Research on the perception of silence has led to insights regarding its positive effects on individuals. We conducted a series of studies during which individuals were exposed to several minutes of silence in different contexts. Participants were introduced to different social and environmental settings, either in a seminar room at a university or in a city garden, alone or in a group. Instructions across studies varied, as participants were exposed to real waiting situations, were asked to just think and to (...) explicitly experience the time interval without further instructions or following a session of Depth Relaxation Music Therapy (DRMT)/ Hypnomusictherapy (HMT). Silence was judged to significantly increase relaxation, improve mood states, and alter the perception of time and the orientation towards the present moment. We controlled for influences of trait variables, such as impulsivity, mindfulness, daydreaming, and time perspective. Findings empirically demonstrate that exposure to silence can be effective in therapeutic and educational contexts to promote relaxation and well-being. (shrink)

Introduction 1 P. D. Magnus and Jacob Busch 1. Form-driven vs. Content-driven Arguments for Realism 8 Juha Saatsi 2. Optimism about the Pessimistic Induction 29 Sherrilyn Roush 3. Metaphysics between the Sciences and Philosophies of Science 59 Anjan Chakravartty 4. Nominalism and Inductive Generalizations 78 Jessica Pfeifer 5. Models and Scientific Representations 94 Otávio Bueno 6. The Identical Rivals Response to Underdetermination 112 Gregory Frost-Arnold and P. D. Magnus 7. Scientific Representation and the Semiotics of Pictures 131 Laura Perini (...) 8. Philosophy of the Environmental Sciences 155 Jay Odenbaugh 9. Value Judgements and the Estimation of Uncertainty in Climate Modeling 172 Justin Biddle and Eric Winsberg 10. Feminist Standpoint Empiricism: Rethinking the Terrain in Feminist Philosophy of Science 198 Kristen Intemann 11. Naturalism and the Enlightenment Ideal: Rethinking a Central Debate in the Philosophy of Social Science 226 Daniel Steel 12. New Approaches to the Division of Cognitive Labor 250 Michael Weisberg. (shrink)

We study probabilistically informative (weak) versions of transitivity by using suitable definitions of defaults and negated defaults in the setting of coherence and imprecise probabilities. We represent p-consistent sequences of defaults and/or negated defaults by g-coherent imprecise probability assessments on the respective sequences of conditional events. Moreover, we prove the coherent probability propagation rules for Weak Transitivity and the validity of selected inference patterns by proving p-entailment of the associated knowledge bases. Finally, we apply our results to study selected probabilistic (...) versions of classical categorical syllogisms and construct a new version of the square of opposition in terms of defaults and negated defaults. (shrink)

There is wide support in logic, philosophy, and psychology for the hypothesis that the probability of the indicative conditional of natural language, P(if A then B), is the conditional probability of B given A, P(B|A). We identify a conditional which is such that P(if A then B)=P(B|A) with de Finetti’s conditional event, B | A. An objection to making this identification in the past was that it appeared unclear how to form compounds and iterations of conditional events. In this paper, (...) we illustrate how to overcome this objection with a probabilistic analysis, based on coherence, of these compounds and iterations. We interpret the compounds and iterations as conditional random quantities, which sometimes reduce to conditional events, given logical dependencies. We also show, for the first time, how to extend the inference of centering for conditional events, inferring B|A from the conjunction A ^ B, to compounds and iterations of both conditional events and biconditional events, B || A, and generalize it to n-conditional events. (shrink)

We present a unified approach for investigating rational reasoning about basic argument forms involving indicative conditionals, counterfactuals, and basic quantified statements within coherence-based probability logic. After introducing the rationality framework, we present an interactive view on the relation between normative and empirical work. Then, we report a new experiment which shows that people interpret indicative conditionals and counterfactuals by coherent conditional probability assertions and negate conditionals by negating their consequents. The data support the conditional probability interpretation of conditionals and the (...) narrow-scope reading of the negation of conditionals. Finally, we argue that coherent conditional probabilities are important for probabilistic analyses of conditionals, nonmonotonic reasoning, quantified statements, and paradoxes. (shrink)

We study probabilistically informative (weak) versions of transitivity by using suitable definitions of defaults and negated defaults in the setting of coherence and imprecise probabilities. We represent p-consistent sequences of defaults and/or negated defaults by g-coherent imprecise probability assessments on the respective sequences of conditional events. Finally, we present the coherent probability propagation rules for Weak Transitivity and the validity of selected inference patterns by proving p-entailment of the associated knowledge bases.

This collection of essays looks at the relation between phenomenology and the political from a variety of possible positions both critical and complimentary.

Patricia Churchland's Touching a Nerve: The Self as Brain is her most recent wide-ranging argument for mind-to-brain reductionism. It's one of the leading anti-dualist works in neurophilosophy. It thus deserves careful attention by anti-reductionists. We survey the main arguments in this book for her thesis that the self is nothing but the brain. These arguments are based largely on the self's dependence upon neural activities as reflected in its various impairments, its unified experiences, and its powers of agency. We show (...) that dualism is quite compatible with this neural dependence. We argue that dualism can not only counter--but also turn the tables on--her arguments. Unlike most other critics, we focus not only on her hard problems but also on her easy problems in explaining consciousness. A new non-Cartesian substance dualism is presented that avoids existing dualist causal issues. It may thus avoid perennial physicalist and dualist problems. -/- . (shrink)

In this paper we discuss the two-system framework, examine its strengths, point out a fundamental weakness concerning the unity of conscious experience, and then propose a new hypothesis that avoids that weakness and other related concerns. According to our strong emergence hypothesis, what emerges are not merely mental properties in specialized, distributed neural areas, but also a new, irreducibly singular entity that functions in a recurrent manner to integrate its mental properties and to rewire its brain. We argue that the (...) former function is suggested, in part, by the effects of anesthetics on sensory integration, and that the latter function is suggested by evidence garnered from the neuroscience of mindfulness, constraint-induced movement therapy for stroke, and neuroimaging data surrounding mental illness. We then discuss how our strong emergence hypothesis relates to the description and treatment of neuropsychiatric disorders. Finally, potential objections are addressed. (shrink)

In this paper we exploit the notions of conjoined and iterated conditionals, which are defined in the setting of coherence by means of suitable conditional random quantities with values in the interval [0,1]. We examine the iterated conditional (B|K)|(A|H), by showing that A|H p-entails B|K if and only if (B|K)|(A|H) = 1. Then, we show that a p-consistent family F={E1|H1, E2|H2} p-entails a conditional event E3|H3 if and only if E3|H3= 1, or (E3|H3)|QC(S) = 1 for some nonempty subset S (...) of F, where QC(S) is the quasi conjunction of the conditional events in S. Then, we examine the inference rules And, Cut, Cautious Monotonicity, and Or of System P and other well known inference rules (Modus Ponens, Modus Tollens, Bayes). We also show that QC(F)|C(F) = 1, where C(F) is the conjunction of the conditional events in F. We characterize p-entailment by showing that F p-entails E3|H3 if and only if (E3|H3)|C(F) = 1. Finally, we examine Denial of the antecedent and Affirmation of the consequent, where the p-entailment of (E3|H3) from F does not hold, by showing that (E3|H3)|C(F) is not equal to 1. (shrink)

This article takes the motorway seriously as a place where the society of traffic can be found and studied. While many kinds of activities are done by drivers and passengers in parallel with driving on the motorway, such as listening to the radio, eating lunch or caring for, or being, children, I focus here on office work. Empirical material from a video-ethnography of one driver doing paperwork and overtaking a slow-moving vehicle ahead is used to examine in detail some of (...) the practices of combining driving and office-duties in the car while in motion. Drawing on the work of Harvey Sacks, the article examines how this mobile society is naturally organized as an architectural configuration brought to life in the practices of driving in traffic. Overlooked phenomena that are orderly stable features of being mobile are analysed, such as ‘overtaking’, ‘tailgating’ and ‘cruising’. Where other writers have used ‘speed’ to theorize the contemporary period, a brief re-specification is offered in the light of the uses, moral and otherwise, of speed within, and as made apprehensible in relation to, traffic. (shrink)

We refute three key claims against dualism: (1) the claim that dualism implies that we would not expect to observe such a radical causal dependence of our conscious lives on the physical world, which is what we do observe; (2) the claim that dualism implies mysteries beyond necessity, and hence that dualism is, theoretically speaking, less simple than physicalism; and (3) that dualism implies a metaphysical simple (e.g., a human soul) is incapable of undergoing a process of development. We conclude (...) by arguing that based on the underlying preferences of scientific thought, dualism is currently the most scientifically feasible account on offer with respect to subjective experience. (shrink)

A central issue in philosophy and neuroscience is the problem of unified visual consciousness. This problem has arisen because we now know that an object's stimulus features (e.g., its color, texture, shape, etc.) generate activity in separate areas of the visual cortex (Felleman & Van Essen, 1991). For example, recent evidence indicates that there are very few, if any, neural connections between specific visual areas, such as those that correlate with color and motion (Bartels & Zeki, 2006; Zeki, 2003). So (...) how do unified objects arise in visual consciousness? Some neuroscientists propose that neural synchrony is the mechanism that binds an object's features into a unity (e.g., see Crick, 1994; Crick & Koch, 1990; Engel, 2003; Roelfsema, 1998; Singer, 1996; von der Malsburg, 1996, 1999). I argue, on both empirical and philosophical grounds, that neural synchrony fails to explain the unity of visual consciousness. (shrink)

Johann Christoph Gottsched gehört unbestritten zu den zentralen Figuren der deutschen Frühaufklärung. Wie wohl kein anderer vor und nach ihm hat er die Entwicklung der deutschsprachigen Sprach-, Rede-, Dicht- und Bühnenkunst geprägt, geleitet von der festen Absicht, diesen Künsten wo möglich eine wissenschaftliche Begründung, eine überschaubare kritische Historie sowie eine klare und elegante Darstellung zu verleihen. Über diese Bemühungen hinaus, hat sich insbesondere die neuere Forschung weiteren Facetten seines riesigen Werkes zugewendet. So erscheint Gottsched als Vorbild zahlreicher Zeitschriftenprojekte, als wichtiger (...) Popularisator der Leibnizschen und Wolffschen Philosophie, als zentraler Reformer der zeitgenössischen Homiletik, als Drehscheibe bei der Vermittlung europäischer Dichtung und Gelehrsamkeit. Die Beiträge des vorliegenden Bandes tragen der gesamten Breite der Gottsched-Forschung Rechnung, prüfen alte Erkenntnisse und stellen neue Einschätzungen zur Diskussion. Darüber wird die Aufmerksamkeit auch auf weniger bekannte Aspekte des Gottschedschen Oeuvres gelenkt, so etwa auf Beiträge zu den Naturwissenschaften und der Staatslehre, auf die akademische Lehrtätigkeit und auf das zunehmende Interesse an anthropologischen und ästhetischen Fragen. MIT BEITRÄGEN VON: Erich Achermann, Thomas Althaus, Detlef Döring, Frank Grunert, Gerda Hassler, Peter Hesselmann, Hanspeter Marti, Christian Meierhofer, Dagmar Mirbach, Merio Scattola, Oliver Scholz, Tomas Sommadossi, Holger Steinmann, Gideon Stiening, Andres Strassberger, Dietmar Till, Klaus Weimar und Jan-Henrik Witthaus. (shrink)

The notion of digital virus covers, in our view, two points: computer viruses that infect our computers and technological solutionism, the unreasonable passion that consists in considering that the solution to all social problems lies in the digital world. Yet the digital world is as vulnerable as the biological world. Moreover, it is dangerous because it pushes us into a digital bondage that undermines democracy. The solution to the crisis is not less democracy, but more democracy. More precisely, we will (...) argue that digital devices do not strengthen democratic communication, they promote a digital connection that hinders deliberation and threatens the very idea of democracy. (shrink)

Isabelle Stengers anchors the major stake in Whiteheadian philosophy in the notion of constructivism. In doing so, the relation of this philosophy of becoming — the first anti-substantialist principle of which is stated as `principle of process' — to the ideas of vitalist intuition as the self-expression of the world is announced as eminently problematic. This problematizing opening to Whitehead obliges us to think about the constructivist nature of his concepts because of their irreducibility to the expression of facts of (...) experience since they must necessarily function as a machinic articulation of how things become implied in the `ontological principle' of reason; by the same token, it poses at the heart of the analysis the question of the pragmatic-speculative alterity in Whiteheadian constructivism. (shrink)

Statt von einem Guattari-Effekt auf Deleuze muss man von einem Guattari-Deleuze-Effekt sprechen, um ein wechselseitiges Einwirken in einem gemeinsamen Projekt zu beschreiben, das mit dem Herausgehen aus der klassischen Psychoanalyse beginnt und in den Umbau der Philosophie in der Öffnung auf ihr Außen mündet. Dieser Umbau lässt das Paradigma der Interpretation ebenso hinter sich wie jenes der Struktur. In der Kritik an Lacan vollziehen Deleuze und Guattari die Abkehr vom Postulat des Primats der Sprache als Struktur und eines durch sie (...) immer schon konstituierten und vom Realen ebenso wie von kollektiven Individuationsprozessen abgeschnittenen Subjekts. Die heterogenen Ausdrucksmaterien Hjelmslevs, die das Aufbrechen der Opposition von Sprachzeichen und Materie ermöglichen sowie die Konzepte der Wunschmaschine und mehr noch des Gefüges eröffnen den Weg hin zu einem Politisch-Werden der Philosophie als Wiederaneignung der Produktionsmittel kollektiver Subjektivität. In order to understand the collaborators' mutual impact in a joint project that began with Deleuze and Guattari's transgression of classical psychoanalysis and advanced to their complete remodeling of philosophy, the notion of a »Guattari-Deleuze-effect« is more adequate than the presumption an unilateral »Guattari-effect« upon Deleuze. Furthermore, Deleuze's and Guattari's concerted efforts leave the paradigms of »interpretation« and »structure« behind; in their critique of Lacan, Deleuze and Guattari turn away from the primate of language as structure and the postulate of an always already constituted subject that is cut off both from the real and from collective processes of individuation. Finally, the concept of a heterogeneous »matter of expression,« which, borrowed from Hjelmslev, allows opening up the opposition between linguistic sign and matter, as well as the concepts of »desiring-machine« and »assemblage«, clear the way towards a becoming-political of philosophy, understood as reappropriation of collective subjectivity's means of production. (shrink)

Leviathan-Toth, Ernesto Neto’s anti/counter-installation which could be seen hanging from the vaults of the Panthéon in autumn 2006 does not seek to exploit this national memorial as a space in which to stand as an exhibition. It responds to all of its surrounding factors – physical, aesthetic, political, and metaphysical, to attack the representative art whose constitutive-constitutional role in the republic, according to Hobbes, can be seen in Leviathan’s frontispiece. Setting up a sort of Critique et Clinique of Representation in (...) all senses of the term beginning with the short-circuit between politics and aesthetics, Neto’s operation sets its sights on the expansive dis-organisation of the multitude living under the « democratic » regime of contractual representation of which the Panthéon is the temple. It provides a body for the rhizomatic-bioenergetic perversion of the Image of the State-Machine, of the Form-State, by projecting a new infra and supra-organic type of reality which draws its « energy » from the forces of the multitudo dissoluta whose radical and vital recomposition it advocates. This work or non-work, derived from a Brazilian political-aesthetic constructivism which is undergoing redefinition, can now only take place in the context of a practice of displacement which incorporates and is constituted of the spectator-participant. (shrink)

Recent findings in neuroscience strongly suggest that an object’s features (e.g., its color, texture, shape, etc.) are represented in separate areas of the visual cortex. Although represented in separate neuronal areas, somehow the feature representations are brought together as a single, unified object of visual consciousness. This raises a question of binding: how do neural activities in separate areas of the visual cortex function to produce a feature-unified object of visual consciousness? Several prominent neuroscientists have adopted neural synchrony and attention-based (...) approaches to explain object feature binding. I argue that although neural synchrony and attentional mechanisms might function to disambiguate an object’s features, it is difficult to see how either of these mechanisms could fully explain the unity of an object’s features at the level of visual consciousness. After presenting a detailed critique of neural synchrony and attention-based approaches to object feature binding, I propose interactive hierarchical structuralism (IHS). This view suggests that a unified percept (i.e., a feature-unified object of visual consciousness) is not reducible to the activity of any cognitive capacity or to any localized neural area, but emerges out of the interaction of visual information organized by spatial structuring capacities correlated with lower, higher, and intermediate levels of the visual hierarchy. After clarifying different notions of emergence and elaborating evidence for IHS, I discuss how IHS can be tested through transcranial magnetic stimulation and backward masking. In the final section I present some further implications and advantages of IHS. (shrink)

I argue (1) that Searle's reductive stance about mental causation is unwarranted on evolutionary, logical, and neuroscientific grounds; and (2) that his theory of weak emergence, called biological naturalism, fails to provide a satisfactory account of objectual unity and subject unity. Finally I propose a stronger variety of emergence called emergent subject dualism (ESD) to fill the gaps in Searle's account, and support ESD on grounds of recent evidence in neuroscience. Hence I show how it is possible, if not also (...) theoretically preferable, to go from Searle's biological naturalism to emergent subject dualism. (shrink)

5‐methylcytosine (5mC) was long thought to be the only enzymatically created modified DNA base in mammalian cells. The discovery of 5‐hydroxymethylcytosine, 5‐formylcytosine, and 5‐carboxylcytosine as reaction products of the TET family 5mC oxidases has prompted extensive searches for proteins that specifically bind to these oxidized bases. However, only a few of such “reader” proteins have been identified and verified so far. In this review, we discuss potential biological functions of oxidized 5mC as well as the role the presumed reader proteins (...) may play in interpreting the genomic signals of 5mC oxidation products. (shrink)

I propose an Aristotelian approach to agent causation that is consistent with the hypothesis of strong emergence. This approach motivates a wider ontology than materialism by maintaining (1) that the agent is generated by the brain without being reducible to it on grounds of the unity of experience and (2) that the agent possesses (formal) causal power to affect (i.e., mold, sculpt, or organize) the brain on grounds of agent-directed neuroplasticity. After providing recent empirical evidence for the strong emergence of (...) the agent, I then articulate and analyze a dominant objection to agent causation discussed in neuroscience, which is based upon the observation of the readiness potential (or RP) in the brain. In this context, the RP refers to unconscious neuronal events (in the supplementary motor area) that precede the formation of a (proximal) conscious intention to act. So it appears as if the train of neuronal events has left the depot before the agent can act. In response to this objection, I argue (a) that even if one were to grant that the RP precedes the formation of a conscious intention, it would not follow (on both logical and empirical grounds) that there is no conscious agent causation; and (b) that the objection disappears when one takes into account distal versus proximal intentions. (shrink)

Les noms sous-spécifiés, qui peuvent apparaitre dans une construction spécificationnelle, de la forme Leur ambition a été d’innover, sont par ailleurs souvent des prédicats régissant des arguments, dans une phrase élémentaire de la forme Ils ont eu l’ambition d’innover, où Nss est le prédicat accompagné d’un verbe support et de ses arguments N0 et N1. Nous avons étudié des noms entrant à la fois dans les deux constructions et avec le même sens, et trouvé trois cas de figure. Avec des (...) noms tels que ambition, et ont presque le même sens. Dans d’autres entrées, telles que souvenir et preuve, les deux constructions ne sont pas équivalentes : l’attribut phrastique de est absent de, tandis que l’argument N1 de peut apparaitre comme complément de nom du Nss sujet dans, et spécifie souvent le thème du propos contenu dans l’attribut phrastique de. Enfin, d’autres noms tels que embarras ne sont pas des Nss typiques car l’attribut phrastique de y joue un rôle causal ; il n’a pas le même contenu que N1. Ainsi, dans les types souvenir/preuve et embarras, est à analyser comme une combinaison de plusieurs phrases élémentaires. (shrink)

I explicate the Churchland's dualistic interaction and neural dependence objections to Cartesian dualism and argue that Aquinas’s conception of Aristotelian hylomorphism provides a way out of those objections. -/- .

We pose a foundational problem for those who claim that subjects are ontologically irreducible, but causally reducible (weak emergence). This problem is neuroscience’s notorious binding problem, which concerns how distributed neural areas produce unified mental objects (such as perceptions) and the unified subject that experiences them. Synchrony, synapses and other mechanisms cannot explain this. We argue that this problem seriously threatens popular claims that mental causality is reducible to neural causality. Weak emergence additionally raises evolutionary worries about how we’ve survived (...) the perils of nature. Our emergent subject hypothesis (ESH) avoids these shortcomings. Here, a singular, unified subject acts back on the neurons it emerges from and binds sensory features into unified mental objects. Serving as the mind’s controlling center, this subject is ontologically and causally irreducible (strong emergence). ESH draws on recent experimental evidence, including the motivation of a possible correlate (or “seat”) of the subject, which enhances its testability. (shrink)

Kant has often been criticized for his morality destroying happiness. I argue against this common misconception and focus the analysis on the idea that happiness, although not a primary motive for moral action, is still grounded in morality. Thus, happiness can be deduced from morality. Furthermore, I highlight the ontological difference between morality and happiness, both in their transcendental dimensions and in the narrower and broader senses of Kantian morality, by demonstrating that happiness can only be comprehended within the moral (...) framework. I will clarify that happiness is not seen as antithetical to morality, but rather as a potential and necessary future perspective, achievable through moral action and the formation of a community. This indicates that Kant’s moral philosophy is diverse, accommodating eudaimonism alongside his doctrine of duty. (shrink)

I argue on the basis of recent findings in neuroscience that consciousness is not a brain process, and then explore some alternative, non-reductive options concerning the metaphysical relationship between consciousness and the brain, such as weak and strong accounts of the emergence of consciousness and the constitution view of consciousness. I propose an Aristotelian account of the strong emergence of consciousness. This account motivates a wider ontology than reductive physicalism and makes reference to formal causation as a way explaining the (...) causal power of consciousness. What is meant by formal causation, in thiscontext, is that consciousness has the causal power to organize or control neuronal activity. This notion of causation is elaborated and supported by recent findings in the neurosciences. An advantage of this empirically informed approach is that proponents of the irreducibility of consciousness no longer need to rely upon conceptually based arguments alone, but can build a case against reductive physicalism that has a significant empirical foundation. (shrink)

Annotation Eric Voegelin (1901-1985) was one of the most original and influential philosophers of our time. Born in Cologne, Germany, he studied at the University of Vienna, where he became a professor of political science in the Faculty of Law. In 1938, he and his wife, fleeing Hitler, immigrated to the United States. They became American citizens in 1944. Voegelin spent much of his career at Louisiana State University, the University of Munich, and the Hoover Institution at Stanford University. (...) During his lifetime he published many books and more than one hundred articles. The Collected Works of Eric Voegelin will make available in a uniform edition all of Voegelin's major writings. (shrink)

Gilbert Imlay’s 1793 epistolary novel The Emigrants, which dramatizes several characters’ journey across the Alleghenies to occupy and develop a tract in the Ohio country, features the use of allusions and commonplaces that illuminate this fiction’s provocative campaign to conciliate physiocracy, proto-feminism, and the new philosophy with the expulsion of indigenous people in the region. Imlay uses Pope, Sterne and Thomson to justify and eroticize U.S. expansiveness. The heroine Caroline T—n embodies, especially, the wondering, wonderful vindication of a world-historical land-grab. (...) Comparisons with contemporary stories by Chateaubriand, Blake, Radcliffe, and the Seneca leader known as the Cornplanter highlight ways in which Imlay—partaking of a rhetorical repertoire demonstrably familiar to his peers—mutes history, religion, appropriation, and aggression in favour of erotic appeal, a series of emblematic, excusatory metonymies, and the picturesque language of an early phase of the North American real estate pitch. (shrink)

Quality-of-life policing, responsive to the concerns of urban communities, presents a profound paradox. On the one hand, the collateral effects of drug use, especially in public and in racially fragmented, low-income communities, result in levels of crime and fear of crime that renders the communities almost uninhabitable; on the other, the collateral effects of policing drug crime, for these same communities, destroy the community's human fabric. A "new" generation of legal scholars have embraced and transformed the Broken Windows model of (...) policing urban communities. These theorists share a "social norms"perspective: they suggest that law's direct threat of imposing sanctions is not the sole means of constraining conduct. A variety of other devices, including non-legal, "social" norms, may supplement the law's coercive power. The social norms "take" on the Broken Windows argument is that public low-level crime undermines the social structures of local communities. Inner city blight sends a distinct message: that community members reject or ignore norms supporting law-abiding behavior in favor of norms supporting law-breaking. Accordingly, social norms theorists advocate empowering police and local communities through a variety of traditional and newly minted public order offenses (such as anti-loitering statutes and youth curfews) as means of attacking high crime in urban and predominantly minority neighborhoods. In this article, I take up the challenge of public order policing. My claim is that the sort of preventative policing social norms theorists advocate can and should be separated from reactive "investigative" policing directed at apprehending criminals. Separating preventative and investigative policing means that the police, as currently constituted, are the wrong people to engage in preventative policing. Instead, the appropriate people include municipal officials with no power to engage in investigation but who have the authority to enforce norms of public order. My proposal is to radically restructure the manner in which we think about the legitimacy of various policing practices and the type of authority the police wield. Our current focus on constitutional remedies for low-level police abuses has failed to ameliorate the justified resentment expressed by individuals and local communities subject to heightened amounts of increasingly invasive policing.The attempt to limit police authority through prospective constitutional (and other) norms that control their ability to search, seize, and interrogate suspects is properly confined to the police's investigative role. Limits do not work to constrain their ability to police public order and engage in crime prevention. Yet even at the investigative stage, the Court has already replaced the rule-based due-process model of authority with a series of role-based exceptions to the Fourth, Fifth, and Sixth Amendments' constitutional requirements. Both role- and rule-based concepts of authority concern the proper scope of legitimate authority. Rule-based authority has its basis in adherence to the content of particular rules; role-based authority is based in the powers afforded individuals in particular roles of public authority. Whereas rule-based authority derives its legitimacy primarily from the government's right to promulgate norms, role-based authority gains legitimacy from the degree to which the official's role is matched to the circumstances triggering authority. (shrink)

Le terme « réalisme » en théorie du droit désigne une posture générale, mais demeure assez flou. En réalité, deux écoles de pensée assez radicalement éloignées, quoiqu'à peu près contemporaines, ont contribué à donner les bases du réalisme moderne et actuel : le réalisme américain et le réalisme scandinave. Cette présentation vise à caractériser ces deux écoles, individuellement et comparativement, en fonction de leur contexte d'apparition, de leur conception du réalisme ou du réductionnisme empirique, et en fonction des conséquences de (...) leur mobilisation. (shrink)

When addressing the burdens borne by victims of police wrongdoing, we often overlook moral harms in focusing on the physical and psychological harms that they suffer. These moral harms undermine the moral status of the victim, her ability to consistently pursue the values she endorses, and her character. Victimhood is a morally significant social role. Victimhood imposes normative standards that measure the moral or political status of victim. Conforming to these standards affects our assessment of the conduct of the victim (...) and her moral standing. Considering the victims’ role provides important insights into contemporary practices of policing in the United States. The physical and verbal acts of the police often force race-based degradation upon racially subordinated groups. There is often no morally good way out of racially discriminatory encounters when the choice is to degrade oneself or suffer violence or even death. Worse, how we respond to the threat of police violence morally undermines our relationships with those we would keep safe from police violence. (shrink)