In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...) protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

Research suggests that contact with nature can be beneficial, for example leading to improvements in mood, cognition, and health. A distinct but related idea is the personality construct of subjective nature connectedness, a stable individual difference in cognitive, affective, and experiential connection with the natural environment. Subjective nature connectedness is a strong predictor of pro-environmental attitudes and behaviors that may also be positively associated with subjective well-being. This meta-analysis was conducted to examine the relationship between nature connectedness and happiness. Based (...) on 30 samples ( n = 8523), a fixed-effect meta-analysis found a small but significant effect size ( r = 0.19). Those who are more connected to nature tended to experience more positive affect, vitality, and life satisfaction compared to those less connected to nature. Publication status, year, average age, and percentage of females in the sample were not significant moderators. Vitality had the strongest relationship with nature connectedness ( r = 0.24), followed by positive affect ( r = 0.22) and life satisfaction ( r = 0.17). In terms of specific nature connectedness measures, associations were the strongest between happiness and inclusion of nature in self ( r = 0.27), compared to nature relatedness ( r = 0.18) and connectedness to nature ( r = 0.18). This research highlights the importance of considering personality when examining the psychological benefits of nature. The results suggest that closer human-nature relationships do not have to come at the expense of happiness. Rather, this meta-analysis shows that being connected to nature and feeling happy are, in fact, connected. (shrink)

Academics and practitioners: nurses as intellectualsIn the author's experience, nurse educators working in universities generally accept that they are ‘academics’, but dismiss suggestions that they are ‘intellectuals’ because they see it as a pretentious description referring to a small number of academics and aesthetes who inhabit a conceptual world beyond the imaginative capacity of most other people. This paper suggests that the concept of the ‘intellectual’, if not the word itself, be admitted into nursing discourse through the adoption of a (...) non‐élitist Gramscian understanding, similar to the more recently formulated conception of the reflective practitioner. According to the Italian Marxist scholar Antonio Gramsci, intellectuals are those people who develop ways in which to construct the conditions of their own existence, a possibility he believed was open to all. It is suggested that, from a Gramscian perspective, all nurses are intellectuals to varying degrees, and nurse educators should not only be nurturing their own intellectualism but also the potential for intellectualism as it exists within each individual. The ways in which this project are related to Habermasian critical theory are also briefly outlined. (shrink)

A novel problem or task may seem difficult at first, but with enough practice, it can become easy and routine. Practice and the process of learning is often accompanied by some mild cognitive uneas...

The inner ache: an experiential perspective on IonelinessThis paper examines the various theoretical approaches that have informed both the conceptualizations and the research approaches to investigations of loneliness. A focus on phenomenological and existential perspectives of loneliness can assist in an understanding of what is essentially a subjective distressing experience. The elderly, particularly those residing in nursing homes, are vulnerable to feelings of existential loneliness because following busy lives, often they are left without meaningful roles. Concomitant to this sense of (...) loss of meaning is an alteration in the perception of lived time. It is the purpose of this paper to stimulate research into what is a common but profoundly distressing experience. (shrink)

Using touch as a medium for exploring the ways in which it is constructed by nurses, the body is here characterized by a plethora of competing and co‐existing terms: disobedient, obedient, mirroring, stigmatized, sinful, post‐mortem, sanitized, angelic, desexualized, dangerous, dominant, dominating, deceitful, submissive, disciplined, postmodern and communicative. We have tried to be provocative by juxtaposing contradictory messages and evoking conflicting emotions, and we hope that the reader will not assume that we believe everything we write, or that everything may be (...) taken only at face value. There are as many messages and meanings in the paper as each reader thinks there are. (shrink)

Postdisciplinarity in mental health‐care: an Australian viewpointThis paper outlines some of the powerful forces progressively undermining the conceptual and practical foundations upon which the major disciplines have been established, and dissolving the boundaries which have traditionally distinguished them from each other, particularly those disciplines involved in the healthcare enterprise. It discusses some of the implications of these processes for mental health nursing, and champions a new cadre of ‘postdisciplinary’ staff, comprising a graduate generic mental healthcare worker and a postgraduate clinical (...) specialist. It is argued that such a specialist — a ‘Generic Mental Health Worker’— should be welcomed by all those who want to see improved quality of care in mental health services rather than defend a failing system. (shrink)

This paper attempts a critical examination of the thesis that an apprenticeship to a Lancaster druggist was, for Edward Frankland, a wholly inappropriate preparation for a career in chemistry. This view, which stems directly from Frankland himself, is defective in several ways. It fails to take into account certain benefits which he accepted as valuable; it implies an exceptional degree of ‘negligence’ which was in fact quite typical; it ignores certain positive indicators of the value of such experience; and it (...) involves questionable value-judgments on the behaviour of one individual, the druggist Stephen Ross. Although Frankland's perspective may be no longer acceptable, the reasons for its inadequacy are perhaps the most important aspect of the whole affair. Their identification raises questions of historiography of wider significance, while the whole episode underlines certain issues in scientific training that were to become crucial in the growth of Victorian chemistry in Britain. (shrink)

Human beings have a tendency to transform geographical spaces into dwelling places which assume significance in terms of their social, cultural and personal identities. The authors describe the ways in which this occurs, how it is disrupted by a natural disaster - an Australian bushfire - and how the reciprocal relationship between place and person can contribute to personal and communal healing. The discussion draws on a doctoral thesis conducted by the principal author, and is illuminated by excerpts from narratives (...) provided by those who experienced the bushfire. The discussion is informed by insights from phenomenological geography and ecological philosophy. (shrink)

Anthony Giddens’ theory of structuration is a theory of social action, which claims that society should be understood in terms of action and structure; a duality rather than two separate entities. This paper introduces some of the central characteristics of structuration theory, presenting a conceptual framework that helps to explore how people produce the systems and structures that shape their practice. By understanding how people produce and reproduce structures, then there is the potential for changing them. Criticisms that have been (...) raised about the theory are introduced, followed by examples of how the theory might be useful to nursing research. Structuration theory can be employed to explore how nurses produce, reproduce, and transform nursing practice through social interaction across time and space. (shrink)

Kant is often considered to have argued that perceptual awareness of objects in one's environment depends on the subject's possession of conceptual capacities. This conceptualist interpretation raises an immediate problem concerning the nature of perceptual awareness in non-rational, non-concept using animals. In this paper I argue that Kant’s claims concerning animal representation and consciousness do not foreclose the possibility of attributing to animals the capacity for objective perceptual consciousness, and that a non-conceptualist interpretation of Kant’s position concerning perceptual awareness can (...) actively endorse this attribution. Kant can consistently allow that animals have a point of view on the objective world which possesses a distinctive phenomenal character while denying what seems most important to him – viz. that animals have the capacity to take cognitive attitudes towards, and thus self-ascribe, their own representational states. (shrink)

In recent years there has been a resurgence of interest in the work of Emmanuel Levinas, widely recognized as one of the most important yet difficult philosophers of the 20th century. In this much-needed introduction, Davis unpacks the concepts at the centre of Levinas's thought - alterity, the Other, the Face, infinity - concepts which have previously presented readers with major problems of interpretation. Davis traces the development of Levinas's thought over six decades, describing the context in which he worked, (...) and the impact of his writings. He argues that Levinas's work remains tied to the ontological tradition with which he wants to break, and demonstrates how his later writing tries to overcome this dependency by its increasingly disruptive, sometimes opaque, textual practice. He discusses Levinas's theological writings and his relationship to Judaism, as well as the reception of his work by contemporary thinkers, arguing that the influence of his work has led to a growing interest in ethical issues among poststructuralist and postmodernist thinkers in recent years. Comprehensive and clearly written, this book will be essential reading for students and researchers in continental philosophy, French studies, literary theory and theology. (shrink)

Pain asymbolics feel pain, but act as if they are indifferent to it. Nikola Grahek argues that such patients present a clear counterexample to motivationalism about pain. I argue that Grahek has mischaracterized pain asymbolia. Properly understood, asymbolics have lost a general capacity to care about their bodily integrity. Asymbolics’ indifference to pain thus does not show something about the intrinsic nature of pain ; it shows something about the relationship between pains and subjects, and how that relationship might break (...) down. I explore the consequences of such a view for both motivationalism and the categorization of pain asymbolia as a syndrome, arguing for a close link between asymbolia and various forms of depersonalization. (shrink)

Margaret Cavendish (1623-1673) argues that when someone throws a ball, their hand does not cause the ball to move. Instead, the ball moves itself. In this chapter, I reconstruct Cavendish’s argument that material things—like the ball—are self-moving. Cavendish argues that body-body interaction is unintelligible. We cannot make sense of interaction in terms of the transfer of motion nor the more basic idea that one body acts in another body. Assuming something moves bodies around, Cavendish concludes that bodies move themselves. Still, (...) Cavendish needs to explain why bodies appear to causally interact even if they do not really. Balls do not usually throw themselves without a helping hand. I offer a new reading of the way bodies respond to their external circumstances in terms of prerequisites or enabling conditions. (shrink)

The interpretation of functional imaging experiments is complicated by the pluripotency of brain regions. As there is a many-to-one mapping between cognitive functions and their neural substrates, region-based analyses of imaging data provide only weak support for cognitive theories. Price and Friston argue that we need a ‘cognitive ontology’ that abstractly categorizes the function of regions. I argue that abstract characterizations are unlikely to be cognitively interesting. I argue instead that we should attribute functions to regions in a context-sensitive manner. (...) I review recent meta-analyses that approach fMRI data in this light and argue that they have revisionary potential. (shrink)

Colin McGinn presents his latest work on consciousness in ten interlinked papers, four of them previously unpublished. He extends and deepens his controversial solution to the mind-body problem, defending the view that consciousness is both ontologically unproblematic and epistemologically impenetrable. He also investigates the basis of our knowledge that there is a mind-body problem, and the bearing of this on attempted solutions. McGinn goes on to discuss the status of first-person authority, the possibility of atomism with respect to consciousness, (...) extreme dualism, and the role of non-existent objects in constituting intentionality. He argues that traditional claims about our knowledge of our own mind and of the external world can be inverted; that atomism about the conscious mind might turn out to be true; that dualism is more credible the more extreme it is; and that all intentionality involves non-existent objects. These are all surprising positions, but he contends that what the philosophy of mind needs now is 'methodological radicalism' - a willingness to consider new and seemingly extravagant ideas. (shrink)

The Meaning of Disgust is an original study of a fascinating but neglected subject, which attempts to tell the disturbing truth about the human condition.

In The Subjective View,' I defended (unoriginally) a dispositional theory of color and drew out some consequences of that theory. The dispositional theory (DT) maintains, roughly speaking, that for an object to instantiate a color property is for it to have a disposition to cause experiences as of an object having that property in normal perceivers in normal conditions. This theory has notable merits in capturing (assuming one wants them captured) the subjectivity and relativity of ascriptions of color, while allowing (...) that it is external ob- jects themselves that are colored. It makes colors both sense depen- dent and object qualifying.2 But it runs into prima facie problems in giving a plausible account of the phenomenology of color percep- tion, as I ruefully observed in my earlier book (op. cit., pp. 132-37). (shrink)

Until recently, discussion of virtues in the philosophy of mathematics has been fleeting and fragmentary at best. But in the last few years this has begun to change. As virtue theory has grown ever more influential, not just in ethics where virtues may seem most at home, but particularly in epistemology and the philosophy of science, some philosophers have sought to push virtues out into unexpected areas, including mathematics and its philosophy. But there are some mathematicians already there, ready to (...) meet them, who have explicitly invoked virtues in discussing what is necessary for a mathematician to succeed. In both ethics and epistemology, virtue theory tends to emphasize character virtues, the acquired excellences of people. But people are not the only sort of thing whose excellences may be identified as virtues. Theoretical virtues have attracted attention in the philosophy of science as components of an account of theory choice. Within the philosophy of mathematics, and mathematics itself, attention to virtues has emerged from a variety of disparate sources. Theoretical virtues have been put forward both to analyse the practice of proof and to justify axioms; intellectual virtues have found multiple applications in the epistemology of mathematics; and ethical virtues have been offered as a basis for understanding the social utility of mathematical practice. Indeed, some authors have advocated virtue epistemology as the correct epistemology for mathematics (and perhaps even as the basis for progress in the metaphysics of mathematics). This topical collection brings together several of the researchers who have begun to study mathematical practices from a virtue perspective with the intention of consolidating and encouraging this trend. (shrink)

Spinoza claims we can control any passion by forming a more clear and distinct idea of it. The interpretive consensus is that Spinoza is either wrong or over-stating his view. I argue that Spinoza’s view is plausible and insightful. After breaking down Spinoza’s characterization of the relevant act, I consider four existing interpretations and conclude that each is unsatisfactory. I then consider a further problem for Spinoza: how his definitions of ‘action’ and ‘passion’ make room for passions becoming action. I (...) propose two solutions to this problem, both of which yield a hint regarding what act Spinoza has in mind. Using that hint, I propose that we can appreciate Spinoza’s insight by considering how philosophizing about a feeling can 'kill the mood.' The act of grasping how a passion exemplifies certain general truths, I hold, is a distinctly rational activity that has all the features Spinoza describes. I conclude by showing how this interpretation fits with Spinoza’s larger views on rational knowledge, rational joy, the comprehensibility of passions, and the relation between second- and first-order ideas. (shrink)

The one-world interpretation of Kant's idealism holds that appearances and things in themselves are, in some sense, the same things. Yet this reading faces a number of problems, all arising from the different features Kant seems to assign to appearances and things in themselves. I propose a new way of understanding the appearance/thing in itself distinction via an Aristotelian notion that I call, following Kit Fine, a ‘qua-object.’ Understanding appearances and things in themselves as qua-objects provides a clear sense in (...) which they can be the same things while differing in many of their features. (shrink)

Kant’s transcendental idealism hinges on a distinction between appearances and things in themselves. The debate about how to understand this distinction has largely ignored the way that Kant applies this distinction to the self. I argue that this is a mistake, and that Kant’s acceptance of a single, unified self in both his theoretical and practical philosophy causes serious problems for the ‘two-world’ interpretation of his idealism.

The No-Miracles Argument has a natural representation as a probabilistic argument. As such, it commits the base-rate fallacy. In this article, I argue that a recent attempt to show that there is still a serviceable version that avoids the base-rate fallacy fails, and with it all realistic hope of resuscitating the argument.

Pains are subject to obvious, well-documented, and striking top-down influences. This is in stark contrast to visual perception, where the debate over cognitive penetrability tends to revolve around fairly subtle experimental effects. Several authors have recently taken up the question of whether top-down effects on pain count as cognitive penetrability, and what that might show us about traditional debates. I review some of the known mechanisms for top-down modulation of pain, and suggest that it reveals an issue with a relatively (...) neglected part of the cognitive penetrability literature. Much of the debate inherits Pylyshyn’s stark contrast between transducers and cognition proper. His distinction grew out of his running fight with Gibson, and is far too strong to be defensible. I suggest that we might therefore view top-down influences on pain as a species of transducer calibration. This provides a novel but principled way to distinguish between several varieties of top-down effect according to their architectural features. (shrink)

Some vegetative state patients show fMRI responses similar to those of healthy controls when instructed to perform mental imagery tasks. Many authors have argued that this provides evidence that such patients are in fact conscious, as response to commands requires intentional agency. I argue for an alternative reading, on which responsive patients have a deficit similar to that seen in severe forms of akinetic mutism. Akinetic mutism is marked by the inability to form and maintain intentions to act. Responsive patients (...) are likely still conscious. However, the route to this conclusion does not support attributions of intentional agency. I argue that aspects of consciousness, rather than broad diagnostic categories, are the more appropriate target of empirical investigation. Investigating aspects of consciousness provides a better method for investigating profound disorders of consciousness. 1 Introduction2 Responses in the Vegetative State2.1 The imaging evidence2.2 The need for models3 Responsive Patients and Akinetic Mutism3.1 Akinetic mutism3.2 Akinetic mutism as a deficit in intentions3.3 Arguments for the link3.4 Interim conclusion4 Other Models4.1 A deficit in ability?4.2 Modular intentions?5 Consciousness and Method5.1 Are they conscious?5.2 Aspects versus levels. (shrink)

Recent research has begun to investigate sensory processing in relation to nonclinical variation in traits associated with the autism spectrum disorders (ASD). We propose that existing accounts of autistic perception can be augmented by considering a role for individual differences in top-down expectations for the precision of sensory input, related to the processing of state-dependent levels of uncertainty. We therefore examined ASD-like traits in relation to the rubber-hand illusion: an experimental paradigm that typically elicits crossmodal integration of visual, tactile, and (...) proprioceptive information in an unusual illusory context. Individuals with higher ASD-like traits showed reduced effects of the rubber-hand illusion on perceived arm position and reach-to-grasp movements, compared to individuals with lower ASD-like traits. These differences occurred despite both groups reporting the typical subjective experience of the illusion concerning visuotactile integration and ownership for the rubber hand. Together these results suggest that the integration of proprioceptive information with cues for arm position derived from the illusory context differs between individuals partly in relation to traits associated with ASD. We suggest that the observed differences in sensory integration can be best explained in terms of differing expectations regarding the precision of sensory estimates in contexts that suggest uncertainty. (shrink)

Many people believe that there is a Dutch Book argument establishing that the principle of countable additivity is a condition of coherence. De Finetti himself did not, but for reasons that are at first sight perplexing. I show that he rejected countable additivity, and hence the Dutch Book argument for it, because countable additivity conflicted with intuitive principles about the scope of authentic consistency constraints. These he often claimed were logical in nature, but he never attempted to relate this idea (...) to deductive logic and its own concept of consistency. This I do, showing that at one level the definitions of deductive and probabilistic consistency are identical, differing only in the nature of the constraints imposed. In the probabilistic case I believe that R.T. Cox's ‘scale-free’ axioms for subjective probability are the most suitable candidates. 1 Introduction 2 Coherence and Consistency 3 The Infinite Fair Lottery 4 The Puzzle Resolved—But Replaced by Another 5 Countable Additivity, Conglomerability and Dutch Books 6 The Probability Axioms and Cox's Theorem 7 Truth and Probability 8 Conclusion: ‘Logical Omniscience’ CiteULike Connotea Del.icio.us What's this? (shrink)

Consciousness supervenes on activity; computation supervenes on structure. Because of this, some argue, conscious states cannot supervene on computational ones. If true, this would present serious difficulties for computationalist analyses of consciousness (or, indeed, of any domain with properties that supervene on actual activity). I argue that the computationalist can avoid the Superfluous Structure Problem (SSP) by moving to a dispositional theory of implementation. On a dispositional theory, the activity of computation depends entirely on changes in the intrinsic properties of (...) implementing material. As extraneous structure is not required for computation, a system can implement a program running on some but not all possible inputs. Dispositional computationalism thus permits episodes of computational activity that correspond to potential episodes of conscious awareness. The SSP cannot be motivated against this account, and so computationalism may be preserved. (shrink)

This paper offers an answer to Glymour's ‘old evidence’ problem for Bayesian confirmation theory, and assesses some of the objections, in particular those recently aired by Chihara, that have been brought against that answer. The paper argues that these objections are easily dissolved, and goes on to show how the answer it proposes yields an intuitively satisfactory analysis of a problem recently discussed by Maher. Garber's, Niiniluoto's and others’ quite different answer to Glymour's problem is considered and rejected, and the (...) paper concludes with some brief reflections on the prediction/accommodation issue. (shrink)

The demise of behaviorism has made ethologists more willing to ascribe mental states to animals. However, a methodology that can avoid the charge of excessive anthropomorphism is needed. We describe a series of experiments that could help determine whether the behavior of nonhuman animals towards dead conspecifics is concept mediated. These experiments form the basis of a general point. The behavior of some animals is clearly guided by complex mental processes. The techniques developed by comparative psychologists and behavioral ecologists are (...) able to provide us with the tools to critically evaluate hypotheses concerning the continuity between human minds and animal minds. (shrink)

Neuroimaging studies of the resting state continue to gather philosophical and scientific attention. Most discussions assume an identification between resting-state activity and activity in the so-called default mode network. I argue we should resist this identification, structuring my discussion around a dilemma first posed by Morcom and Fletcher. I offer an alternative view of rest as a state dominated by long-term processes and show how interaction effects might thereby let rest shed light on short-term changes in activation.

This article offers the outlines of a historically-informed conception of critical inquiry herein named genealogical pragmatism. This conception of critical inquiry combines the genealogical emphasis on problematization featured in Michel Foucault's work with the pragmatist emphasis on reconstruction featured in John Dewey's work. The two forms of critical inquiry featured by these thinkers are not opposed, as is too commonly supposed. Genealogical problematization and pragmatist reconstruction fit together for reason of their mutual emphasis on the importance of history for philosophy. (...) In so fitting together they repair crucial deficits in both traditions as they currently stand on their own. The resulting conception of critical inquiry as simultaneously problematizational and reconstructive is offered as a first step toward a crucial philosophical task we face today: articulating normativity without foundations. (shrink)

Educational leadership has a rich history of epistemological debate. From the ‘Theory Movement’_ _of the 1950-1960s, through to Greenfield’s critique of logical empiricism in the 1970s, the emergence of Bates’ and Foster’s Critical Theory of educational administration in the 1980s, and Evers’ and Lakomski’s naturalistic coherentism from1990 to the present time, debates about ways of knowing, doing, and being in the social world have been central to advancing scholarship. However, since the publication of Evers’ and Lakomski’s work, questions of the (...) epistemological preliminaries of research have become somewhat marginalised. This is not to suggest that such discussions are not taking place, but rather that they have been sporadic and piecemeal. In _New Directions in Educational Leadership Theory_, the contributors sketch possible alternatives for advancing scholarship in educational leadership. The coherence of this volume comes not from the adoption of a single theoretical lens, but rather from its engagement with epistemology, ontology, and methodology. The choice of the plural ‘alternatives’ is deliberate, and its use is to evoke the message that there is more than one way to advance knowledge. The approaches adopted across this collection offer fruitful directions for the field and hopefully will stimulate substantive dialogue and debate in the interest of advancing knowledge. This book was originally published as a special issue of _Educational Philosophy and Theory. _. (shrink)