Korea maintained a dual system of legal education since it imported the American style of legal education under the influence of Japan. The public had conceived it a kind of nerd or dude that had to be engrafted with the national needs as any solution in the face of globalization challenge. This led to a monopoly of legal education in Korea that disturbed the interest holders, those whom are lawyers, law professors, law schools and department of laws and the interested (...) public, into discontention and aggrievance. While law schools in Korea now emphasize a unitary approach for the whole group of lawyers through bar association and law schools, the professors of law department, the other form of grass-root legal education in this soil, perceived that it should include a wide of public interest amenable to its respective concerns. Under this backdrop, the paper explored the French model of judge selection and discussed the inadequacy of current American style to select the judge from the pool of career attorneys. The author also suggests a change of paradigm niggardly upon public inculcation and consensus that best suits the distinct Korean tradition and policy environment of national judicial system. (shrink)

The following abstracts were selected by AJOB-Neuroscience judges as the best submitted to the International Neuroethics Society 2024 Annual Meeting based on merit, novelty, relevance, and contribution to the field of neuroethics. The scores were tallied and the top abstracts appear in alphabetical order by first author surname.

Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the (...) later agent to be the actual cause. Second, the impact of temporal location on causal selection is almost canceled out if the later agent did not violate a norm while the former did. We argue that this is due to the impact that judgments of norm violation have on causal selection—even if the violated norm has nothing to do with the obtaining effect. Third, moral judgments about the effect influence causal selection even in the case in which agents could not have foreseen the effect and did not intend to bring it about. We discuss our findings in connection to recent theories of the role of moral judgment in causal reasoning, on the one hand, and to probabilistic models of temporal location, on the other. (shrink)

In this paper I argue that selection of the best theory of content is not a matter for mere philosophical reflection on the consequences of each theory for our intuitive judgments about content. Rather, the theories must be judged in a different way that is based on the putative roles of content attribution in the behavioural sciences. The ultimate test of any theory of content will be the success of the sciences that adopt it. Furthermore, alternative semantic theories may (...) be seen as complementary rather than antagonistic. Different approaches to content specification may well be compatible, reflecting different but perhaps equally legitimate explanatory goals. (shrink)

A single-blind experiment was conducted on free-responsive spatially non-local perception of free-selective simple photographic targets. One author (the tasker) chose a photographic target not subjected to a priori compiling, and the other author (the perceiver) attempted to unconventionally perceive the target. Feedback was expected prior to a new target being selected. A hundred trials were completed over 11 months. Thirteen judges offered gradings that collectively projected an apparent information requisition yield (AIRY). The AIRY refers to two aspects of the (...) matching of a taskette (a target’s counterpart) with respect to the target based on fuzzy scales from 0% to 100%, graded with an increment of 10%. The type-I or “tangibility” aspect of matching assessed the extent of the resemblance of a taskette to the target in terms of the shape or structural details of the primary physical entity/event. The type-II or “intangibility” aspect of the matching assessed the degree of the reconstruction of a taskette to the target in terms of the feature or functionality of the predominant physical entity/event. A total of 6 taskettes received >50% grades in both type-I and type-II aspects of matching with their respective targets. This outcome may correspond to an effect size of 1.47 if the chance-expectation may give a benchmark proportion of 3 out of 100 trials producing >50% grades in both type-I and type-II aspects of matching. Patterns indicating target interference associated with two trials entail further investigation. The approaches offer new insights to quantifying the band-limited information throughputs of spatially non-local perception. (shrink)

Many philosophical theories of causation are egalitarian, rejecting a distinction between causes and mere causal conditions. We sought to determine the extent to which people's causal judgments discriminate, selecting as causes counternormal events—those that violate norms of some kind—while rejecting non-violators. We found significant selectivity of this sort. Moreover, priming that encouraged more egalitarian judgments had little effect on subjects. We also found that omissions are as likely as actions to be judged as causes, and that counternormative selectivity appears to (...) apply equally to actions and omissions. (shrink)

In Ockham's Razors: A User's Guide, Elliott Sober argues that parsimony considerations are epistemically relevant on the grounds that certain methods of model selection, such as the Akaike Information Criterion, exhibit good asymptotic behaviour and take the number of adjustable parameters in a model into account. I raise some worries about this form of argument.

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

Matthews discusses the role of our ability to make a judgment of taste (judgment of beauty) within Kant's notion of the structure of the mind. In doing this she does not simply rely upon what we can learn from the first part of the third critique, the 'Critique of Aesthetic Judgment', but draws upon Kant's philosophy as a whole, including the first two critiques and the second part of The Critique of Judgment, the 'Critique of Teleological Judgment'. She looks at (...) how the ability to judge beauty links to other aspects of the mind: in particular to our ability to make moral judgments and to our ability to cognize experience, the latter involving a selection of those aspects of nature which lend themselves to the kind of ordering of which our minds are predisposed. Matthews identifies a link in Kant's thinking between creativity and aesthetic judgment. That is, she understands Kant to be saying that aesthetic judgment makes revolutionary ways of thinking possible (p.71). However, in her introduction she writes 'Beauty need not lead to knowledge or moral activity in order to have value in our lives' (p.1). Matthews points out that her aim in this book is to show that the feeling of beauty serves a larger purpose for Kant. The relevant feature of the experience of beauty is its 'ability to orient rational beings in a sensible world'. Her book is dedicated to explaining how the experience of beauty does this. The feeling of beauty, she writes, 'acts as a mediating link between theoretical and practical reason' (p.1). (shrink)

Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should comply with (...) some principles, such as transparency and complete auditability. Nevertheless, these principles are neglected by random procedures in some judicial systems, which are performed in secrecy and are not auditable by the involved parties. The assignment of cases in the Brazilian Supreme Court is an example of such a procedure, for it is performed using procedures unknown to the parties involved in the judicial cases. This article presents a review of how sortition has been historically employed by societies and discusses how Mathematical Statistics may be applied to random procedures of the judicial system, as it has been applied for almost a century on clinical trials, for example. A statistical model for assessing randomness in case assignment is proposed and applied to the Brazilian Supreme Court. As final remarks, guidelines for the development of good randomization procedures are outlined. (shrink)

To manage conflicts between temptation and commitment, people use self-control. The process model of self-control outlines different strategies for managing the onset and experience of temptation. However, little is known about the decision-making factors underlying strategy selection. Across three experiments (N = 317), we tested whether the moral valence of a commitment predicts how people advise attentional self-control strategies. In Experiments 1 and 2, people rated attentional focus strategies as significantly more effective for people tempted to break moral relative (...) to immoral commitments, even when controlling for perceived temptation and trait self-control. Experiment 3 showed that as people perceived commitments to have more positive moral valence, they judged attentional focus strategies to be significantly more effective relative to attentional distraction strategies. Moreover, this effect was partly mediated by perceived differences in motivation. These results indicate that moralization informs decision-making processes related to self-control strategy selection. (shrink)

A testimony is somebody else’s reported experience of what has happened. It is an indispensable source of knowledge. It only gives us historical cognition, however, which stands in a complex relation to rational or philosophical cognition: while the latter presupposes historical cognition as its matter, one needs the architectonic “eye of a philosopher” to select, interpret, and organize historical cognition. Kant develops this rationalist theory of testimony. He also practices it in his own work, especially while theorizing about race as (...) a subject of natural philosophy. In three dedicated essays on this subject, he treats race from the standpoint of a philosophical investigator of nature (Naturforscher), who (as Kant puts it in the first Critique) learns from nature “like an appointed judge who compels witnesses to answer the questions he puts to them.” This view underwrites Kant’s use of travel reports (a type of testimony) in developing and defending his theory of race. (shrink)

The scope of libertarian law is normally limited to the application of the non-aggression principle (NAP), nothing more and nothing less. However, judging when the NAP has been violated requires not only a conception of praxeological notions such as aggression, but also interpretive understanding of what synthetic events count as the relevant praxeological types. Interpretive understanding—or verstehen—can be extremely heterogeneous between agents. The particular verständnis taken by a judge has considerable moral and political implications. Since selecting a verständnis is pre-requisite (...) to applying the NAP, the NAP itself cannot tell us which one we ought morally to choose. Therefore the application of the NAP calls on moral and political considerations outside of the NAP itself. Since some of these are more consistent with an endorsement of the NAP than others, libertarianism is not a “thin” commitment to the NAP alone, but a “thick” commitment to the NAP and other supporting moral and political considerations. (shrink)

In this chapter I give an account of how our judgments of anger often play out in certain political instances. While contemporary philosophers of emotion have provided us with check box guides like “fittingness” and “size” for evaluating anger, I will argue that these guides do not by themselves help us escape the tendency to mark or unmark the boxes selectively, inconsistently, and erroneously. If anger—particularly anger in a political context—can provide information and spark positive change or political destruction, then (...) we have moral reasons to evaluate it properly. But can we? And what are the limitations and errors we often face when evaluating anger? -/- I will begin by laying out the ways in which we evaluate emotions and the moral and epistemic errors we attribute to the angry agent in judgments of disapproval. Then I attempt to answer the question: How do we judge political anger improperly? An improper evaluation, in my view, does not take into account relevant information that is needed to evaluate the anger. An overly generous, uninformed, biased, or selfish process of evaluation produces an improper evaluation. We see this occur when we immediately evaluate anger. I will also identify two social discursive practices of improper evaluation as well as the moral and epistemic errors committed when anger evaluators participate in these practices. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, and (...) also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

This report presents the results of a research project which examined how Polish administrative courts exercise discretionary powers when deciding cases related to business activity. When a business enterprise asks the court to review actions taken by administration, judges decide whether an administrative body has used its powers in accordance with the law. The law in this case includes both the relevant statutory regulations but also more general principles originating from other sources, such as the Constitution or European Union (...) law. It is generally accepted that in such cases courts have discretion, i.e. are able to select legal standards on which to base their judgments and to decide how to apply such standards to the case at hand. This does not mean, of course, that administrative court judges can do what they please. But, within some well-established boundaries, they can select from among various rules and principles those legal standards which apply to the case before them, interpret their meaning, and assess their importance. We aim to understand this process. (shrink)

Randomization is an integral part of well-designed statistical trials, and is also a required procedure in legal systems. Implementation of honest, unbiased, understandable, secure, traceable, auditable and collusion resistant randomization procedures is a mater of great legal, social and political importance. Given the juridical and social importance of randomization, it is important to develop procedures in full compliance with the following desiderata: (a) Statistical soundness and computational efficiency; (b) Procedural, cryptographical and computational security; (c) Complete auditability and traceability; (d) Any (...) attempt by participating parties or coalitions to spuriously influence the procedure should be either unsuccessful or be detected; (e) Open-source programming; (f) Multiple hardware platform and operating system implementation; (g) User friendliness and transparency; (h) Flexibility and adaptability for the needs and requirements of multiple application areas (like, for example, clinical trials, selection of jury or judges in legal proceedings, and draft lotteries). This paper presents a simple and easy to implement randomization protocol that assures, in a formal mathematical setting, full compliance to the aforementioned desiderata for randomization procedures. (shrink)

Recent work in the behavioral sciences asserts that we are subject to a variety of cognitive biases. For example, we mourn losses more than we prize equivalently sized gains; we are more inclined to believe something if it matches our previous beliefs; and we even relate more warmly or coldly to others depending on whether the coffee cup we are holding is warm or cold. Drawing on this work, case law and legal scholarship have asserted that we have reason to (...) select legal norms, or revise existing norms, so as to eliminate the influence of these and other cognitive biases. -/- In this Article, I critically evaluate whether and when this reaction is warranted. I begin by contrasting predominantly descriptive definitions of bias, on which bias is merely deviation from a predictive model, with prescriptive definition of bias, on which biased conduct is conduct that actors ought not do. I then similarly contrast the behavioral-scientific concepts of statistical significance and effect size with the concept of significance required to justify legal conclusions. -/- With this apparatus in place, I go on to consider a variety of examples where legal commentators and decisionmakers have worried about the effects of cognitive bias on law. I argue that many of these cognitive biases (for example, our aversion to losses), while reflecting deviations from behavioral scientists’ models of human behavior, are not normatively objectionable and so give us no reason to revise our legal norms to eliminate their effect. Others (e.g., the effect of judges’ hunger on their decisionmaking), however, constitute biases under both descriptive and prescriptive definitions and therefore give us good reason to revise our legal norms. -/- I conclude by contrasting my conclusion — that evaluation of cognitive biases’ legal significance must explicitly evaluate the normative arguments for and against the model of decisionmaking in question on a case-by-case basis — with the arguments of influential scientists and legal commentators like Daniel Kahneman and John Mikhail, who treat cognitive heuristics and biases as more broadly desirable or objectionable. (shrink)

The question of our place in nature has long been with us. One answer lies in comparing humans with other animals , thereby highlighting the uniquely human. To this end, I examine the distinction between humans and brutes as delineated by Descartes, Kant, and the Chicago pragmatist George Mead. This selection not merely assures a wide-spectrum of opinion still alive today, it marks a general historical shift from the metaphysical dualism of Descartes' mechanical world and spiritual self, to the (...) epistemic dualism of Kant and his double sense of self, finally to Mead's naturalistic monism, in which consciousness emerges naturally from the non-conscious. Apart from illuminating issues current in the animal-rights literature, examining this single topic casts a new light on these figures, especially Kant and Mead . Descartes' dualism is understandable simply given his scientific commitments, and the chasm he found in the human/brute gap was as much a result of this scientific motivation as any religious or moral one. For Kant, brutes lack the power to judge, understand, or reason. But more importantly, they lack autonomy and are therefore without moral worth. The unbridgeable chasm, metaphysical for Descartes, became for Kant primarily moral. Brutes do have representations and desires, however, and, by virtue of being alive, an immaterial principle; Kant consequently rejected Descartes' animal-machine hypothesis. Darwin's account of the human/brute gap and Mead's Darwinistic psychology are discussed. Selfhood and consciousness are unique to humans, although brutes are conscious in another sense. Mead's different uses of 'consciousness' are separated in order to clarify this difference as well as the role of language in the emergence of mind. Mead argued that humans perceive social objects prior to physical objects while brutes perceive none of these, lacking the capacities of universalization and object-manipulation. Like Descartes and Kant, Mead minimized brute experience, thereby maintaining a wide gulf between humans and brutes despite his Darwinian naturalism. (shrink)

Presented at the 2010 Annual Meeting of the Association for Core Texts and Courses, New Brunswick, New Jersey, USA, April 2010. -/- René Descartes’ Discourse on Method is paradoxical in several respects: it was published anonymously, yet is rich in autobiographical detail; further, Descartes insists that “the power of judging well and of distinguishing the true from the false…is naturally equal in all men,” and also that “the world consists almost exclusively of … minds for whom [his method of reasoning] (...) is not at all suitable” (1, 9). The Discourse indicates both that the identity of a particular reasoning subject (such as the author of the text itself) does not matter—because all rational beings could come to the same conclusion if using their reason correctly—and yet also that who one is does indeed matter to showing that one counts as one of the select group of subjects who possess knowledge. The method and its results do not speak for themselves; rather, the author must speak for them, and legitimize his authority in the process. If it were the case that Descartes’ plan did not go beyond “trying to reform [his] own thoughts and building upon a foundation which is completely [his] own” (9), then he might rest content with his own convictions regarding the truth of his conclusions, but if he wants to be recognized by others as possessing knowledge then he must either appeal to existing standards of authority to legitimize his method and its conclusions, or argue for the validity of new ones. Either way, the Discourse demonstrates Michel Foucault’s claims that knowledge production is bound up in a social context that determines what counts as true knowledge and who has the authority to speak about it. Descartes’s text shows an author both boldly presenting revolutionary arguments and methods and revealing his awareness of the difficulties and dangers of resisting the accepted standards of knowledge. It can be used to spark discussion amongst students about whether, even if we believe anyone’s reason might produce knowledge, it is still the case today that only some count as “knowers” according to criteria that are socially determined (e.g., institutional affiliation, status within an institution, the acceptability of certain sorts of projects and methods as legitimate for knowledge). (shrink)

This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have been (...) deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

Today every organization is acting in a dynamic environment and in a world characterised by turbulent change and fierce competition due to technological advancement and the knowledge based economy, an organization must always ready to adapt and transform themselves so as to be able to confront the shifting needs of the new environment, more demanding customers, smarter workers, anticipating ability to changes, accelerating the development of new products, processes and services, changing technologies and customer expectations, businesses have realised the importance (...) of Customer Relationship Management in acquiring new customers, retain existing ones and maximize their lifetime value. The wide spread availability of the internet across the world has led airlines to use their corporate web-sites to bypass travel intermediaries and focus on online communication, information and transaction. The paper considers five dimensions of Web site quality-usability, web site design, service quality, information quality and enjoyment on a sample of 150 respondents from four airlines namely, Air India, Spicejet, Indigo and Jet Airways. Respondents consisted of 40 employed, 80 business men and 30 students. Overall, the majority of respondents are frequent, experienced Internet users and likely to be relatively good judges of Web quality. Analysis of results shows that customers’ priority about airlines website are changing. As the self-service, no-frills and low-cost trend for air travel has grown in recent years, so consumers have been driven less by service quality and more by easy access to good information packaged in an entertaining and fun "wrapper'. More over the airlines have pursued different strategies for their Web sites over the period of study .Air India rated badly for service quality and Jet Airways and Spice jet scored high on service and information quality. The paper suggests that careful management and selection of subjects to be placed on web site can retain the customers and reduce switching intentions. (shrink)

Background: Subgenual cingulate cortex (SCC) responses to self-blaming emotion-evoking stimuli were previously found in individuals prone to self-blame with and without a history of major depressive disorder (MDD). This suggested SCC activation reflects self-blaming emotions such as guilt, which are central to models of MDD vulnerability. -/- Method: Here, we re-examined these hypotheses in an independent larger sample. A total of 109 medication-free participants (70 with remitted MDD and 39 healthy controls) underwent fMRI whilst judging self- and other-blaming emotion-evoking statements. (...) They also completed validated questionnaires of proneness to self-blaming emotions including those related to internal (autonomy) and external (sociotropy) evaluation, which were subjected to factor analysis. -/- Results: An interaction between group (remitted MDD v. Control) and condition (self- v. other-blame) was observed in the right SCC (BA24). This was due to higher SCC signal for self-blame in remitted MDD and higher other-blame-selective activation in Control participants. Across the whole sample, extracted SCC activation cluster averages for self- v. other-blame were predicted by a regression model which included the reliable components derived from our factor analysis of measures of proneness to self-blaming emotions. Interestingly, this prediction was solely driven by autonomy/self-criticism, and adaptive guilt factors, with no effect of sociotropy/dependency. -/- Conclusions: Despite confirming the prediction of SCC activation in self-blame-prone individuals and those vulnerable to MDD, our results suggest that SCC activation reflects blame irrespective of where it is directed rather than selective for self. We speculate that self-critical individuals have more extended SCC representations for blame in the context of self-agency. (shrink)

During the idea generation phase of the design process, designers often search for inspirations in external sources of information, such as photographs, written descriptions and physical examples. These sources have potential to enhance creative performance. However, they sometimes become too attached to particular ideas of external precedents or various examples. It refers to fixation which is identified as inadequate adoption of features from existing examples. Influence of the existing examples on creativity and fixation, specifically textual examples, have been discussed in (...) this research. -/- For the nature of design, researchers highlighted the restructuring process of design problem by new sources because the capabilities and boundaries of design problems are not defined very well. Further, the design problem is not knowable at any specific point. Design knowledge identifies itself by its ambiguity. Many models have been developed for design process. The various numbers of divided phases of the models can be seen as having two main areas: (1) idea generation phase (or “ideation”); (2) later phase for details. Idea generation plays an important role in the design process. It is the area of new and creative configurations on design. -/- Creativity is an integral part of the design process. Designers purpose to achieve original ideas to demonstrate their ability and unique designs. External stimuli or inspirational inputs play important roles to increase creativity. They can support moments of stimulation. Associations between information from memory and external stimuli can contribute to the creation of new meanings. Designers are widely influenced by their surroundings in daily lives. However, each stimulus may not be the part of a more creative result Even if designers want to utilize stimulus as an inspirational source, somehow it may fixate their mind to its surface features and they may lose potential creative contributions of the source. It is called fixation. There is much research that shows significant evidence of conformity effects across the design problems. -/- The given examples to designers may cause higher-level fixation and lower-level creativity or vice versa. Fixation may occur when example solutions are introduced, on the other hand, the designers may create more original ideas as well. There is a need for research to find ways to avoid fixation traps or reduce their adverse impact. Thus, this research focuses on variables of the given example. -/- The following claims show some research areas remained unclear: (1) Some researchers investigated textual examples as - one of the modalities of representation - but did not focus on forms of textual examples. (2) Much research has been conducted with examples which are selected by the researcher. Nevertheless, designers can also choose or produce their own stimuli. There is not much research on this possibility. In this context, my research focuses on the following two variables through two studies (Study 1 and 2): (1) forms of textual examples; (2) self-construction of textual examples. First, most of the studies in the literature have focused on visual presentation and there is not enough research on the content and form of the text. The study of textual examples has still not been awarded enough attention especially as various forms of text. Some forms of text are as follows: keyword, paragraph, sentence, poem. These observations lead me to the following research question: Which forms of textual example increase creativity and reduce fixation more? (Study 1). -/- Second, most of the studies regarding textual examples have used prose or keywords. The poems have been ignored. However, poems imply more meaning with fewer words. The structure of the poems enables more creative narratives than structure of prose. Because unusual organization of words stimulates the readers and draws their attention. This activates the creative performance of the reader. The surrealist poem is the extreme form of this activation. It is random assemblies with headlines and sentences which is cut from newspapers. Thus, novel meaning networks are formed. The method of creating a surrealist poem offers a new way of getting inspiration. It is termed as self-construction practice by this research. Through this method, designers create their own example from the given one. Reconstruction of the text may increase the creative process and prevent fixations from the given text. This suggestion led me to the following research question: If the designers write their own poem instead of a given poem (as a self-construction practice), can they internalize the textual example? In addition, does it produce more creative and less fixated designs? (Study 2). Two experimental studies were planned to partially answer the research questions, in which novice students of architecture were asked to solve two different design problems, under different conditions. All of the experimental sessions were conducted in a design education studio. The participants produced sketches and added a written explanation relating to their designs. Fluency, flexibility and repetition of key attributes were calculated by the researcher. -/- Originality, practicality, understanding of the task and quality were ranked by judges. Study 1 shows us tendencies of using various textual forms. Distinctions of keywords and of poems have appeared among them. This emphasizes the role of keyword and poem in the design process as inspirational sources and provides many tips for their potential use. The keyword also leads to a high degree of fixation. However, a low degree of fixation is observed when poems are presented as inspirational examples. -/- In Study 2, the self-constructed poem seems to support develop more successful design ideas from many perspectives. In the context of the surrealist poem, writing and reading the surrealist poem trigger the designers’ imagination. At first, the words and lines of poems seem unrelated to each other and designers try to relate them and solve the puzzle of meaning. Hence, novel meaning networks are formed. It indicates that surrealist poems are able to activate the creative performance of the designers. Writing their own surrealist poems ,as a self-construction practice, motivated designers to begin to produce by having fun. Motivated designers have stimulated themselves to produce creative ideas. In other words, the self-construction process may be added to the design process models in the earlier part of the idea generation phase which is called as pre-design and warm-up phase. This earlier phase makes designers highly motivated and they internalized the given examples. -/- Following the conclusions, several implications and recommendations for the design process and education are discussed. (shrink)

Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...) philosophers in order to arrive at a more detailed characterisation of conscious musical experience and the role of expectations therein. (shrink)

In this paper, I consider the basis for Kant's praise of Wolff's general logic as "the best we have." I argue that Wolff's logic was highly esteemed by Kant on account of its novel analysis of the three operations of the mind (tres operationes mentis), in the course of which Wolff formulates an argument for the priority of the understanding's activity of judging.

Life on Earth descends from a common ancestor. However, it is likely that there are other instances of life in the universe. If so, each abiogenesis event will have given rise to an independently originated life clade, of which Earth-life is an example. In this paper, I argue that the set of all IOLCs in the universe forms a Darwinian population subject to natural selection, with more widely dispersed IOLCs being less likely to face extinction. As a result, we (...) should expect that, over time, more planets will become inhabited by fewer, more successful IOLCs. (shrink)

This essay deals with a selected part of an epistemological controversy provided by Tūsī in response to the skeptical arguments reported by Rāzī that is related to what might be called "intellectual skepticism," or skepticism regarding the judgments of the intellect, particularly in connection with self-evident principles. It will be shown that Rāzī has cited and exposed a position that seems to be no less than a medieval version of empiricism. Tūsī, in contrast, has presented us with a position that (...) rejects such empiricism. The comparative aim of this essay is to draw attention to some similarities as well as some points of divergence between the kind of skeptical debate we are focusing on here, and some relevant epistemological discussions in the later traditions in the West. ". (shrink)

Beyond the predominant paradigm of an essentially rational human cognition, based on the classical binary logic, we want to propose some reflections that are organized around the intuition that the representations we have of the world are weighted with appreciations, for example affective ones. resulting from our integration into a social environment. We see these connotations as essentially ternary in nature, depending on the concepts underlying neutrosophy: either positive, negative or neutral. This form of representation would then influence the very (...) nature of the cognitive process, which in complex real-world situations, has to deal with problems of a combinatorial nature leading to a number of cases too large for our abilities. Forced to proceed by shortcuts on the basis of heuristics, cognition would use these assessments of the representations it manipulates to decide whether partial solutions are attractive for solving the problem or on the contrary are judged negative and are then quickly rejected. There is still the case of a neutral weighting that allows processing to continue. Thus a neutrosophical conception of our representations of the world explains how our cognition functions in its treatment of combinatorial problems in the form of producing processing accelerating heuristics, both in terms of partial solutions selection and processing optimization. (shrink)

In this article, I advance a novel hypothesis on the evolution of hominin bipedalism. I begin by arguing extensively for how the transition to bipedalism must have been problematic for hominins during the Neogene. Due to this and the fact that no other primate has made the unusual switch to bipedalism, it seems likely that the selection pressure towards bipedalism was unusually strong. With this in mind, I briefly lay out some of the most promising hypotheses on the evolutionary (...) origin of hominin bipedalism and show how most, if not all, fail in the face of the need for an unusually strong selection pressure. For example, some hypotheses maintain that hominins became bipedal so they could use their hands for carrying infants, food, or other valuable objects. But extant apes are able to carry objects in one of their front limbs (while walking with the other three), and thus it does not seem plausible that our hominin ancestors went through the troublesome transition to bipedalism just so they could carry objects a little more efficiently. After I show that past hypotheses are wanting in the face of this challenge, I argue that there is only one selection pressure powerful enough to instigate a strange and problematic evolutionary adaptation like bipedalism, and that is sexual selection. Specifically, from the fact that bipedal locomotion is an important strategy for intimidating others and ascending the dominance hierarchy in extant apes, I argue that for no particular selective reason bipedal locomotion became a signal for high fitness (much as a large and intricate tail became a signal for high fitness for peahens), and this led to the trait being continuously reinforced in spite of all its deleterious fitness consequences. (shrink)

History witnesses alternative approaches to “the proposition”. The proposition has been referred to as the object of belief, disbelief, and doubt: generally as the object of propositional attitudes, that which can be said to be believed, disbelieved, understood, etc. It has also been taken to be the object of grasping, judging, assuming, affirming, denying, and inquiring: generally as the object of propositional actions, that which can be said to be grasped, judged true or false, assumed for reasoning purposes, etc. The (...) proposition has also been taken to be the subject of truth and falsity: generally as the subject of propositional properties, that which can be said to be true, false, tautological, informative, inconsistent,etc. It has also been taken as the subject and object of logical relations, e.g. that which can be said to imply, be implied, contradict, be contradicted, etc. Prima facie, such properties and relations are non-mental and objective. It has also been taken to be the resultants or products of propositional operations, usually mental or linguistic; e.g. judging, affirming, and denying have been held to produce propositions called judgments, affirmations, and negations, respectively. Propositions have also been taken to be certain declarative sentences. Finally,propositions have been taken to be meanings of certain declarative sentences. This essay is an informal, selective, and incomplete survey of alternative approaches to “the proposition” with special attention to the views of the late American philosopher Peter Hare (1935–2008)and of those who influenced him. DOI: 10.5007/1808-1711.2011v15n1p51. (shrink)

The aim of this article is to show how the integration of new nursing assistants in nursing homes in Quebec can be analyzed as a process of “enablement” or identity construction of the recruits by peer group through two specific phases: experienced nursing assistants quickly judge the ability of the recruit to support the heavy workload during the phase known as “orientation”, selecting recruits by this criterion; and they will transmit some informal competences to recruits selected and considered able to (...) be part of the peer group. L’objectif de cet article est de montrer en quoi l’intégration de nouveaux préposés aux bénéficiaires dans les CHSLD au Québec peut être analysée comme un processus d’habilitation, c'est-à-dire de construction identitaire des recrues par le groupe de pairs, à travers deux phases spécifiques : les préposés expérimentés jugent rapidement la capacité de la recrue à supporter la lourde charge de travail durant la phase dite d’ « orientation », en sélectionnant les recrues selon ce critère ; puis ils transmettront certaines compétences informelles aux recrues sélectionnées et considérées comme capables de faire partie du groupe de pairs. (shrink)

The experience of embarrassment was explored in two experiments comparing monolingual and bilingual speakers from cultures varying in the degree of elabo- ration of the embarrassment lexicon. In Experiment 1, narratives in English or Korean depicting three types of embarrassing predicaments were to be rated on their embarrassability and humorousness by Korean-English bilinguals, Korean monolinguals, and Euro-American monolinguals. All groups judged certain predicaments (involving social gaffes) to be the most embarrassing. However, significant group and language differences occurred in judgments of (...) the inten- sity of embarrassment and amusement judgments evoked. Euro-Americans ex- hibited higher overall levels of amusement than the two Korean groups who, in turn, reported higher levels of embarrassment, particularly for certain predica- ment types and contexts (ingroup members present). Further, for the bilinguals, inept performance predicaments in English were judged more embarrassing than those in Korean, whereas all predicament types were judged more amusing when framed with English emotion labels. Bilinguals also appeared to show a heightened embarrassability relative to both monolingual groups. Experiment 2 found lexical selection differences in open-ended responses to embarrassing predicaments depicted in each language, with Euro-Americans preferring to give justifications or use humor to minimize the embarrassment and Korean-English bilinguals preferring to give apologies or say nothing. The findings are interpret- ed to reflect the influence of culturally-mediated schemas guiding the activation and processing of emotion vocabulary. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection (...) cases, although the selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Teleological Theories of mental representation are probably the most promising naturalistic accounts of intentionality. However, it is widely known that these theories suffer from a major objection: the Indeterminacy Problem. The most common reply to this problem employs the Target of Selection Argument, which is based on Sober’s distinction between selection for and selection of . Unfortunately, some years ago the Target of Selection Argument came into serious attack in a famous paper by Goode and Griffiths. (...) Since then, the question of the validity of the Target of Selection Argument in the context of the Indeterminacy Problem has remained largely untouched. In this essay, I argue that both the Target of Selection Argument and Goode and Griffiths’ criticisms to it misuse Sober’s analysis in important respects. (shrink)

This essay examines the concept of leadership as it is commonly understood within the field of leadership studies today. The inquiry is framed by an analysis of three generally accepted definitions of leadership. I look at the selected definitions from four angles, which I call the four dimensions of leadership: the behavioral (what the leader does, or ought to do, that makes it leadership), the asymmetrical (in what sense a leader is different from the others in the group), the social (...) (what it is that the leader is leading), and the teleological (what the direction is). By doing this, I find that these definitions can be problematic, if instructively so. I identify two underlying concerns. The first problem is the tendency to fuse informal and formal leadership into a single concept. I argue that informal and formal leadership can be more helpfully understood, rather, as two separate, if sometimes overlapping, concepts, each needing its own definition and analysis. This is because formal leadership is a functional concept, while informal leadership is not; this entails not only that each type of leader is leading a different type of entity, but also that each is judged by different standards. The second problem is, paradoxically, a bias against leadership. To put this less polemically: scholars who recognize that organizational success can be hindered by excessive emphasis upon hierarchy, and who thus study the dynamics of egalitarian collaboration, can inadvertently generate confusion by allowing the honorific of “leadership” to be applied also to that work. So, I propose definitions of the two key concepts, formal and informal leadership, with the suggestion that this provides a helpful method of sorting leadership scholarship into three categories: formal leadership; informal leadership; and egalitarianism. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in particular, (...) for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

In Emotions, Values & Agency, Christine Tappolet develops a sophisticated, perceptual theory of emotions and their role in wide range of issues in value theory and epistemology. In this paper, we raise three worries about Tappolet's proposal.

Kierkegaard defended romantic motives for marriage at a time in European culture when marriages were still usually arranged for family convenience, status, and social position. The Judge's underappreciated first letter in Either/Or II views romantic love as a bildungs-process that can lead towards neighbor-love, mediating the sharp contrasts that are stressed in his later signed Works of Love.

The base articles in this collection are the result of collecting and reviewing 900 articles and selecting, evaluating and judging the final 780 critical articles that were published last year in various fields. These selected and praiseworthy articles can be considered and examined in various ways. First of all, some writers still consider it part of their scientific duty to responsibly deal with published works. In fact, some readers of the book act like passive Egyptians. They read something and they (...) like it or they do not like it and they do not think much about this pleasant and unpleasant feeling anymore, or they do not have the opportunity to publish their reflections. But the result is the same, others are unaware of the reflection of such a book in their minds. In contrast, some serious readers take a dynamic approach to what they read and enter into a constructive and influential conversation with the author that emerges in the form of criticism. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...) some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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ABSTRACT: Neo-sentimentalism is the view that to judge that something has an evaluative property is to judge that some affective or emotional response is appropriate to it, but this view allows for radically different versions. My aim is to spell out what I take to be its most plausible version. Against its normative version, I argue that its descriptive version can best satisfy the normativity requirement that follows from Moore’s Open Question Argument while giving an answer to the Wrong Kind (...) of Reason Objection. Finally, I argue that the circularity that is involved is not vicious: understood epistemically, neo-sentimentalism remains instructive. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Valeurs et émotions, les perspectives du néo-sentimentalismeVolume 51, Issue 1Christine Tappolet DOI: https://doi.org/10.1017/S0012217312000212Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Valeurs et émotions, les perspectives du néo-sentimentalismeVolume 51, Issue 1Christine Tappolet DOI: https://doi.org/10.1017/S0012217312000212Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Valeurs et émotions, les perspectives du néo-sentimentalismeVolume 51, Issue 1Christine Tappolet DOI: https://doi.org/10.1017/S0012217312000212Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a decisive role in determining (...) criminal liability in particular cases. Contrary to the rule of law, the pardon power is neither constrained nor ruled by law. -/- Here I provide a novel defence of pardon powers, in three steps. First, even an optimal legal code requires suboptimal results in some cases. In such cases there is a “gap” between what is required by the code we should have and what we should do absent that code. Adhering to the code in every gap case is undesirable: while it would avoid suboptimal results, it would create too much unpredictability. Deviating from the code in every gap case is also undesirable: while it would ensure predictability, it would produce too many suboptimal results. The best strategy is to adhere in some cases and to deviate in others, that is, to selectively deviate. The most important thing about selective deviation is that it leads to like cases being treated differently. This is the second step in the argument. Third, pardon powers are an appropriate vehicle for selective deviation. Selective deviation calls for a power that can be used to set aside the code without changing it. It calls for a power that can be used inconsistently. Moreover, it calls for a power that is not in the hands of a body institutionally disposed towards consistency in decision-making, such as the judiciary. That is, it requires a power with features (a)-(c) – a pardon power. -/- This argument overcomes the various objections to pardon powers. Contrary to the objection from the separation of powers, selective deviation is a task better carried out by non-judicial officials. Contrary to the objection from the rule of law, a power of selective deviation must be unconstrained to preserve the law’s guiding function. Overall, the features of pardon powers that seemed to be in tension with the separation of powers and the rule of law turn out to be favoured by those same principles. (shrink)

In an earlier discussion, I argued that Kant's moral theory satisfies some of the basic criteria for being a genuine theory: it includes testable hypotheses, nomological higher-and lower-level laws, theoretical constructs, internal principles, and bridge principles. I tried to show that Kant's moral theory is an ideal, descriptive deductive-nomological theory that explains the behavior of a fully rational being and generates testable hypotheses about the moral behavior of actual agents whom we initially assume to conform to its theoretical constructs. I (...) argued that the moral "ought" is best understood as the "ought" of tentative prediction expressed in the range of uses of the German sollen; and that the degree to which such a theory is well-confirmed is a function of the degree to which we actually judge individual human agents, on a case-by-case basis, to be motivated by rationality, stupidity, or moral corruption in their actions. I assume that a similar case could be made for other major contenders, such as Utilitarianism or Aristotelianism. But there still remains unanswered the question of which of these theories is the best among the available alternatives. To answer this question, further criteria of selection must be invoked. Among these are structural elegance and explanatory simplicity, but even these do not exhaust the desiderata for an adequate moral theory. More pressing in the case of moral theory is the requirement that the theory enable us to understand all the available data of moral experience; that the theory be sufficiently inclusive that in the formulation of its descriptive laws and practical principles, it be capable of identifying as morally significant all the behavior to which moral praise, condemnation, or acquittal is a relevant and appropriate response. (shrink)

Judges are typically tasked to consider sentencing benefits but not costs. Previous research finds that both laypeople and prosecutors discount the costs of incarceration when forming sentencing attitudes, raising important questions about whether professional judges show the same bias during sentencing. To test this, we used a vignette-based experiment in which Minnesota state judges reviewed a case summary about an aggravated robbery and imposed a hypothetical sentence. Using random assignment, half the participants received additional information about plausible (...) negative consequences of incarceration. As predicted, our results revealed a mitigating effect of cost exposure on prison sentence term lengths. Critically, these findings support the conclusion that policies that increase transparency in sentencing costs could reduce sentence lengths, which has important economic and social ramifications. (shrink)

What is the scope of our conscious mental agency, and how do we acquire self-knowledge of it? Both questions are addressed through an investigation of what best explains our inability to form judgemental thoughts in direct response to practical reasons. Contrary to what Williams and others have argued, it cannot be their subjection to a truth norm, given that our failure to adhere to such a norm need not undermine their status as judgemental. Instead, it is argued that we cannot (...) form judgements at will because we subjectively experience them as responses to epistemic reasons, and because this is incompatible with our experiential awareness of direct mental actions, such as instances of imagining. However, this latter awareness does not extend to indirect agency, which relies on epistemic or causal processes as means. Judging may therefore still count as an indirect action - just like, say, breaking a window by throwing a stone. (shrink)

The notion that natural selection is a process of fitness maximization gets a bad press in population genetics, yet in other areas of biology the view that organisms behave as if attempting to maximize their fitness remains widespread. Here I critically appraise the prospects for reconciliation. I first distinguish four varieties of fitness maximization. I then examine two recent developments that may appear to vindicate at least one of these varieties. The first is the ‘new’ interpretation of Fisher's fundamental (...) theorem of natural selection, on which the theorem is exactly true for any evolving population that satisfies some minimal assumptions. The second is the Formal Darwinism project, which forges links between gene frequency change and optimal strategy choice. In both cases, I argue that the results fail to establish a biologically significant maximization principle. I conclude that it may be a mistake to look for universal maximization principles justified by theory alone. A more promising approach may be to find maximization principles that apply conditionally and to show that the conditions were satisfied in the evolution of particular traits. (shrink)

Genes are thought to have evolved from long-lived and multiply-interactive molecules in the early stages of the origins of life. However, at that stage there were no replicators, and the distinction between interactors and replicators did not yet apply. Nevertheless, the process of evolution that proceeded from initial autocatalytic hypercycles to full organisms was a Darwinian process of selection of favourable variants. We distinguish therefore between Neo-Darwinian evolution and the related Weismannian and Central Dogma divisions, on the one hand, (...) and the more generic category of Darwinian evolution on the other. We argue that Hull’s and Dawkins’ replicator/interactor distinction of entities is a sufficient, but not necessary, condition for Darwinian evolution to take place. We conceive the origin of genes as a separation between different types of molecules in a thermodynamic state space, and employ a notion of reproducers. (shrink)