphere of Spirit, or Absolute Knowledge. This is of course the broader perspective—the real science is in the details. Study of the Phenomenology is useful because it deals with the perspective of Reality from within consciousness and gradually leads to the comprehension of the Concept of which consciousness is only one aspect. (shrink)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its (...) distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

This paper will address the moral implications of non-coercive interrogations in intelligence contexts. U.S. Army and CIA interrogation manuals define non-coercive interrogation as interrogation which avoids the use of physical pressure, relying instead on oral gambits. These methods, including some that involve deceit and emotional manipulation, would be mostly familiar to viewers of TV police dramas. As I see it, there are two questions that need be answered relevant to this subject. First, under what circumstances, if any, may a state (...) agent use deception or manipulation in the course of his or her duties? Second, if there are classes of persons who, by their activities, lose a legitimate expectation for honest-dealing, how are state agents to proceed when the identity of such persons is unclear? (shrink)

This chapter addresses the morality of two types of national security electronic surveillance (SIGINT) programs: the analysis of communication “metadata” and dragnet searches for keywords in electronic communication. The chapter develops a standard for assessing coercive government action based on respect for the autonomy of inhabitants of liberal states and argues that both types of SIGINT can potentially meet this standard. That said, the collection of metadata creates opportunities for abuse of power, and so judgments about the trustworthiness and competence (...) of the government engaging in the collection must be made in order to decide whether metadata collection is justified in a particular state. Further, the moral standard proposed has a reflexive element justifying adversary states’ intelligence collection against one another. Therefore, high-tech forms of SIGINT can only be justified at the cost of justifying cruder versions of signals intelligence collection practiced by a state’s less-advanced adversaries. (shrink)

This article discusses the rights enjoyed by irregular combatants in detention, that is, members of organized groups (who may be fighting an insurgency or engaging in terror attacks) who fail to qualify for POW status. The paradigmatic example of such a detainee would be an al-Qaeda agent.

Speciation is the process by which one or more species arises from a common ancestor, and “macroevolution” refers to patterns and processes at and above the species level – or, transitions in higher taxa, such as new families, phyla or genera. “Macroevolution” is contrasted with “microevolution,” evolutionary change within populations, due to migration, assortative mating, selection, mutation and drift. In the evolutionary synthesis of the 1930’s and 40’s, Haldane , Dobzhansky , Mayr , and Simpson argued that the origin (...) of species and higher taxa were, given the right environmental conditions and sufficient time, the product of the same microevolutionary factors yielding change within populations. Dobzhansky reviewed the evidence from genetics, and argued, “nothing in the known macroevolutionary phenomena would require other than the known genetic principles for causal explanation” . In sum, genetic variation between species was not different in kind from the genetic variation within species. Dobzhansky concluded that one may “reluctantly put an equal sign” between micro- and macroevolution. In this chapter, I review arguments for and against this "neo-Darwinian" consensus on speciation, as well as debates concerning macroevolution and punctuated equilibrium. (shrink)

Due to the wide scope of (in particular linear) homotopy type theory (using quantum natural language processing), a metatheory can be applied not just to theorizing the metatheory of scientific progress, but ordinary language or any public language defined by sociality/social agents as the precondition for the realizability of (general) intelligence via an inferential network from which judgement can be made. How this metatheory of science generalizes to public language is through the recent advances of quantum natural language processing, but (...) the traditional metalogical encodings (of Tarski) is relatively comparable through universes such as the type of types or type of types of types found in the inherent inferentialism of UF/HoTT via infinity-groupoids. The "computational trinity" of proofs=programs=algebra in HoTT also means reason is defined functionally as "what it does" by what it computes (proofs are programs). Following Reza Negarestani's recent book, through the self's self-realizability, achieving self-consciousness and consciousness beyond selfhood, "geistig manifestation" is achieved in the form of general intelligence, but only through an inferential network of social agents intrinsically encoded through computation. (shrink)

Recently, due to the rapid progress of computer technology, researchers develop an effective computer program to enhance the achievement of the student in learning process, which is Intelligent Tutoring System (ITS). Science is important because it influences most aspects of everyday life, including food, energy, medicine, leisure activities and more. So learning science subject at school is very useful, but the students face some problem in learning it. So we designed an ITS system to help them understand this subject (...) easily and smoothly by analyzing it and explaining it in a systematic way. In this paper, we describe the design of an Intelligent Tutoring System for teaching science for grade seven to help students know the 7 characteristics for living things smoothly. The system provides all topics of living things and generates some questions for each topic and the students should answer these questions correctly to move to the next level. In the result of an evaluation of the ITS, students like the system and they said that it is very useful for them and for their studies. (shrink)

Experiments are presented showing that visual search for Mueller-Lyer (ML) stimuli is based on complete configurations, rather than component segments. Segments easily detected in isolation were difficult to detect when embedded in a configuration, indicating preemption by low-level groups. This preemption—which caused stimulus components to become inaccessible to rapid search—was an all-or-nothing effect, and so could serve as a powerful test of grouping. It is shown that these effects are unlikely to be due to blurring by simple spatial filters at (...) early visual levels. It is proposed instead that they are due to more sophisticated processes that rapidly bind contour fragments into spatially-extended assemblies. These results support the view that rapid visual search cannot access the primitives formed at the earliest stages of visual processing; rather, it can access only higher-level, more ecologically-relevant structures. (shrink)

Macroscopic irreversible processes emerge from fundamental physical laws of reversible character. The source of the local irreversibility seems to be not in the laws themselves but in the initial and boundary conditions of the equations that represent the laws. In this work we propose that the screening of currents by black hole event horizons determines, locally, a preferred direction for the flux of electromagnetic energy. We study the growth of black hole event horizons due to the cosmological expansion and accretion (...) of cosmic microwave background radiation, for different cosmological models. We propose generalized McVittie co-moving metrics and integrate the rate of accretion of cosmic microwave background radiation onto a supermassive black hole over cosmic time. We find that for flat, open, and closed Friedmann cosmological models, the ratio of the total area of the black hole event horizons with respect to the area of a radial co-moving space-like hypersurface always increases. Since accretion of cosmic radiation sets an absolute lower limit to the total matter accreted by black holes, this implies that the causal past and future are not mirror symmetric for any spacetime event. The asymmetry causes a net Poynting flux in the global future direction; the latter is in turn related to the ever increasing thermodynamic entropy. Thus, we expose a connection between four different “time arrows”: cosmological, electromagnetic, gravitational, and thermodynamic. (shrink)

No two individuals with the autism diagnosis are ever the same—yet many practitioners and parents can recognize signs of ASD very rapidly with the naked eye. What, then, is this phenotype of autism that shows itself across such distinct clinical presentations and heterogeneous developments? The “signs” seem notoriously slippery and resistant to the behavioral threshold categories that make up current assessment tools. Part of the problem is that cognitive and behavioral “abilities” typically are theorized as high-level disembodied and modular functions—that (...) are assessed discretely (impaired, normal, enhanced) to define a spectral syndrome. Even as biology reminds us that organic developing bodies are not made up of independent switches, we remain often seduced by the simplicity of mechanistic and cognitive models. Developmental disorders such as autism have accordingly been theorized as due to different modular dysfunctions—typically of cortical origin, i.e., failures of “theory of mind” (Baron-Cohen et al., 1985), of the “mirror neuron system” (Ramachandran and Oberman, 2006), of “weak central coherence” (Happe and Frith, 2006) or of the balance of “empathizing” and “systemizing” (Baron-Cohen, 2009), just to list a few. -/- The broad array of autonomic (Ming et al., 2005; Cheshire, 2012) and sensorimotor (Damasio and Maurer, 1978; Maurer and Damasio, 1982; Donnellan and Leary, 1995; Leary and Hill, 1996; Donnellan and Leary, 2012; Donnellan et al., 2012) differences experienced and reported by people with autism have by such theories typically been sidelined as “co-morbidities,” possibly sharing genetic causes, but rendered as incidental and decisively behaviorally irrelevant symptoms—surely disconnected from cognition. But what if the development of cortically based mental processes and autonomous control relies on the complexities and proper function of the peripheral nervous systems? Through such an “embodied” lens the heterogeneous symptoms of autism invites new interpretations. We propose here that many behavioral-level findings can be re-defined as downstream effects of how developing nervous systems attempt to cope and adapt to the challenges of having various noisy, unpredictable, and unreliable peripheral inputs. (shrink)

The patient with Capgras’ syndrome claims that people very familiar to him have been replaced by impostors. I argue that this disorder is due to the destruction of a representation that the patient has of the mind of the familiar person. This creates the appearance of a familiar body and face, but without the familiar personality, beliefs, and thoughts. The posterior site of damage in Capgras’ is often reported to be the temporoparietal junction, an area that has a role in (...) the mindreading system, a connected system of cortical areas that allow us to attribute mental states to others. Just as the Capgras’ patient claims that that man is not his father, the patient with asomatognosia claims that his arm is not really his. A similar account applies here, in that a nearby brain area, the supramarginal gyrus, is damaged. This area works in concert with the temporoparietal junction and other areas to produce a large representation of a mind inside a body situated in an environment. Damage to the mind-representing part of this system (coupled with damage to executive processes in the prefrontal lobes) causes Capgras’ syndrome, whereas damage to the body-representing part of this system (also coupled with executive damage) causes asomatognosia. (shrink)