This chapter contains sections titled: I II.

Paul Hirst’s reconceptualization of his epistemology provides a basis for this exploration of the various aspects of the rationale for teaching literature. The article reflects the close analysis of knowledge and the curriculum in his early work and develops insights in his later work. This leads to the identification of five strands that form the rationale for the role of literature within the curriculum. The first strand refers to the knowledge of context, cultural background, or information necessary to engage with (...) many works of literature. The second strand concerns the role of literature in providing pleasure. The third strand considers the role of literature in offering multiple forms of understanding and insight. Strands four and five address the place of literature in the educational context. The fourth strand refers to the possibilities offered for education in language by the close study of literary texts. The fifth strand concerns the honing of the ability to propose and defend arguments in the interpretation of texts as a conduit to the development of one aspect of practical reason. (shrink)

There remains much to be learned from searching exploration of the great authors who have meditated on education. Montaigne is one such thinker and this essay endeavors to draw together the strands of his pedagogy and to demonstrate how they gain purchase in the business of teaching and learning. The article also proposes to supplement his vision with practical examples from fiction and autobiography. Perhaps the most striking theme is the need to be able to decentre from the comfort zone (...) of acquired beliefs and convictions and the crucial role played by conversation in cultivating the intellectual and moral openness in order to do so. At the heart of Montaigne’s writing on education is what can be called a pedagogy of conversation. (shrink)

The contributors to _Somaesthetics and Sport_ explore our embodied experiences of watching and playing sport, including sport’s beauty; the place of exercise in our sense of living a good life; and how we cope with pain and suffering.

Autoinhibition is a design principle realized in many molecular mechanisms in biology. After explicating the notion of a design principle and showing that autoinhibition is such a principle, we focus on how researchers discovered instances of autoinhibition, using research establishing the autoinhibition of the molecular motors kinesin and dynein as our case study. Research on kinesin and dynein began in the fashion described in accounts of mechanistic explanation but, once the mechanisms had been discovered, researchers discovered that they exhibited a (...) second phenomenon, autoinhibition. The discovery of autoinhibition not only reverses the pattern in terms of which philosophers have understood mechanism discovery but runs counter to the one phenomenon-one mechanism principle assumed to relate mechanisms and the phenomena they explain. The ubiquity of autoinhibition as a design principle, therefore, necessitates a philosophical understanding of mechanisms that recognizes how they can participate in more than one phenomenon. Since mechanisms with this design are released from autoinhibition only when they are acted on by control mechanisms, we advance a revised account of mechanisms that accommodates attribution of multiple phenomena to the same mechanism and distinguishes them from other processes that control them. (shrink)

The authors critique C. A. Bowers' argument that education for sustainability must be inspired by the practices of pre-modern cultures, and cannot be promoted through the postmodern pragmatism of Richard Rorty. Environmental education must rather be grounded in contemporary cultural practice. Although Rorty, like many other postmodernists, has shown little concern for the ecological crisis, his approach is potentially applicable to it. What is required is a broadening of focus: the ecological crisis is a crisis of post-Enlightenment humanism as well (...) as of other aspects of modernity. (shrink)

Ambitious targets to reduce greenhouse gas emissions from agriculture have been set by both national governments and their respective livestock sectors. We hypothesize that farmer self-identity influences their assessment of climate change and their willingness to implement measures which address the issue. Perceptions of climate change were determined from 286 beef/sheep farmers and evaluated using principal component analysis. The analysis elicits two components which evaluate identity, and two components which evaluate behavioral capacity to adopt mitigation and adaptation measures. Subsequent Cluster (...) Analyses reveal four farmer types based on the PCA scores. ‘The Productivist’ and ‘The Countryside Steward’ portray low levels of awareness of climate change, but differ in their motivation to adopt pro-environmental behavior. Conversely, both ‘The Environmentalist’ and ‘The Dejected’ score higher in their awareness of the issue. In addition, ‘The Dejected’ holds a high sense of perceived risk; however, their awareness is not conflated with an explicit understanding of agricultural GHG sources. With the exception of ‘The Environmentalist’, there is an evident disconnect between perceptions of agricultural emission sources and their contribution towards GHG emissions amongst all types. If such linkages are not conceptualized, it is unlikely that behavioral capacities will be realized. Effective communication channels which encourage action should target farmers based on the groupings depicted. Therefore, understanding farmer types through the constructs used in this study can facilitate effective and tailored policy development and implementation. (shrink)

The author of this text argues that the methodological issues in bioethics mirrors the experience of moral pluralism in a secular society. The different methods that have been used in the field reflect the different moral views found in a pluralistic society.

To better understand the available publications addressing ethical issues in rural health care we sought to identify the ethics literature that specifically focuses on rural America. We wanted to determine the extent to which the rural ethics literature was distributed between general commentaries, descriptive summaries of research, and original research publications. We identified 55 publications that specifically and substantively addressed rural health care ethics, published between 1966 and 2004. Only 7 (13%) of these publications were original research articles while (12) (...) 22% were descriptive summaries of research and 36 (65%) were general commentaries. The majority of publications examined (55%) were clinically focused while 27% addressed organizational ethics and 18% addressed ethical ramifications of rural health care policy at a national or community level. Our findings indicate that there are a limited number of publications focusing on rural health care ethics, suggesting a need for scholars and researchers to more rigorously address rural ethics issues. (shrink)

[Andrew Williams] It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy (...) over individual endowments. /// [Michael Otsuka] Inequality is intrinsically bad when and because it is unfair. It follows that the ideal of equality is not necessarily realised by a distribution of resources which is envy-free prior to the resolution of risks against which people have an equal opportunity to insure. Even if the upshot of such an ex ante envyfree distribution is just, it is not necessarily fair. (shrink)

Philosophy for International Lawyers: A review of Samantha Besson and John Tasioulas, The Philosophy of International Law by Patrick Capps.

This article offers a comparative study of the approaches of Dworkin and Aristotle to money and the market. For Dworkin the importance of this subject lies in the use he makes of the device of a hypothetical auction to provide the basis of a conception of equality of resources, compatible with liberty, and sustained by his view of ethical individualism. The technical adequacy of Dworkin's auction is considered with the assistance of an insight taken from Aristotle's comments on money, which (...) brings to light the secondary conceptual status of money. Dworkin's attempts to produce a metric of equality of resources are found wanting. It is suggested that Aristotle's insight has repercussions for Dworkin's broader project, as well as implication for any attempt to use the market to provide a sense of value in human affairs. (shrink)

This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it is wrong (...) to assume such a connection, but it is suggested that Green has failed to recognise the connection that can be established between the two disciplines due to the particular way in which law as a practice uses words. The reasons given by Green for seeking to maintain a distinction between ordinary language practice and the language practice of the law are considered and rejected in part I of the essay. The general conclusion is reached that, irrespective of which position is adopted in the philosophy of law, at the point of judgment the philosophy of law and the philosophy of language are inextricably linked in being concerned to account for the same practice. Part II of the essay considers the basic issues for the philosophy of language addressed in Green's article, which are concerned with the search for the mechanism which links a particular meaning to a word. One reading of Wittgenstein's rule skepticism, supported by Dennis Patterson, is to reject the existence of any mechanism interrupting the direct connection between the capacity we possess in our language practice and the capacity we possess in the practice to which our language refers. Patterson provides another target for Green's allegation that theorists who take a position in the philosophy of law from their position in the philosophy of language are committing a fallacy. However, it is pointed out that within the Patterson-Wittgenstein position, there is no possibility of moving from one position to the other since both positions are already necessarily connected. The remaining discussion in Part II then explores the apparently common connection between law and language established within the practice of judgment and within the general view of the nature of language favoured in Patterson's reading of Wittgenstein. It is argued that Wittgenstein's philosophical method may maintain a connection between law and language, and the positions adopted within their respective philosophies, but is incapable of resolving the controversy between competing views of how law/"law" should be understood. By contrast, the practice of judgment is used precisely to resolve controversy. Although this judgment is concerned primarily with a specific part of the law, its significance extends to how we regard the philosophical endeavours that need to provide an account of it. This provides lessons for both the philosophy of language and the philosophy of law. (shrink)

Volume 13, Issue 4, December 2022, Page 626-635.

In 1961, Ernst Mayr published a highly influential article on the nature of causation in biology, in which he distinguished between proximate and ultimate causes. Mayr argued that proximate causes (e.g. physiological factors) and ultimate causes (e.g. natural selection) addressed distinct ‘how’ and ‘why’ questions and were not competing alternatives. That distinction retains explanatory value today. However, the adoption of Mayr’s heuristic led to the widespread belief that ontogenetic processes are irrelevant to evolutionary questions, a belief that has (1) hindered (...) progress within evolutionary biology, (2) forged divisions between evolutionary biology and adjacent disciplines and (3) obstructed several contemporary debates in biology. Here we expand on our earlier (Laland et al. in Science 334:1512–1516, 2011) argument that Mayr’s dichotomous formulation has now run its useful course, and that evolutionary biology would be better served by a concept of reciprocal causation, in which causation is perceived to cycle through biological systems recursively. We further suggest that a newer evolutionary synthesis is unlikely to emerge without this change in thinking about causation. (shrink)

This paper presents Integrated Information Theory (IIT) 4.0. IIT aims to account for the properties of experience in physical (operational) terms. It identifies the essential properties of experience (axioms), infers the necessary and sufficient properties that its substrate must satisfy (postulates), and expresses them in mathematical terms. In principle, the postulates can be applied to any system of units in a state to determine whether it is conscious, to what degree, and in what way. IIT offers a parsimonious explanation of (...) empirical evidence, makes testable predictions, and permits inferences and extrapolations. IIT 4.0 incorporates several developments of the past ten years, including a more accurate translation of axioms into postulates and mathematical expressions, the introduction of a unique measure of intrinsic information that is consistent with the postulates, and an explicit assessment of causal relations. By fully unfolding a system's irreducible cause-effect power, the distinctions and relations specified by a substrate can account for the quality of experience. (shrink)

When we seek a fuller understanding of individual liberty including its relational character, we confront a conundrum. The evident advantages of a single individual possessing liberty cannot be simply transferred to a greater number of beneficiaries. This conundrum is confronted with the resources of Hohfeld's analytical framework, developed specifically to elucidate the practical outworkings of interpersonal relations within the law. Attention is also paid to concerns expressed by von Wright over a representation of liberty (permission) within the resources of standard (...) deontic logic which fails to address its social aspect. The aggregate level of the Hohfeldian scheme is employed to represent a complete picture of liberty, but one that cannot guarantee benefits for a plurality of holders. The conclusion is reached that in order to extend the advantages of individual liberty to all, something other than liberty is required. (shrink)

This essay explores the detailed argument of the Coase Theorem, as found in Ronald Coase’s “The Problem of Social Cost” and subsequently defended by Coase in The Firm, the Market, and the Law. Fascination with the Coase Theorem arises over its apparently unassailable counterintuitive conclusion that the imposition of legal liability has no effect on which of two competing uses of land prevails, and also over the general difficulty in tying down an unqualified statement of the theorem. Instead of entering (...) the debate over what exactly the theorem holds, this article suggests that the core of Coase’s reasoning is flawed and to the extent that any version of the theorem relies upon this reasoning it can be disproved. It is further suggested that a version of the theorem which avoided the need for Coase’s core argument by focusing on “the efficiency thesis” at the expense of “the invariance thesis” would be insufficiently significant to merit the status of a theorem; and that, in any event, Coase’s reasoning does not sustain an efficient outcome. The heart of the essay comprises the allegation of an error made by Coase when he transferred his core argument to the context of economic rents. The essay commences by considering and modelling the nature of the counter-intuitive thrust to the Coase Theorem, which is used to trace the development of Coase’s reasoning, and ultimately to expose the flaw it contains. Ancillary observations are made on the relationship between the Coasean analysis of characteristically legal problems and the conditions of general market equilibrium, and the theoretical status of law-and-economics. (shrink)

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...) This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author’s own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger’s theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights. (shrink)

This essay considers the growing interest in the methodology of jurisprudence in the context of a broader examination of the relationship between legal theory and the practice of law. Attention is drawn to the particular puzzles of how theory can both be independent of and yet inform practice, and how methodology can take a similar stance towards theory. Through a detailed analysis of the methodological positions adopted by Dworkin, Raz, and Coleman and Simchen, the conclusion is reached that methodology is (...) not a resource capable of offering an independent assessment of the merits of competing theories.Mainstream jurisprudential discussion is traced through the Hart-Dworkin debate to assumptions on the relationship between theory and practice initially adopted by Hart and sustained by subsequent contributors. The morbid condition of a prominent part of contemporary jurisprudence is identified with an unwarranted elevation of theory over practice. A more fruitful role for theory is suggested, in expounding the controversies met in the practice of law and considering the potential that exists for resolving them. It is suggested that this approach breaks down an artificial divide between descriptive and normative jurisprudence.A number of ancillary matters are discussed in the essay including: semantic approaches to legal theory, Dworkin’s semantic sting, the distinction between methodological and theoretical elements of Law’s Empire, Dickson on the ‘indirectly evaluative approach’, the position of Hart in his Postscript, and Raz’s split theory of legal reasoning and law. (shrink)

Although psychologist impairment has received attention from researchers, there is a paucity of empirical data aimed at determining the point at which such impairment necessitates action. The purpose of this study was to provide such empirical data. Members of Division 42 ( n = 285) responded to vignettes describing a psychologist whose symptoms of either depression or substance abuse varied across five levels of severity. Results identified specific levels of impairment at which psychologists were deemed too impaired to practice psychotherapy, (...) as well as significant differences between ratings of increasingly severe impairment. Practical and ethical implications of these results are discussed. (shrink)

This article examines the anxiety expressed by von Wright over the status of the deontic permission, P, as an independent normative category, given the interdefinability between P and O at the foundation of deontic logic. Two concerns are noted: the reducibility of P to O, and the inadequacy of P to convey a full permission in a social setting. Drawing on resources from the Hohfeldian analytical framework, the relational and aggregate features of permission are explored, and an aggregate conception of (...) permission, P, is recognized. With the assistance of insights from Demey and Smessaert on duals, Hansson on formalization, and Soames on interdefinability, it is concluded that the interdefinability thesis can be defended without threatening the independent status of P. Additional grounds for reaching this conclusion are provided from a detailed analysis of the relationship between P and P. Some implications of the more expansive notion of permission, P, are considered with regard to the resources of deontic logic and their application. (shrink)

Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson places (...) on his conception of strong democracy, so as to provide a different understanding of the law-power nexus and of the relationship between law and morality operating in strong democracies, is shown to be misplaced. Two related failings are pointed out.First, there is a failure to recognize competing groupings within the people, which contradict the uniform collective body Hutchinson associates with those formerly governed by elites and then constituting those liberated to exercise self-governance. Secondly, this links into Hutchinson’s exclusive preoccupation with the participatory axis of democracy – which he regards as the core feature of strong democracy as well as the basis for the law-power nexus and the law-morality relationship within a strong democracy. This is revealed as an inadequate and impoverished understanding of democracy once the presence of competing groupings within the people is acknowledged. These corrections have important consequences for a role for law that cannot be reduced solely to politics, and for a broader sweep to analytical jurisprudence than Hutchinson allows.Hutchinson’s own efforts to capture the province of jurisprudence are then assessed. These are recharacterized as seeking to establish within a split field of inquiry a theory of strong democratic law, but, in the absence of a convincing account of the nature of democracy and its relationship with law, the project is judged to be unfulfilled. (shrink)

This article considers the role of conceptual analysis in jurisprudence. In responding to the earlier article of Brian Bix, Conceptual Questions and Jurisprudence , 1 Legal Theory 465 , it is agreed that the purpose of the theorist must be identified in order to evaluate the merits of the practice of conceptual analysis, but the approach taken here differs from that proposed by Bix. In particular, it is suggested that Bix is wrong to limit stipulation within conceptual analysis to a (...) default option, and Bix's suggestion that jurisprudential analysis lacks an empirical basis is challenged. The approach developed in this article relies on a clarification of the relationships among terms, concepts, and fields of enquiry. It explores the different relationships that can exist between concepts. Seven general principles of the practice of conceptual analysis are expounded, and the proper scope of an evaluative element within conceptual analysis is considered. A final section briefly examines some of the wider implications of the approach to conceptual analysis proposed in the article. (shrink)

1. A Historical Look at Unity 2. Field Guide to Modern Concepts of Reduction and Unity 3. Kitcher's Revisionist Account of Unification 4. Critics of Unity 5. Integration Instead of Unity 6. Reduction via Mechanisms 7. Case Studies in Reduction and Unification across the Disciplines.

Kevin Williams; In Defence of Compulsory Education, Journal of Philosophy of Education, Volume 24, Issue 2, 30 May 2006, Pages 285–294, https://doi.org/10.1111/.

Across a series of four experiments with 3- to 4-year-olds we demonstrate how cognitive mechanisms supporting noun learning extend to the mapping of actions to objects. In Experiment 1 the demonstration of a novel action led children to select a novel, rather than a familiar object. In Experiment 2 children exhibited long-term retention of novel action-object mappings and extended these actions to other category members. In Experiment 3 we showed that children formed an accurate sensorimotor record of the novel action. (...) In Experiment 4 we demonstrate limits on the types of actions mapped to novel objects. Overall these data suggest that certain aspects of noun mapping share common processing with action mapping and support a domain-general account of word learning. (shrink)

In the maximal form of indirect development found in many taxa of marine invertebrates, embryonic cell lineages of fixed fate and limited division capacity give rise to the larval structures. The adult arises from set‐aside cells in the larva that are held out from the early embryonic specification processes, and that retain extensive proliferative capacity. We review the locations and fates of set‐aside cells in two protostomes, a lophophorate and a deuterostome. The distinct adult body plans of many phyla develop (...) from homologous set‐aside cells within homologous larvae. We argue that the stocks from which these phyla arose utilized these respective larvae, and the diversity of their adult body plans reflects diverse pattern formation processes executed in their set‐aside cell populations. Chordates and arthropods develop directly, but share adult characters with indirectly developing phyla. Thus the deuterostome and protostome stocks that were ancestral to chordates and arthropods, respectively, also utilized maximal indirect development. (shrink)