This book is unique in presenting an interdisciplinary conversation between jurists and logicians. It brings together scholars from both law and philosophy and looks at the application of 'the new logics' to law and legal ordering, in a number of legal systems. The first Part explores the ways in which the new logics shed light on the functioning of legal orders, including the structure of legal argumentation and the rules of evidence. The second addresses how non-classical logics can help us (...) to understand the interactions between multiple legal orders, in a range of contexts including domestic and international law. The final Part examines particular issues in the applicability of non-classical logics to legal reasoning. This book will be of interest to jurisprudence and logic scholars and students who want to deepen their understanding of relationships between law and legal reasoning, and learn about recent developments in formal logic. (shrink)

This volume presents the history of Western education through the biographies of some 70 individuals, past and present, who exemplify the education of their times or have made important contributions to the development of educational theory or practice. In so doing, it links major issues and ideas in education to key historical personalities. Each chapter includes substantive background information, a summary, and chapter notes.

Preparing the Next Generation of Oral Historians is an invaluable resource to educators seeking to bring history alive for students at all levels. Filled with insightful reflections on teaching oral history, it offers practical suggestions for educators seeking to create curricula, engage students, gather community support, and meet educational standards. By the close of the book, readers will be able to successfully incorporate oral history projects in their own classrooms.

Acceptance of elderly or marginal health individuals as kidney donors is debated, with practices varying between centres. Transplant recipients, live kidney donors and health-care professionals caring for patients with renal failure were surveyed regarding their views on live donor kidney transplantation (LDKT) of marginal health (diabetes, hypertension, atherosclerosis, obesity, etc.) and elderly donors. Participants were recruited within a tertiary renal and transplant centre and invited to participate in focus groups and structured interviews. They also completed an anonymous questionnaire. Of 464 (...) participants who completed the questionnaire (36% health-care professionals and 64% patients), 49% and 64%, respectively, stated that marginal and elderly donors should be accepted for LDKT. In the structured interviews, emphasis was given to presenting to donor, recipient and their respective families a calculated risk regarding the effect that either a nephrectomy or transplant has on long-term quality of life. Participants stated that an independent third party in addition to the transplant team should discuss involved risks. Issues of ‘how desperate’ the recipient's situation is should also be considered. Health-care professionals stated that regardless of the strength of will of an individual to donate a kidney (despite age, health problems or personal risk), they should always have the right to say ‘no’ if performing a specific LDKT was against their professional and ethical values. About half of those surveyed considered that marginal health and elderly donors were acceptable for LDKT. Emphasis was given to the explanation to donors and recipients of the risks involved in such transplantation. (shrink)

Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy.

Suppose we are able to transplant Jones's pain centres into Smith's brain. Half way through the operation we test the pain centres by stimulating them electrically in vitro. Would there be pain? Roland Puccetti argues that there would not be. Because pains must have owners and the only available candidate for that role — the excised tissue — is logically unfit to play it. He concludes that the firing of such centres in a normally functioning brain cannot be pain (...) either and that, therefore, materialism is false.So far as I can see, Puccetti's “refutation” is a series of nonsequiturs from start to finish, and that is what I mainly want to show. It will not follow, of course, that materialism is true. Indeed, I think the view which Puccetti attacks under that name is too naive to be taken seriously by anyone. (shrink)

Background: Studies have found that children with Autism Spectrum Disorder (ASD) are more likely to make errors in appropriately producing referring expressions (‘the dog’ vs. ‘the black dog’) than are controls but comprehend them with equal facility. We tested whether this anomaly arises because comprehension studies have focused on manipulating perspective-taking at a ‘generic speaker’ level. Method: We compared 24 autistic eight- to eleven-year-olds with 24 well-matched neuro-typical controls. Children interpreted requests (e.g. ‘Can I have that ball?’) in contexts which (...) would be ambiguous (i.e. because the child can see two balls) if perspective-taking were not utilized. In the interlocutor-specific perspective-taking condition, the target was the particular object which was new for the speaker. Children needed to take into account what the speaker had played with before and the fact that they were now expressing excitement about something new. In two control ‘speaker-generic’ conditions we tested children’s ability to take the visual perspective of the speaker (where any speaker who stood behind a particular barrier would have the same perspective). Results: The autistic group were significantly less likely to select the target and significantly more likely to request clarification in the ‘interlocutor-specific’ condition. Performance in the ‘interlocutor-generic’ (visual) perspective taking conditions did not differ between groups. Conclusion: Autistic children, even those who are not intellectually-impaired, tend to have more difficulty than neuro-typical peers in comprehending referring expressions when this requires understanding that people comment on what is new for them. (shrink)

The history and theoretical role of the concept of a ``replicator''is discussed, starting with Dawkins' and Hull's classic treatmentsand working forward. I argue that the replicator concept is still auseful one for evolutionary theory, but it should be revised insome ways. The most important revision is the recognition that notall processes of evolution by natural selection require thatsomething play the role of a replicator.

One problem faced in discussions of the evolution of intelligence is the need to get a precise fix on what is to be explained. Terms like "intelligence," "cognition" and "mind" do not have simple and agreed-upon meanings, and the differences between conceptions of intelligence have consequences for evolutionary explanation. I hope the papers in this volume will enable us to make progress on this problem. The present contribution is mostly focused on these basic and foundational issues, although the last section (...) of the paper will look at some specific models and programs of empirical work. (shrink)

Much behavioral welfare economics assumes that expected utility theory does not accurately describe most human choice under risk. A substantial literature instead evaluates welfare consequences by taking cumulative prospect theory as the natural default alternative, at least where description is concerned. We present evidence, based on a review of previous literature and new experimental data, that the most empirically adequate hypothesis about human choice under risk is that it is heterogeneous, and that where EUT does not apply, more choice is (...) characterized by rank-dependent utility models than by CPT. Most of the apparently loss-averse choice behavior results from probability weighting rather than from direct disutility experienced when an outcome is framed as a loss against an idiosyncratic reference point. We then consider implications of this finding for methodological debates about how to model welfare effects of policies, and argue that abandonment of a dogmatic belief in CPT as the correct theory of risk human choice exposes a conceptual error that is widespread in behavioral welfare economics. We provide concluding reflections on second-order, philosophical issues around the grounding of normative commitments in policy-focused economics. (shrink)

A principal source of interest in behavioral economics has been its advertised contributions to policies aimed at ‘nudging’ people away from allegedly natural but self-defeating behavior toward patterns of response thought more likely to improve their welfare. This has occasioned controversies among economists and philosophers around the normative limits of paternalism, especially by technical policy advisors. One recent suggestion has been that ‘boosting,’ in which interventions aim to enhance people’s general cognitive skills and representational repertoires instead of manipulating their choice (...) environments behind their backs, avoids the main normative challenges. A limitation in most of this literature is that it has focused on relatively sweeping policy recommendations and consequently on strong polar alternatives of general paternalism and strict laissez faire. We review a real instance, drawn from a consulting project we conducted for an investment bank, of a proposed intervention that is more typical of the kind that economists are more often actually called upon to offer. In this example, the sophistication of current tools for preference attribution, combined with philosophical externalism about the semantics of preferences that makes it less plausible to attribute their literal self-conscious representation to people as propositional attitude content becomes more tightly refined, blocks applicability of the distinction between nudging and boosting. This seems to call for irreducible, context-specific ethical judgment in assessing the appropriateness of the forms of paternalism that economists must actually wrestle with in going about their everyday business. (shrink)

This paper argues for a novel understanding of the relationship between law and coercion. It firstly refutes Kenneth Himma’s claim that the authorisation of coercive enforcement mechanisms is a conceptually necessary feature of law. It then claims that the best way to understand the law is as coercion-apt. The “coercion-aptness” of law is clarified, in part, by appealing to an essential distinction between law and morality: Whereas it can be reasonable for the law to appeal to coercive means in order (...) to motivate compliance, it seems decidedly unreasonable for morality to do so. (shrink)

BackgroundImplementation science research, especially when using participatory and co-design approaches, raises unique challenges for research ethics committees. Such challenges may be poorly addressed by approval and governance mechanisms that were developed for more traditional research approaches such as randomised controlled trials.DiscussionImplementation science commonly involves the partnership of researchers and stakeholders, attempting to understand and encourage uptake of completed or piloted research. A co-creation approach involves collaboration between researchers and end users from the onset, in question framing, research design and delivery, (...) and influencing strategy, with implementation and broader dissemination strategies part of its design from gestation. A defining feature of co-creation is its emergent and adaptive nature, making detailed pre-specification of interventions and outcome measures impossible. This methodology sits oddly with ethics committee protocols that require precise pre-definition of interventions, mode of delivery, outcome measurements, and the role of study participants. But the strict requirements of ethics committees were developed for a purpose – to protect participants from harm and help ensure the rigour and transparency of studies. We propose some guiding principles to help square this circle. First, ethics committees should acknowledge and celebrate the diversity of research approaches, both formally and informally ; without active support, their members may not understand or value participatory designs. Second, ground rules should be established for co-design applications and communicated to committee members and stakeholders. Third, the benefits of power-sharing should be recognised and credit given to measures likely to support this important goal, especially in research with vulnerable communities. Co-design is considered best practice, for example, in research involving indigenous peoples in New Zealand, Australia and Canada. (shrink)

Problems raised by complex life cycles for standard summaries of evolutionary processes, and for concepts of individuality in biology, are described. I then outline a framework that can be used to compare life cycles. This framework treats reproduction as a combination of production and recurrence and organizes life cycles according to the distribution of steps in which multiplication, bottlenecks, and sex occur. I also discuss fitness and its measurement in complex life cycles and consider some phenomena that raise complications and (...) difficulties for my framework. (shrink)

In this round table response, we discuss some of the problems inherent in insisting on specific consent for an activity that needs to happen rapidly as part of a package of care. The Human Tissue Authority (the UK regulator for human tissue and organs) consider that specific consent is mandatory to assess which antibiotics are appropriate on the neonatal unit, but this insistence may actually limit the autonomy which consent aims to promote. While genetic testing to determine which child will (...) react adversely to particular antibiotics has been available clinically for several years, the research proposed here is to assess whether improving the speed of testing allows decisions to be made before treatment starts. Insisting on specific consent before this activity can take place is likely to delay appropriate care in some cases. On admission to the neonatal unit, the unwell infant is routinely subjected to a range of investigations and treatments. A person with parental responsibility will usually be asked to provide consent to undertake treatments for children who do not have capacity to give consent themselves.1 For the acutely unwell child, consent will usually be sought for a package of care: the urgent nature of neonatal medicine often requires clinicians to make many decisions without explicit consent. Doctors must always act in a child’s best interests: their decisions need to protect the health and well-being of a child and hold the child’s welfare paramount in accordance with the Children Act (1989) and General Medical Council (GMC) guidelines.1 2 Thus, for example, ventilation might be initiated, sedation provided, antibiotics commenced or diagnostic investigations requested without separate consent conversations or …. (shrink)

Volume 21 of _The Annual of Psychoanalysis_ is especially welcome for bringing to English-language readers timely contributions from abroad in an opening section on "Psychoanalysis in Europe." The section begins with a translation of Helmut Thomae's substantial critique of the current state of psychoanalytic education; Thomae's proposal for comprehensive reform revolves around a redefinition of the status of the training analysis in analytic training. Diane L'Heureux-Le Beuf's clinical diary of an analysis focusing on the narcissistic elements of oedipal conflict probes (...) the degree to which the analytic method can be applied to "nonstructured" analysands. And Nella Guidi shows the clinical value of supplementing Freud's notion of unobjectionable positive transference with the complementary notion of unobjectionable negative transference. Section II, on "Psychoanalysis and Hysteria," offers original contributions to Freud scholarship in the form of Jules Glenn's reconsideration of Dora's "Dynamics, Diagnosis, and Treatment"; William McGrath's analysis of the way Freud's hostility to religious superstition gained expression in his early work on hysteria; and Marian Tolpin's self-psychological reprise on the case of Anne O. The section concludes with Elisabeth Young-Bruehl and Sarah Cummin's provocative "What Happened to 'Anorexie Hysterique'?" which questions the contemporary separation of anorexia from hysteria and explore the sociohistorical reasons the separation came about. Section III, "Clinical and Theoretical Studies," begins with Nancy Kobrin's discussion of Freud's ideas about autonomy, including the terms Freud used and the way Strachey translated them into English. Her goal is to deepen our understanding of how Freud spoke and thought about an individual's sense of self. Frank Summers shows how object relations principles, which are shared by various object relations theories, can inform the conduct of analysis at all levels of pathology, including neurosis. And Henry Smith examines the meaning and value of the "analytic surface," a metaphor that highlights the relationship between the analyst's attention and the patient's attention. A final section on "Applied Psychoanalysis" offers contemporary examples of applied analytic inquiry in anthropology, art, and literature. Roy Grinker, III and Roy Grinker, Jr., in a methodological contribution to psychoanalytic anthropology, examine what is revealed when a native people are asked to retell a story introduced by them by their Western observers. Danielle Knafo explores the art and life of the Mexican surrealist Frida Kahlo through the concepts of the mirror, the mask, and the masquerade. And David Werman closes the volume with a comparative study of Edgar Allan Poe's and James Ensor's obsession with revenge, and the role it played in Poe's writing and Ensor's etchings, respectively. Bringing readers the influential reform proposals of Thomae, a rich sampling of recent Freud scholarship, applied contributions traversing three disciplines, and original clinical contributions reflecting American and European sensibilities, Volume 21 of _The Annual_ is true to the spirit of this distinguished series. It testifies to the scope of analytic inquiry, and it exemplifies the yield of such inquiry in the hands of gifted scholars and clinicians. (shrink)

Do inconsistent laws, which are in the form of inconsistent legal obligations, provide us with good reasons for accepting the possibility of legal gluts, which are true legal statements whose negations are also true? Given the contingencies of the law, it is unlikely that many will deny the possibility of inconsistent legal obligations, but it remains an ongoing debate whether these lead to any legal gluts. In a recent debate, Graham Priest [Priest, G. 2006. In ‘Contradiction’. In First printed by (...) Martinus Nijhoff in 1987. 2nd ed. Oxford: Oxford University Press; Priest, G. 2017. ‘Where Laws Conflict: An Application of the Method of Chunk and Permeate’. In Law and the New Logics, edited by H. Glenn, and L. Smith, 168–180. Cambridge: Cambridge University Press] has argued from inconsistent obligations to legal gluts and JC Beall [Beall, JC 2017. ‘On inconsistent laws and gluts’. In Law and the New Logics, edited by H. Glenn, and L. Smith, 199–207. Cambridge: Cambridge University Press.], while he has acknowledged that there are inconsistent obligations, has argued against Priest’s arguments for legal gluts. In this paper, after reviewing the debate, I adjudicate it and provide reasons for resisting Beall’s arguments again Priest thereby providing a possibility for legal gluts. (shrink)

Group-structured and neighbor-structured populations are compared, especially in relation to multilevel selection theory and evolutionary transitions. I argue that purely neighborstructured populations, which can feature the evolution of altruism, are not properly described in multilevel terms. The ability to “gestalt switch” between individualist and multilevel frameworks is then linked to the investigation of “major transitions” in evolution. Some explanatory concepts are naturally linked to one framework or the other, but a full understanding is best achieved via the use of both.

This paper outlines the development and implementation of a new course in Engineering Ethics at the University of Tennessee. This is a three-semester-hour course and is jointly taught by an engineering professor and a philosophy professor. While traditional pedagogical techniques such as case studies, position papers, and classroom discussions are used, additional activities such as developing a code of ethics and student-developed scenarios are employed to encourage critical thinking. Among the topics addressed in the course are engineering as a profession (...) and its role in society; ethical successes and failures; risk, safety, and the environment; professional responsibilities; credit and intellectual property; and international concerns. (shrink)

Photographer Smith allows a rare and intimate glimpse of the unique region of Southern Apalachia. Smith's images evoke a range of emotions and reveal the reality behind the stereotypes of rural Southern life.

Expounds on the relationship between theory and practice as applied, adjusted, and inaugurated in health care.

In lieu of an abstract, here is a brief excerpt of the content:Elizabeth Hanson-Smith AUGUSTINE'S CONFESSIONS: THE CONCRETE REFERENT The chief problem facing critics who would consider the Confessions as both a literary work and a philosophical treatise remains the connection between the first nine books, the autobiography, and the last four, the metaphysical speculations on time, eternity, epistemology, and theology. A persistent desire to justify the work as an aesthetic whole has led critics on a search for thematic (...) and structural unity; they have been more successful in the former endeavor than in the latter. The interpretation of the work's plot as a peregrinatio animae, a pilgrimage of the soul, is now generally accepted as definitive; but attempts to find structural unity within that broad outline have not progressed beyond Marrou's characterization of the work as a "musical composition."1 His analogy to music has not been anchored to any concrete structural features of the Confessions and does not illuminate the connections between its content and its form. I shall attempt to prove that a unified structural model for the development of the soul in the Confessions does indeed exist and is outlined in Augustine's earlier discursive work, the De quantitate animae.2 The seven degrees or steps (gradus) of the soul's ascent to God, as sketched in the De quantitate, are deliberately fleshed out and translated into a mimetic, narrative version in the Confessions. Placing the two works side by side gives us a unique opportunity to examine a typically medieval literary form, the educative journey, in its relationship to its philosophical premises. Such a study reveals the inner formal unity of the literary work and, further, provides us with significant evidence for a re-examination of Augustine's Neo-Platonism, his supposed dualism, and his influence on later works, both literary and philosophical. In the Confessions we see one of the earliest Christian blendings of several models: first, the educative journey, the archetypal pattern familiar from the Odyssey, the Aeneid, and even The Golden Ass of Apuleius. Augustine's version, like later medieval cosmologies, also 176 Elizabeth Hanson-Smith1 77 includes a vision of the cosmic order and its relationship to human order, elements of significance in pagan philosophical works such as the Timaeus and the Dream of Scipio. But Augustine's journey also depends upon the Judeo-Christian conception of history as a series of figurae or types of the Messiah: the protagonist of the Christian educative journey joins thefigurae of the Biblical past. Christ's incarnation as Mansoul and his life on earth are the pattern of universal history from Fall to Apocalypse; Christ's life becomes a figurative pattern for the actions of Everyman.3 The Confessions is one of the earliest Christian works to apply this pattern in a narrative context. Augustine was also preoccupied with the Hexaemeron, the six days of creation and the seventh of rest. He views the exegesis of Genesis as an explanation of all subsequent life; the Ages of Man recapitulate the days of creation, as do the sacraments and the seven steps in the ascent of the soul. Thus, to the figurative pattern of Christ's "pilgrimage" from creating Logos to Incarnate God and finally to judge at the Second Coming, Augustine applies the schematic seven-fold ascent found in the De quantitate: the soul passes through the ascending steps of animation, sense, art, religion, tranquillity, initiation, and contemplation—each of which is figured by or patterned on a stage in Christ's life, as represented by the sacraments, and each of which, further, reflects a segment of universal history. The seven steps are not simply the movement of the individual soul, but the progress of Mansoul on its journey to Apocalypse. The stylistic differences between the two works—one an exposition written as Socratic dialogue, the other a metaphorical personal narrative —will no doubt give rise to differing interpretations; but one may, I think, object to certain details I suggest while still agreeing that the De quantitate provides the structuring model. Let me first define the major areas of difference between the two works. In the De quantitate, each of the levels or steps of the soul takes on a discrete, separate... (shrink)

George Boole collected ideas for the improvement of his Mathematical analysis of logic(1847) on interleaved copies of that work. Some of the notes on the interleaves are merely minor changes in explanation. Others amount to considerable extension of method in his mathematical approach to logic. In particular, he developed his technique in solving simultaneous elective equations and handling hypotheticals and elective functions. These notes and extensions provided a source for his later book Laws of thought(1854).