Part I: The Life of Cognitive Science:. William Bechtel, Adele Abrahamsen, and George Graham. Part II: Areas of Study in Cognitive Science:. 1. Analogy: Dedre Gentner. 2. Animal Cognition: Herbert L. Roitblat. 3. Attention: A.H.C. Van Der Heijden. 4. Brain Mapping: Jennifer Mundale. 5. Cognitive Anthropology: Charles W. Nuckolls. 6. Cognitive and Linguistic Development: Adele Abrahamsen. 7. Conceptual Change: Nancy J. Nersessian. 8. Conceptual Organization: Douglas Medin and Sandra R. Waxman. 9. Consciousness: Owen Flanagan. 10. Decision Making: J. Frank Yates (...) and Paul A. Estin. 11. Emotions: Paul E. Griffiths. 12. Imagery and Spatial Representation: Rita E. Anderson. 13. Language Evolution and Neuromechanisms: Terrence W. Deacon. 14. Language Processing: Kathryn Bock and Susan M. Garnsey. 15. Linguistics Theory: D. Terence Langendoen. 16. Machine Learning: Paul Thagard. 17. Memory: Henry L. Roediger III and Lyn M. Goff. 18. Perception: Cees Van Leeuwen. 19. Perception: Color: Austen Clark. 20. Problem Solving: Kevin Dunbar. 21. Reasoning: Lance J. Rips. 22. Social Cognition: Alan J. Lambert and Alison L. Chasteen. 23. Unconscious Intelligence: Rhianon Allen and Arthur S. Reber. 24. Understanding Texts: Art Graesser and Pam Tipping. 25. Word Meaning: Barbara C. Malt. Part III: Methodologies of Cognitive Science:. 26. Artificial Intelligence: Ron Sun. 27. Behavioral Experimentation: Alexander Pollatsek and Keith Rayner. 28. Cognitive Ethology: Marc Bekoff. 29. Deficits and Pathologies: Christopher D. Frith. 30. Ethnomethodology: Barry Saferstein. 31. Functional Analysis: Brian Macwhinney. 32. Neuroimaging: Randy L. Buckner and Steven E. Petersen. 33. Protocal Analysis: K. Anders Ericsson. 34. Single Neuron Electrophysiology: B. E. Stein, M.T. Wallace, and T.R. Stanford. 35. Structural Analysis: Robert Frank. Part IV: Stances in Cognitive Science:. 36. Case-based Reasoning: David B. Leake. 37. Cognitive Linguistics: Michael Tomasello. 38. Connectionism, Artificial Life, and Dynamical Systems: Jeffrey L. Elman. 39. Embodied, Situated, and Distributed Cognition: Andy Clark. 40. Mediated Action: James V. Wertsch. 41. Neurobiological Modeling: P. Read Montague and Peter Dayan. 42. Production Systems: Christian D. Schunn and David Klahr. Part V: Controversies in Cognitive Science:. 43. The Binding Problem: Valerie Gray Hardcastle. 44. Heuristics and Satisficing: Robert C. Richardson. 45. Innate Knowledge: Barbara Landau. 46. Innateness and Emergentism: Elizabeth Bates, Jeffrey L. Elman, Mark H. Johnson, Annette Karmiloff-Smith, Domenico Parisi, and Kim Plunkett. 47. Intentionality: Gilbert Harman. 48. Levels of Explanation and Cognition Architectures: Robert N. McCauley. 49. Modularity: Irene Appelbaum. 50. Representation and Computation: Robert S. Stufflebeam. 51. Representations: Dorrit Billman. 52. Rules: Terence Horgan and John Tienson. 53. Stage Theories Refuted: Donald G. Mackay. Part VI: Cognitive Science in the Real World:. 54. Education: John T. Bruer. 55. Ethics: Mark L. Johnson. 56. Everyday Life Environments: Alex Kirlik. 57. Institutions and Economics: Douglass C. North. 58. Legal Reasoning: Edwina L. Rissland. 59. Mental Retardation: Norman W. Bray, Kevin D. Reilly, Lisa F. Huffman, Lisa A. Grupe, Mark F. Villa, Kathryn L. Fletcher, and Vivek Anumolu. 60. Science: William F. Brewer and Punyashloke Mishra. Selective Biographies of Major Contributors to Cognitive Science: William Bechtel and Tadeusz Zawidzki. (shrink)

It is widely thought that focusing on highly skilled movements while performing them hinders their execution. Once you have developed the ability to tee off in golf, play an arpeggio on the piano, or perform a pirouette in ballet, attention to what your body is doing is thought to lead to inaccuracies, blunders, and sometimes even utter paralysis. Here I re-examine this view and argue that it lacks support when taken as a general thesis. Although bodily awareness may often interfere (...) with well-developed rote skills, like climbing stairs, I suggest that it is typically not detrimental to the skills of expert athletes, performing artists, and other individuals who endeavor to achieve excellence. Along the way, I present a critical analysis of some philosophical theories and behavioral studies on the relationship between attention and bodily movement, an explanation of why attention may be beneficial at the highest level of performance and an error theory that explains why many have thought the contrary. Though tentative, I present my view as a challenge to the widespread starting assumption in research on highly skilled movement that at the pinnacle of skill attention to one's movement is detrimental. (shrink)

Drawing on everyday telephone and video interactions, this book surveys how English speakers use grammar to formulate responses in ordinary conversation. The authors show that speakers build their responses in a variety of ways: the responses can be longer or shorter, repetitive or not, and can be uttered with different intonational 'melodies'. Focusing on four sequence types: responses to questions, responses to informings, responses to assessments, and responses to requests, they argue that an interactional approach holds the key to explaining (...) why some types of utterances in English conversation seem to have something 'missing' and others seem overly wordy. (shrink)

Barbara Herman argues for a radical shift in the way we perceive Kant's ethics. She convincingly reinterprets the key texts, at once allowing Kant to mean what he says while showing that what Kant says makes good moral sense. She urges us to abandon the tradition that describes Kantian ethics as a deontology, a moral system of rules of duty. She finds the central idea of Kantian ethics not in duty but in practical rationality as a norm of unconditioned (...) goodness. This book both clarifies Kant's own theory and adds programmatic vitality to modern moral philosophy. (shrink)

The prototypes of definiteness and indefiniteness in English are the definite article the and the indefinite article a/an, and singular noun phrases (NPs)1 determined by them. That being the case it is not to be predicted that the concepts, whatever their content, will extend satisfactorily to other determiners or NP types. However it has become standard to extend these notions. Of the two categories definites have received rather more attention, and more than one researcher has characterized the category of definite (...) NPs by enumerating NP types. Westerståhl (1985), who is concerned only with determiners in the paper cited, gives a very short list: demonstrative NPs, possessive NPs, and definite descriptions. Prince (1992) lists proper names and personal pronouns, as well as NPs with the, a demonstrative, or a possessive NP as determiner. She notes, in addition, that “certain quantifiers (e.g. all, every) have been argued to be definite” (Prince 1992: 299). This list, with the quantifiers added, agrees with that given by Birner & Ward (1998, 114). Ariel (1988, 1990) adds null anaphoric NPs. (shrink)

Kuhn made two attempts at providing an evolutionary analogy for scientific change. The first attempt, in The Structure of Scientific Revolutions , is very brief and unstructured; in this article I discuss some of its weaknesses. Alexander Bird takes this attempt more seriously and provides a criticism based on oversimplified evolutionary assumptions. These assumptions prove to be inadequate for the second, more articulate, evolutionary analogy suggested by Kuhn in “The Road since Structure.” I argue, however, that this second Kuhnian attempt (...) is undermined by his inadequate view of biological progress and by his misunderstanding of the concept of ecological niche. *Received April 2008. †To contact the author, please write to: School of Politics, International Studies, and Philosophy, Queen’s University Belfast, 21 University Square, Belfast, BT7 1PA Northern Ireland; e‐mail: [email protected]. (shrink)

Partee (1973) discussed quotation from the perspective of the then relatively new theory of transformational grammar.2 As she pointed out, the phenomenon presents many curious puzzles. In some ways quotes seem quite separate from their surrounding text; they may be in a different dialect, as in her example in (1), (1) ‘I talk better English than the both of youse!’ shouted Charles, thereby convincing me that he didn’t. [Partee (1973):ex. 20] or even in a different language, as in (2): (2) (...) Louise said ‘Je voudrais un auto-da-f´e’, but I didn’t know what she meant. (shrink)

This collection breaks new ground in four key areas of feminist social thought: the sex/gender debates; challenges to liberalism/equality; feminist ethics; and feminist perspectives on global ethics and politics in the 21st century. Altogether, the essays provide an innovative look at feminist philosophy while making substantive contributions to current debates in gender theory, ethics, and political thought.

Being White, Being Good focuses on white complicity and white complicity pedagogy. It examines the shifts in our conceptualization of the subject, language and moral responsibility that are required for understanding white complicity and draws out implications for social justice pedagogy.

The organ donor shortfall in the UK has prompted calls to introduce legislation to allow for presumed consent: if there is no explicit objection to donation of an organ, consent should be presumed. The current debate has not taken in account accepted meanings of presumption in law and science and the consequences for rights of ownership that would arise should presumed consent become law. In addition, arguments revolve around the rights of the competent autonomous adult but do not always consider (...) the more serious implications for children or the disabled. (shrink)

This book is an interdisciplinary exploration of the notion of childhood and its place in philosophical education. Childhood is not seen as a developmental state that needs to be overcome, but rather an existential state that constitutes a significant part of being human as well as the (forgotten) dimension of the world itself.

The excessive faith liberal theorists have had in the power of rights and rights discourse can have deleterious consequences for children. As vulnerable and dependent beings, children need to be nurtured with love and affection in a setting in which intimate relationships between parents and children can flourish. A rights‐based discourse is conceptually ill‐equipped to accommodate the importance of establishing and supporting caring relationships. An ethic of care, emphasizing responsibilities over rights, provides a better way of conceptualizing and responding to (...) the interests of children than thinking of children as proto‐adults with rights especially that to autonomy. (shrink)

This article examines identity narratives of adult adoptees who have undergone dislocations which make impossible the construction of a seamless narrative of origin. Focusing on the dynamic between their experience of uprootedness and the modernist compulsion for a `fundamental ground' that is `beyond the reach of play', we argue that the pressure to fix identity operates to expose both the tenuousness of the concept of a center or ground and the problems with the postmodernist impulse to celebrate a vision of (...) identity as only play. Identity narratives of adoptees engage both cultural discourses of authenticity and the emotional resonance of these discourses as subjects reformulate the stories of their lives. These reformulations allow us to examine what it means to move beyond conventional understandings of identity as either mobile or fixed to a more complex view that encompasses interrupted movement and the dissonance of multiple forms of rootedness. (shrink)

Trust is essential in human relationships including those within healthcare. Recent studies have raised concerns about patients’ declining levels of trust. This article will explore the role of trust in decision-making about cardiopulmonary resuscitation (CPR). In this research thirty-three senior doctors, junior doctors and division 1 nurses were interviewed about how decisions are made about providing CPR. Analysis of these interviews identified lack of trust as one cause for poor understanding of treatment decisions and lack of acceptance of medical judgement. (...) Two key implications emerged from the analysis. First, before embarking on a discussion about CPR it is essential to establish trust between the doctor and the patient/family. Secondly, it is essential that the CPR discussion itself does not undermine trust and cause harm to the patient. (shrink)

In John Locke's Two Treatises of Government, the state of nature, and more particularly natural man, are created within the tradition of natural law. Several commentators, such as James Tully and Karl Olivecrona, have recognized this legacy in Locke's political thought.1 While providing an analysis of Locke's thought in relation to natural law, such studies, however, have not fully examined the global context within which both the Two Treatises and seventeenth-century natural law developed. Consequently the extent to which natural law (...) theorists, such as Hugo Grotius and Samuel Pufendorf, were influenced by the colonial interests of their particular countries of origin has been largely overlooked. The development of natural law theory, which can be traced back to the time of Cicero and beyond, is transformed during the sixteen hundreds by the need to answer new questions posed, both on sea and land, by the expanding colonial empires of Europe. Thus, in considering the natural law theorists who influenced Locke, it will be necessary to examine how colonialism influenced both the questions which were posed and the answers that were given. (shrink)

Background Citizen science and models for public participation in health research share normative ideals of participation, inclusion, and public and patient engagement. Academic researchers collaborate in research with members of the public involved in an issue, maximizing all involved assets, competencies, and knowledge. In citizen science new ethical issues arise, such as who decides, who participates, who is excluded, what it means to share power equally, or whose knowledge counts. This article aims to present an ethics framework that offers a (...) lens of understanding and heuristic guidelines to deal with ethical issues in citizen science. -/- Methods We conducted seven case studies between 2015 and 2021 to attune and validate the ethics framework for the context of citizen science. The cases related to studies with older adults, people with a psychiatric vulnerability, people dependent on community care, people who are unemployed or living in poverty or both, and young adults with respiratory disease. -/- Results Ethics in citizen science reaches beyond the ethical issues in traditional biomedical and health research. It entails more than following procedures about informed consent and privacy and submitting a proposal to a Medical Research Ethics Committee. Ethics in citizen science relates to everyday ethical issues during the study, including relational and moral complexities concerning collaboration, sharing power, and democratic decision-making. Dealing with these issues requires ethics work of researchers. This entails seeing ethically salient issues and reflecting on everyday ethical issues. Ethics work consists of seven features: framing work, role work, emotion work, identity work, reason work, relationship work, and performance work. All are relevant for researchers in citizen science. -/- Conclusions Ethical issues in citizen science often relate to power differentials, partnership, and collaboration between academics and non-academics. The ethics framework prepares researchers for the work needed in citizen science to act responsibly and offers a heuristic guide to reflect on ethics. Reflection on ethics is a pathway towards ethical citizen science, especially if researchers collaboratively reflect in partnership with non-academics who are subject to the moral issue. (shrink)

This paper aims to investigate the relationship between Italian teachers’ well-being, socio-demographic characteristics and professional background. Using data from the 2015 wave of the Program for International Student Assessment (PISA) we considered information collected by the questionnaire completed by a total of 6,491 teachers in the sampled schools. Moving from existing literature on teachers’ well-being, we investigate several aspects related to the teachers’ working environment, career motivation and investment, and job satisfaction. We assess the variability in the observed outcomes attributable (...) to school factors and heterogeneity between disciplines. Measurement models are combined in a multilevel setting in order to define teachers’ well-being on a broad perspective while accounting for the multiple sources of heterogeneity due to several factors (e.g., discipline, teacher professional background, and individual differences) occurring at different levels of the data structure. In general, results show that the teachers’ positive perception of the working environment in terms of availability of adequate human and physical resources, and professional development opportunities, provide a substantial state of well-being at work, and are related to teachers’ job satisfaction. Moreover, results highlight the key role of transformational leadership in defining a teacher’s well-being. Findings and implications are discussed. (shrink)

Background: Reliance on moral principles and professional codes has given nurses direction for ethical decision-making. However, rational models do not capture the emotion and reality of human choice. Intuitive response must be considered. Research purpose: Supporting intuition as an important ethical decision-making tool for nurses, the aim of this study was to determine relationships between intuition, years of worked nursing experience, and perceived ethical decision-making ability. A secondary aim explored the relationships between rational thought to years of worked nursing experience (...) and perceived ethical decision-making ability. Research design and context: A non-experimental, correlational research design was used. The Rational Experiential Inventory measured intuition and rational thought. The Clinical Decision Making in Nursing Scale measured perceived ethical decision-making ability. Pearson’s r was the statistical method used to analyze three primary and two secondary research questions. Participants: A sample of 182 emergency nurses was recruited electronically through the Emergency Nurses Association. Participants were self-selected. Ethical considerations: Approval to conduct this study was obtained by the Adelphi University Institutional Review Board. Findings: A relationship between intuition and perceived ethical decision-making ability ( r =.252, p =.001) was a significant finding in this study. Discussion: This study is one of the first of this nature to make a connection between intuition and nurses’ ethical decision-making ability. Conclusion: This investigation contributes to a broader understanding of the different thought processes used by emergency nurses to make ethical decisions. (shrink)

This article draws insights from a case study examining unanswered health questions of residents in two polluted towns in an industrial region in southern France. A participatory health study, as conducted by the author, is presented as a way to address undone science by providing the residents with relevant data supporting their illness claims. Local residents were included in the health survey process, from the formulation of the questions to the final data analysis. Through this strongly participatory science process, the (...) townspeople offered many creative ideas in the final report for how the data could be used to assist in improving their health and environment and policy work is already in evidence, resulting from the study. Drawing from the literature on participatory science and expertise as well as from the initial outcomes of the local health study, I propose that SPS produces a form of knowledge justice. Understanding knowledge and its making as part of a social justice agenda aligns well with environmental justice frames. Through SPS, local residents have a hermeneutical resource to make sense of their embodied lives and augment their claims with strong data supporting actions for improving their health and environment. (shrink)

The ancient history of flamenco is pure hypothesis, partly owing to the “ Dark Ages “ which shrouded the folk expression of a large portion of Andalusia from soon after the victory of the Catholic Kings at Granada in 1492 until the emancipation laws of Charles III in 1783. Although flamenco as such is a product of the nineteenth century, the hypothesis may be taken right back to pre-Iberian days when there was a flourishing civilization in the south of Spain, (...) with its capital, Tartessos, more or less where Seville—or Cadiz—is now, perhaps the first Empire in the West. The Iberians inhabited the north and the east but the towns along the Andalusian coast were founded by Phoenicians from Tyre (Cadiz) and Phocaeans from Asia Minor (Málaga). During the Celtic invasions the south was held by Carthage until Andalusia finally became Roman as a result of the Punic wars. (shrink)

There is a growing body of literature which argues that the two major theories of liberal citizenship (those of John Locke and J.S. Mill) were deeply enmeshed with both colonization (the processes by which the imperial state takes over the land and/or sovereignty of another country) and colonialism (the theoretical framework by which colonization is justified). This article, builds upon this literature but asks whether the existence of hundreds of domestic colonies within (as opposed to outside) the borders of Britain (...) and British settler states for citizens (as opposed to foreigners) at the turn of the twentieth century challenges the scope and definition of 'colonialism' in previous literature. Liberal colonialism, it is argued, seeks to transform those deemed to be 'idle', 'irrational' and/or custom bound, both at home and abroad, into 'industrious and rational' citizens. Domestically this meant housing the idle poor and mentally ill/disabled in labour and farm colonies, respectively in order to break them free through segregation from their bad customs/habits and teaching them, through education and agrarian labour, to become proper citizens. Ultimately, it is hoped that this analysis will help to explain how liberal states could come to embrace rather than reject within their own borders such deeply illiberal practises as segregation and assimilation against 'internal' others well into the twentieth century. (shrink)

This main aim of this paper is to prove that in a direct commutative BCK-algebra an ideal I is nitely generated if and only if I is a principal ideal. This result generalizes the result obtained by E. Y. Deeba in [2]. We also give an answer to the question posed by E. Y. Deeba in [1]: for what class of BCK-algebras is every Noetherian algebra a principal ideal algebra ?

In this paper we shall give a characterization of D-algebras in terms of lattice ordered abelian groups. To make this paper self-contained we shall recall some notations from [4]. The symbols !; ^; _; serve as implication, conjunction, disjunction, and negation, respectively. By D we mean a set of connectives from the list above containing the implication connective !. By a D-formula we mean a formula built up in a usual way from an innite set of the propositional variables and (...) connectives from D. (shrink)

Der Text widmet sich dem Umstand, dass wir alle Bewohner dieser Erde sind. Er lässt sich dabei von der Frage leiten, ob bzw. inwiefern es wissenschaftliche Texte geben könnte, die die uns alle angehende »Erde« so zur Darstellung kommen lassen, dass wir dadurch berührt und verändert werden können. In diesem Zuge wird der Wert bzw. die Notwendigkeit einer Logik des Wohnplatzes – im Gegensatz zu einer solchen des Schauplatzes – vorgestellt sowie einer entsprechenden Sprache. Als Material zur Entfaltung des Gedankengangs (...) dienen Erfahrungsberichte von Menschen, die die Erde vorübergehend verlassen haben: Astronauten. The text focuses on the fact that we all inhabit this earth. It is guided by the question whether and to what extent there might be scholarly texts, which depict the »earth« – which concerns us all – in such a way that it touches and changes us. In this context, the value or the need for a logic of living space – in contrast to a logic of spaces of display – and a corresponding language is presented. Reports by people who have temporarily left the earth – astronauts – serve as material for the development of this line of thought. (shrink)

Within the relevant semantics and pragmatics literature the terms “presupposition” and “conventional implicature” are used in a variety of different, but frequently overlapping, ways. The overlaps are perhaps not surprising, given that the two categories of conveyed meaning share the property of remaining constant in the scope of other operators—the property usefully characterize as projectivity. One of my purposes in this paper will be to try to clarify these different usages. In addition to that we will explore two additional properties (...) which are shared by some of these projective contents—strong contextual felicity, and neutralizability. The idea is to try to explain all three properties by taking into account information packaging. (shrink)

A real is called properly n-generic if it is n-generic but not n+1-generic. We show that every 1-generic real computes a properly 1-generic real. On the other hand, if m > n ≥ 2 then an m-generic real cannot compute a properly n-generic real.

Frederick Douglass (1818?1895) was the most significant African?American leader of the nineteenth century. Secretly acquiring literacy as a slave, he grew into a brilliant speaker whose essential genius was to articulate and impeach the ideologies of the day. Douglass was one of the foremost defenders of black emancipation and women?s rights. He developed a dual philosophy of resistance and integration. He taxed blacks with the need for self?reliance; he recalled whites to the justice of racial equality. Freedom would be won (...) by securing to all workers, white or black, the fruit of their labour. Economic progress and enhanced social equality would be achieved by hard work, thrift, education and sobriety. Underlying all his thought and action was an ideology of free labour conjoined with republicanism. He early embraced the ideal of moral suasion. As the prospect of civil war loomed, he accepted the legitimacy of violence ? in self?defence, and to liberate the slaves. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sophistics, Rhetorics, and Performance; or, How to Really Do Things with WordsBarbara CassinTranslated by Andrew Goffey"How to do things with words?" How can you really do things with nothing but words? It seems to me that sophistics is in a way the paradigm of discourse that does things with words. Doubtless it is not a "performative" in Austin's sense of the word, although Austin's sense varies considerably in extension (...) and intension. But it is for real a discourse that operates, that transforms or creates the world, and has what I call a "world effect."Making the connection with performativity is all the more tempting, as epideixis, the word that serves in Plato to designate sophist discourse, cannot be rendered better than by "performance," on condition that "performance" is also understood in the sense of contemporary aesthetics as a "happening," an "event," an improvisation that requires engagement (Gorgias is the inventor of discourse ex tempore, according to Philostratus)—something like an "exploit."1"Performative" is Austin's own invention, acclimated to French by Austin himself at a colloquium held at Royaumont (Austin 1962); thereafter it was immediately adopted and popularized by Émile Benveniste (1966). "Performance" is a much older term, which, after ceaseless borrowings to and fro between English and French, has seen its meaning shifted and extended accordingly. Klein's Comprehensive Etymological Dictionary of English Language (Klein 1971) maintains that in English "performer" [End Page 349] was coined from Old French parfournir (from medieval Latin perfurnire) and/or parformer; in addition French borrowed the term at least three times, if the Dictionnaire culturel de la langue francaise (Rey 2005) is to be believed: in 1869, by analogy with the vocabulary of horse races to mean the "manner of developing a subject, of executing a work in public"; in 1953, to denote "individual result in the accomplishment of a task"; and in 1963, in the wake of Chomsky, to mean the opposite of "competence." In sum, the word is a fluid, bilingual term that bridges sport (performance in the sense of a record), technique (performance in the sense of the output of a machine), psychology (performance of a test), linguistics (performance/competence), and modern art (performance in the sense of happening).Let us start with the relationship between performance and performative. It is a way to interrogate the status of rhetorics, for which Austin, without naming it, reserves a somewhat unstable place between the "locutionary" on the one hand and the "illocutionary" or performative on the other, calling it the "perlocutionary" ("per" precisely as in "performative").2But it is not of Austin that I will speak. Austin is simply the contemporary frame of reference that informs us today: he "invented" the performative as such for us, by trying to isolate it. And he never hides the difficulty, the permeability, of his taxonomy. Just one citation is enough to show the difficulty. In the seventh lecture of the twelve that make up How to Do Things with Words (quite late then) he writes: "It is time [...] to make a fresh start on the problem. We want to reconsider more generally the senses in which to say something may be to do something, or in saying something we do something (and also perhaps to consider the different case in which by saying something we do something). Perhaps some clarification and definition may help us out of our tangle. For after all, 'doing something' is a very vague expression. When we issue any utterance whatsoever, are we not 'doing something'?" (1975, 91–92).In the framework of the generalized theory of speech acts, the difference between the locutionary, the illocutionary, and the perlocutionary has for a long time been in a "tangle". It is not so easy to differentiate between the three. All three are, precisely, "acts" of language, and without doubt the categories are at once abstract, slippery, and overlapping. The "locutionary" or "constative," a "normal" statement, is an utterance that "says something"; it is an "act of saying something" (1975, 100): "The cat is on the mat" has a meaning (both a "sense" and a "reference") and is susceptible of being either true or false. For... (shrink)

This essay uses Garland’s framework from The Culture of Control to suggest an agenda for critical penology. This includes, as well as the analysis of choices actually made and the cultural repertoire actually available, describing and advocating other possible choices, and analysing the conditions of possibility for the adoption of other (better) policies and practices; and examining the implications for the future of choices which are currently being made. Carlen’s Women and Punishment: The Struggle for Justice and Garland’s edited collection (...) Mass Imprisonment in the USA are examples of these penologies. Another way in which penologists, social theorists and philosophers can attempt to influence policy choices is to contribute to enlargement of the available cultural repertoire. The development and promotion of restorative justice is given as one example of this; another is work by philosophers such as Duff, Matravers and Norrie which addresses questions such as the source, nature and limits of penal communities; the basis of political obligation, and the relational nature of responsibility for crime. (shrink)

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)