This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

I Venture to take as the subject for our consideration the philosophical study of politics. However imperfect the treatment of such a subject, it seems to me opportune that attention should at this point of time be directed to the question. The study of politics is of increasing importance in the curricula of our universities and in general adult education. There is also the plain fact that we live in times when a deep unrest of spirit and a great variety (...) of experiment challenge ideas and institutions which have received wide acceptance. There has been, in short, a return to politics. It is well that we should consider afresh the value of the study and the methods by which it is studied. (shrink)

Through a detailed analysis of the various modes of argumentation employed by Aristotle throughout his natural scientific works, I aim to contribute to the growing scholarship on the relation between Aristotle’s theory of science and his actual scientific practice. I challenge the standard reading of Aristotle as a methodological empiricist and show that he permits a variety of non-empirical arguments to support controversial theses in properly scientific contexts. Specifically, I examine his use of logical (logikôs) argumentation in the discussion of (...) mule sterility in Generation of Animals II 8, rational (kata ton logon) argumentation in his discussion of cardiocentrism throughout the biological works, and the method of division in Posterior Analytics II 13. (shrink)

Alternative schools are popular interventions for marginalized students, including students with disabilities, but little research has focused on professionals in these settings. Today, close to 11,000 public alternative schools or programs are believed to exist in the United States education system (Foley & Pang, 2006) and as many as one million students are currently attending alternative learning programs in the United States (Lehr, Tan, & Ysseldyke, 2009). While public alternative schools can vary from one another in many ways, they exist (...) to serve youth marginalized in traditional public settings. In this study, we explore the ways teachers, administrators, and nurses in alternative settings collaborate to support mentally healthy school environments for marginalized student populations. Drawing on the process of rationale development ( Hawley & Crowe, 2016 ; Hawley & Jordan, 2014 ; Shaver, 1977 ; Shaver & Strong, 1982) as rooted in social studies education, we explore the perceived purposes of these professionals as they work with some of the nation's most marginalized children. Through focus groups and one-on-one interviews, the data bridge social studies themes rooted in democracy and equity with special education themes of inclusiveness. This work offers insight into the rationales of teachers and professionals engaged in critical work, and provides a platform for helping professionals undergo the rationale development process. (shrink)

Abstract:This essay explores ways that looming climate change will affect how we think about future winters in New England. By all accounts, by the end of the twenty-first century the depth of the region's winter snow and cold will be much reduced from their historical averages. Drawing upon personal reflection, scientific data, and close readings of iconic New England authors, the essay examines potential future conceptions of the region's winters. I am particularly interested in how the expected warmer winters will (...) demand rereading literary works by iconic figures such as Emily Dickinson, Henry David Thoreau, and Robert Frost. The essay begins with an examination of the role nostalgia has played in popular images of New England winters and argues for a critically informed version of nostalgia that will enable readers to mourn for what they might lose in the future. The concluding section examines the folklore behind the January Thaw. Climate change, I argue, will usher in a period of an ongoing New England thaw to which our poetry and natural history writing will have to adapt. (shrink)

Thomas Reed argues that the Christian, if apprised of Plantinga's central claims in Warranted Christian Belief, should be agnostic regarding Christianity's central tenets. Reed models his argument on Plantinga's own argument against naturalism, according to which naturalists have a built-in defeater for their epistemology. Reed bases his argument on the contention that if Christian theism cannot be shown or demonstrated, rational Christians should refrain from believing. Not only does Reed's contention not follow, but he confuses logically possible defeaters with actual (...) defeaters and ignores Plantinga's claims regarding the Aquinas/Calvin model and the proper basicality of belief in God. (shrink)

This article details an interpretive, qualitative interview study that explored rationales developed by seven social studies graduate students, all experiencedteachers, at a large Midwestern university. Interviews revealed three common themes regarding the influence of the rationale development process. The threethemes were: providing structure, connecting purpose and practice, and improving professionalism. The themes demonstrate the complex nature of articulating a sense of purpose, even for experienced teachers. While similar, there were considerable differences in the ways the participants conceptualized their purposes. Untangling (...) these differences has implications for social studies teacher educators interested in integrating rationale development into their work with experienced teachers. (shrink)

This book is less about disjunction than about the English word ‘or’, and it is less for than against formal logicians—more exactly, against those who maintain that formal logic can be applied in certain ways to the evaluation of reasoning formulated in ordinary English. Nevertheless, there are many things to interest such of those persons who are willing to overlook the frequent animadversions directed against their kind in the book, and this review will concentrate on them.

Modifications of current theories of ordinal, interval and extensive measurement are presented, which aim to accomodate the empirical fact that perfectly exact measurement is not possible (which is inconsistent with current theories). The modification consists in dropping the assumption that equality (in measure) is observable, but continuing to assume that inequality (greater or lesser) can be observed. The modifications are formulated mathematically, and the central problems of formal measurement theory--the existence and uniqueness of numerical measures consistent with data--are re-examined. Some (...) results also are given on a problem which does not arise in current theories: namely that of determining limits of accuracy attainable on the basis of observations. (shrink)

Different inferences in probabilistic logics of conditionals 'preserve' the probabilities of their premisses to different degrees. Some preserve certainty, some high probability, some positive probability, and some minimum probability. In the first case conclusions must have probability I when premisses have probability 1, though they might have probability 0 when their premisses have any lower probability. In the second case, roughly speaking, if premisses are highly probable though not certain then conclusions must also be highly probable. In the third case (...) conclusions must have positive probability when premisses do, and in the last case conclusions must be at least as probable as their least probable premisses. Precise definitions and well known examples are given for each of these properties, characteristic principles are shown to be valid and complete for deriving conclusions of each of these kinds, and simple trivalent truthtable 'tests' are described for determining which properties are possessed by any given inference. Brief comments are made on the application of these results to certain modal inferences such as "Jones may own a car, and if he does he will have a driver's license. Therefore, he may have a driver's license.". (shrink)

How do concepts of topology such as that of a boundary apply to the empirical world? Take the example of a chess board, represented here with black squares in black and red squares in white. We see by looking at the board that the squares of any one color have common boundaries only with squares of the opposite color, but each square has corners in common with other squares of the same color, which are points at which their common boundaries (...) intersect. For example, the white square labelled ‘A’ has common boundaries with the black squares that surround it, and common corners with the white squares like square B that are diagonally adjacent to it. (shrink)

A kind of ‘isomorphism’ is commented on, between the relation of wants to indicative conditionals and the relation of wishes to counter‐factual conditionals. Among other things, it is suggested that Richard Jeffrey’s theory of decision applies equally to degrees of ‘wishedforness’.

Given its non-invasive nature, there is increasing interest in the use of transcutaneous vagus nerve stimulation across basic, translational and clinical research. Contemporaneously, tVNS can be achieved by stimulating either the auricular branch or the cervical bundle of the vagus nerve, referred to as transcutaneous auricular vagus nerve stimulation and transcutaneous cervical VNS, respectively. In order to advance the field in a systematic manner, studies using these technologies need to adequately report sufficient methodological detail to enable comparison of results between (...) studies, replication of studies, as well as enhancing study participant safety. We systematically reviewed the existing tVNS literature to evaluate current reporting practices. Based on this review, and consensus among participating authors, we propose a set of minimal reporting items to guide future tVNS studies. The suggested items address specific technical aspects of the device and stimulation parameters. We also cover general recommendations including inclusion and exclusion criteria for participants, outcome parameters and the detailed reporting of side effects. Furthermore, we review strategies used to identify the optimal stimulation parameters for a given research setting and summarize ongoing developments in animal research with potential implications for the application of tVNS in humans. Finally, we discuss the potential of tVNS in future research as well as the associated challenges across several disciplines in research and clinical practice. (shrink)

The purpose of this note is to dispute Michael Ayers' claim that "there is no special problem of subjunctive conditionals".

Using fMRI, we investigated how right temporal lobe gliomas affecting the posterior superior temporal sulcus alter neural processing observed during speech perception and production tasks. Behavioural language testing showed that three pre-operative neurosurgical patients with grade 2, grade 3 or grade 4 tumours had the same pattern of mild language impairment in the domains of object naming and written word comprehension. When matching heard words for semantic relatedness (a speech perception task), these patients showed under-activation in the tumour infiltrated right (...) superior temporal lobe compared to 61 neurotypical participants and 16 patients with tumours that preserved the right postero-superior temporal lobe, with enhanced activation within the (tumour-free) contralateral left superior temporal lobe. In contrast, when correctly naming objects (a speech production task), the patients with right postero-superior temporal lobe tumours showed higher activation than both control groups in the same right postero-superior temporal lobe region that was under-activated during auditory semantic matching. The task dependent pattern of under-activation during the auditory speech task and over-activation during object naming was also observed in eight stroke patients with right hemisphere infarcts that affected the right postero-superior temporal lobe compared to eight stroke patients with right hemisphere infarcts that spared it. These task-specific and site-specific cross-pathology effects highlight the importance of the right temporal lobe for language processing and motivate further study of how right temporal lobe tumours affect language performance and neural reorganisation. These findings may have important implications for surgical management of these patients, as knowledge of the regions showing functional reorganisation may help to avoid their inadvertent damage during neurosurgery. (shrink)

Attempts to understand farmer conservation behavior based on quantitative socio-demographic, attitude, and awareness variables have been largely inconclusive. In order to understand fully how farmers are making conservation decisions, 32 in-depth interviews were conducted in the Eagle Creek watershed in central Indiana. Coding for environmental attitudes and practice adoption revealed several dominant themes, representing multi-dimensional aspects of environmental attitudes. Farmers who were motivated by off-farm environmental benefits and those who identified responsibilities to others (stewardship) were most likely to adopt conservation (...) practices. Those farmers who focused on the farm as business and were most concerned about profitability were less likely to adopt practices. The notion of environmental stewardship in particular was found to be much more complex than the way it is traditionally measured in quantitative studies. The interplay between on-farm and off-farm benefits to practice adoption is an issue that quantitative studies largely do not address. This study seeks to increase understanding of farmers’ environmental attitudes and the connections to conservation behavior. (shrink)

When Nishida Kitarô wrote Studies of the Good, he was a high school teacher in Kanazawa far from Tokyo, the center of Japanese scholarship. While he was praised for his intellectual effort, there was no substantive agreement about the content of his ideas. Critics disagreed with the way he conceived of reality and of truth as contained in reality. Taken together, I believe that the responses to Nishida's early work give us a window on the state of Japanese philosophy in (...) the early twentieth century. In what follows, I give evidence for the existence of such a debate about the nature of truth and reality. After a sketch of Nishida's position, I outline the positions of two other contemporary thinkers: Katô Hiroyuki and Takahashi Satomi. With respect to Nishida, they offer markedly different takes on the question of universal truth: Katô favors an antireligious, scientific positivism while Takahashi accepts an existentialist notion of radical human finitude, in which human access to any certainty is denied. I conclude that one is confronted with a lively debate by Japanese philosophers inside Japan about the definition of truth and consequently about the nature of reality. (shrink)