Collectively, lawyers probably seek in vain to be sufficiently trusted, even when most individual lawyers appear to do their utmost to behave responsibly. Efforts to address lawyers' behavioural failures remain an important social policy objective and a professional obligation. In this article we argue that it is politically sensible and socially responsible for the legal profession to continue to address its misbehaving members in a more fundamental manner than just the post-facto disciplinary process. We suggest that pre-emptive (pre-offence), ethics self-assessments (...) may limit the later incidence of misbehaviour and assist in rehabilitation programs for disciplined lawyers. We report on an experimental approach to lawyers' discovering more about their innate ethics. We have trialled lawyers' responses to a series of concrete statements about their ethical priorities and developed a statistically valid 'scale' (or set of statements) to allow lawyers in an Australian context to observe and reflect upon, their differing ethical approaches. To date, no such a scale has been developed for lawyers' ethics. The results of this scale development process are sufficiently encouraging to justify further work on similar scales for different cultures and legal traditions, in the interest of producing a tailored, reliable and valid instrument for general pre-emptive use within each local profession. The proposition that awareness improves conscious decision-making is not revolutionary or particularly contentious. While raising lawyers' awareness of how they make choices may only make a modest contribution to enhancing the ethical quality of their professional behaviour, it nevertheless seems plausible that it will raise their awareness and is therefore a worthwhile exercise. (shrink)

The Habits of Racism examines some of the complex questions raised by the phenomenon and experience of racism. Helen Ngo argues that the conceptual reworking of habit as bodily orientation helps to identify the more subtle but fundamental workings of racism, exploring what the lived experience of racism and racialization teaches about the nature of the embodied and socially-situated being.

Summarizes author’s contextual empiricism and uses it to analyze the difference between neuro-endocrinological accounts of presumed behavioral sex differences and neuro-selectionist accounts. Contextual empiricism is a philosophical approach that both shows how feminist critique works in the sciences and makes a contribution to general philosophy of science.

Making a Difference presents fifteen original essays on causation and counterfactuals by an international team of experts. Collectively, they represent the state of the art on these topics. The essays in this volume are inspired by the life and work of Peter Menzies, who made a difference in the lives of students, colleagues, and friends. Topics covered include: the semantics of counterfactuals, agency theories of causation, the context-sensitivity of causal claims, structural equation models, mechanisms, mental causation, causal exclusion argument, free (...) will, and the consequence argument. (shrink)

The subject of this essay is the dependence of evidential relations on background beliefs and assumptions. In Part I, two ways in which the relation between evidence and hypothesis is dependent on such assumptions are discussed and it is shown how in the context of appropriately differing background beliefs what is identifiable as the same state of affairs can be taken as evidence for conflicting hypotheses. The dependence of evidential relations on background beliefs is illustrated by discussions of the Michelson-Morley (...) experiment and the discovery of oxygen. In Part II, Hempel's analysis of confirmation and the contrasting model of theory acceptance provided by philosophers such as Kuhn and Feyerabend are discussed. It is argued that both are inadequate (on different grounds) and the problems addressed by each are shown to be more satisfactorily approached by means of the analysis developed in Part I. In Part III, it is argued that if there are objective criteria for deciding between competing theories, these cannot be simply that one theory has greater evidential support than another. Finally, some further methodological questions arising from the analysis are mentioned. (shrink)

Feminist scholars advocate the adoption of distinctive values in research. While this constitutes a coherent alternative to the more frequently cited cognitive or scientific values, they cannot be taken to supplant those more orthodox values. Instead, each set might better be understood as a local epistemology guiding research answerable to different cognitive goals. Feminist scholars advocate the adoption of distinctive values in research. While this constitutes a coherent alternative to the more frequently cited cognitive or scientific values, they cannot be (...) taken to supplant those more orthodox values. Instead, each set might better be understood as a local epistemology guiding research answerable to different cognitive goals. (shrink)

ABSTRACTPeople can be moved and overwhelmed, a phenomenon typically accompanied by goose-bumps and tears. We argue that these feelings of being moved are not limited to situations that are appraise...

This paper is a discussion of the nature of inferring and focusses on the relation between reasons for belief and causes of belief. Two standard approaches to the analysis of inference, the epistemological and the psychological, are identified and discussed. While both approaches incorporate insights concerning, inference, counterexamples show that neither provides by itself an adequate account. A third account is developed and recommended on the grounds that it encompasses the essential insights of the rejected analyses while being immune to (...) their counterexamples. On this account coming to believe for a reason is taken to be central to our concept of inferring, but a causal relation holds between taking something to be a reason and belief. (shrink)

This paper explores one way in which the meta-problem may shed light on existing debates about the hard problem (though not directly on the hard problem itself). I'll argue that the possibility of a suitable agent without problem intuitions would undercut the dialectical force of arguments against physicalism. Standard antiphysicalist arguments begin from intuitions about what's ideally conceivable, and argue from there to the falsity of physicalism. For these arguments to be dialectically effective, there must be a shared conception of (...) what ideal conceivability consists in. Unfortunately, proposed accounts of ideal conceivability all make reference to an unexplained 'intuitive' notion of idealization. Consideration of the meta-problem reveals that, when it comes to the hard problem, intuitions about idealization are essentially theory-laden. There is no neutral basis for determining whether agents with or without problem intuitions are more rationally ideal. (shrink)

This article builds theory at the intersection of ecological sustainability and strategic management literature—specifically, in relation to dynamic capabilities literature. By combining industrial organization economics–based, resource-based, and dynamic capability–based views, it is possible to develop a better understanding of the strategies that businesses may follow, depending on their managers’ assumptions about ecological sustainability. To develop innovative strategies for ecological sustainability, the dynamic capabilities framework needs to be extended. In particular, the sensing–seizing–maintaining competitiveness framework should operate not only within the boundaries (...) of a business ecosystem but in relation to global biophysical ecosystems; in addition, two more dynamic capabilities should be added, namely, remapping and reaping. This framework can explicate core managerial beliefs about ecological sustainability. Finally, this approach offers opportunities for managers and academics to identify, categorize, and exploit business strategies for ecological sustainability. (shrink)

The fields of medical ethics, bioethics, and women's studies have experienced unprecedented growth in the last forty years. Along with the rapid pace of development in medicine and biology, and changes in social expectations, moral quandaries about the body and social practices involving it have multiplied. Philosophers are uniquely situated to attempt to clarify and resolves these questions. Yet the subdiscipline of bioethics still in large part reflects mainstream scholars' lack of interest in gender as a category of analysis. This (...) volume aims to show how a feminist perspective advances bioethics. The author uncover inconsistencies in traditional arguments and argue for the importance of hitherto ignored factors in decision-making. The essays include theory and very specific examples that demonstrate the glaring inadequacy of mainstream bioethics, where gender bias is still often to be found, along with general lack of attention to women's concerns. (shrink)

Psychological evidence suggests that laypeople understand the world around them in terms of intuitive ontologies which describe broad categories of objects in the world, such as ‘person’, ‘artefact’ and ‘animal’. However, because intuitive ontologies are the result of natural selection, they only need to be adaptive; this does not guarantee that the knowledge they provide is a genuine reflection of causal mechanisms in the world. As a result, science has parted ways with intuitive ontologies. Nevertheless, since the brain is evolved (...) to understand objects in the world according to these categories, we can expect that they continue to play a role in scientific understanding. Taking the case of human evolution, we explore relationships between intuitive ontological and scientific understanding. We show that intuitive ontologies not only shape intuitions on human evolution, but also guide the direction and topics of interest in its research programmes. Elucidating the relationships between intuitive ontologies and science may help us gain a clearer insight into scientific understanding. (shrink)

According to the theory of contextual integrity (CI), privacy norms prescribe information flows with reference to five parameters — sender, recipient, subject, information type, and transmission principle. Because privacy is grasped contextually (e.g., health, education, civic life, etc.), the values of these parameters range over contextually meaningful ontologies — of information types (or topics) and actors (subjects, senders, and recipients), in contextually defined capacities. As an alternative to predominant approaches to privacy, which were ineffective against novel information practices enabled by (...) IT, CI was able both to pinpoint sources of disruption and provide grounds for either accepting or rejecting them. Mounting challenges from a burgeoning array of networked, sensor-enabled devices (IoT) and data-ravenous machine learning systems, similar in form though magnified in scope, call for renewed attention to theory. This Article introduces the metaphor of a data (food) chain to capture the nature of these challenges. With motion up the chain, where data of higher order is inferred from lower-order data, the crucial question is whether privacy norms governing lower-order data are sufficient for the inferred higher-order data. While CI has a response to this question, a greater challenge comes from data primitives, such as digital impulses of mouse clicks, motion detectors, and bare GPS coordinates, because they appear to have no meaning. Absent a semantics, they escape CI’s privacy norms entirely. (shrink)

As the author of A Metaphysics for Freedom (Oxford: Oxford University Press, 2012), I respond to each of the preceding eight papers in this Special Issue.

In the late 1930s networks of amateur observers across Britain were collecting data on birds , aircraft and society itself . This paper concentrates on birdwatching practice in the period 1930–1955. Through an examination of the construction of birdwatching's subjects, the Observers, and their objects, birds, it is argued that amateur strategies of scientific observation and record reflected, and were part-constitutive of, particular versions of ecological, national and social identity in this period. The paper examines how conflicts between a rural, (...) organicist Britishness and a modern, planner-preservationist Britishness were elaborated and contained within the figure of the birdwatcher and within the institutional epistemologies of the Royal Society for the Protection of Birds and the British Trust for Ornithology. Such conflicts are shown to be embedded in the structuring of visual perception in different strategies of bird and aircraft identification, particularly between analytic and gestalt methods; the paper examines, using the related ‘field-science’ of aircraft recognition, the importance of identificatory processes in the construction of the Observer, and concludes by examining whether tensions between organicist and scientific discourses were in any sense resolved by the end of this period. (shrink)

The practice of nursing involves ongoing interactions between nurses' and clients' lived bodies. Despite this, several scholars have suggested that the “lived body” (Merleau‐Ponty, 1962) has not been given its due place in nursing practice, education or research (Draper, J Adv Nurs, 70, 2014, 2235). With the advent of electronic health records and increased use of technology, face‐to‐face assessment and embodied understanding of clients' lived bodies may be on the decline. Furthermore, staffing levels may not afford the time nurses need (...) to be as “present” with their clients in embodied ways. The failure to attend to the lived body may contribute to missed opportunities for care and decreased quality of life for both clients and healthcare practitioners. In this paper, we undertake an analysis of selected aspects of the work of Maurice Merleau‐Ponty. The aim is to advance understanding of the affordances this work may offer to enhancing client–nurse interactions within the practice of nursing. Merleau‐Ponty's notions of embodiment, intersubjectivity and intercorporeality as articulated in his seminal texts The Phenomenology of Perception (New York, NY: Routledge, 2012) and The Visible and the Invisible (Evanston, IL: Northwestern University Press, 1968) are examined. These three constructs are discussed as they relate to the lived body in client–nurse interactions in nursing practice and education. Finally, implications of how attention to “the lived body” could shape interactions and have the potential to foster increased quality of life of clients and nurses are considered. (shrink)

This essay explores the intersection of race science and plant taxonomy in the creation of evolutionary taxonomies (phylogenies) of populations of Zea mays, also known as maize or corn. Following recent work in the history and sociology of race, it analyzes maize taxonomy as technology. Through an analysis of successive attempts to classify diverse maize varieties, especially those originating in Mexico, it shows that taxonomy created possibilities for researchers to intervene in commercial agriculture, state development projects, biological conservation, and domestic (...) and international politics and policy. It further underscores that the modern science of maize taxonomy was distinct but never inseparable from assessments of maize’s human cultivators. Attending to particularities of this relationship is crucial, because it reveals the application of maize taxonomy as a technology for ordering human diversity and intervening in human lives, as well as managing the impressive diversity of Zea mays. (shrink)

In the past 40 years there have been a number of significant developments across the fields of educational administration and history. In this volume, the authors have selected a number of key issues to illustrate and trace these changes. The seven articles by leading scholars in the field offer an analysis of contemporary educational administration, history and policy debates and how this has impacted on teachers, leaders, schools and the education sector. This book offers readers a valuable insight into continuing (...) and contemporary debates in the field and the authors offer a refreshing interpretation of these debates. This book provides a rich analysis from a range of theoretical, methodological perspectives and highlights the extent to which these debates remain a contemporary concern. This book was published as a special issue of the _Journal of Educational Administration and History_. (shrink)

Since the 1988 Cartwright Inquiry, lay members of ethics committees have been tasked with ensuring that ordinary New Zealanders are not forgotten in ethical deliberations. Unlike Institutional Review Boards in North America, where lay members constitute a fraction of ethics committee membership, 50% of most New Zealand ethics committees are comprised of lay members. Lay roles are usually defined in very broad terms, which can vary considerably from committee to committee. This research queries who lay representatives are, what they do, (...) and what if anything they represent. Our findings are based on data collection with 12 participants: eight semi-structured interviews with lay members from diverse types of ethics committees who described their roles, and commentary from four ethics committee chairs, three of these lay members who commented on this article’s final draft. Findings indicate that the role of New Zealand lay persons – although distinctively valued – is otherwise similar to the documented role of lay persons within North American ethics committees. Lay members see their role as primarily protecting the research participant and at times offering a corrective to non-lay members’ views and the interests of their institutions. However, in spite of their numbers, most lay members do not see themselves as representing any particular constituent groups or institutionally unaffiliated areas of concern. On tertiary education committees especially, there is a good deal of ambiguity in the lay role. (shrink)

Practice-centric and theory-centric approaches in philosophy of science are described and contrasted. The contrast is developed through an examination of their different treatments of the underdetermination problem. The practice-centric approach is illustrated by a summary of comparative research on approaches in the biology of behavior. The practice-centric approach is defended against charges that it encourages skepticism regarding the sciences.

In historical claims for nativism, mathematics is a paradigmatic example of innate knowledge. Claims by contemporary developmental psychologists of elementary mathematical skills in human infants are a legacy of this. However, the connection between these skills and more formal mathematical concepts and methods remains unclear. This paper assesses the current debates surrounding nativism and mathematical knowledge by teasing them apart into two distinct claims. First, in what way does the experimental evidence from infants, nonhuman animals and neuropsychology support the nativist (...) hypothesis? Second, granting that infants have some elementary mathematical skills, does this mean that such skills play an important role in the development of mathematical knowledge? (shrink)

Predictions about the health risks of low level radiation combine two sorts of measures. One estimates the amount and kinds of radiation released into the environment, and the other estimates the adverse health effects. A new field called health physics integrates and applies nuclear physics to cytology to supply both these estimates. It does so by first determining the kinds of effects different types of radiation produce in biological organisms, and second, by monitoring the extent of these effects produced by (...) given levels of exposure. This essay examines the interplay between evidential constraints and external, contextual interests and values in studying the biological hazards of radiation. By analyzing the debate over linear vs. quadratic dose response models, the essay focuses on problems of developing quantitative, rather than qualitative, estimates of the risks of increased cancer incidence in an exposed population. (shrink)

Miriam Solomon's social empiricism is marked by emphasis on community level rationality in science and the refusal to impose a distinction between the epistemic and the non-epistemic character of factors ("decision vectors") that incline scientists for or against a theory. While she attempts to derive some norms from the analysis of cases, her insistent naturalism undermines her effort to articulate norms for the (appropriate) distribution of decision vectors.

Inspired by Friedrich Nietzsche's idea of philology and William Gass's concept of transreading, Huiwen (Helen) Zhang employs “transreader” to suggest the integration of four roles in one: reader, translator, writer, and scholar. “Transreader” recognizes that close reading, literary translation, creative writing, and cultural hermeneutics are interdependent activities with intertwined goals: to transfer, transvalue, transform, and transcend the canon. From this perspective, Lu Xun, China's Nietzsche, is a twentieth-century transreader of the canon, and his prose poem “Revenge (The Second)” delivers (...) a self-referential ethics of transreading. Zhang's transreading of this poem shows why slow reading is today more necessary than ever, in what sense translation is a universal dilemma, how humanity grows when its expression grows more subtle, and that transreading opens a space for genuine communication. (shrink)

Medically unexplained symptoms (MUS) are common and costly in both primary and secondary health care. It is gradually being acknowledged that there needs to be a variety of interventions for patients with medically unexplained symptoms to meet the needs of different groups of patients with such chronic long-term symptoms. The proposed intervention described herewith is called The BodyMind Approach (TBMA) and promotes learning for self-management through establishing a dynamic and continuous process of emotional self-regulation. The problem is the mismatch between (...) the patient’s mind-set and profile and current interventions. This theoretical article, based on practice-based evidence, takes forward the idea that different approaches (other than cognitive behaviour therapy) are required for people with MUS. The mind-set and characteristics of patents with MUS are reflected upon to shape the rationale and design of this novel approach. Improving services for this population in primary care is crucial to prevent the iterative spiralling downwards of frequent GP visits, hospital appointments, and Accident and Emergency attendance, all of which are common for these patients. The approach derives from embodied psychotherapy (authentic movement in dance movement psychotherapy) and adult models of learning for self-management. It has been developed from research and practice-based evidence. In this article the problem of MUS in primary care is introduced and the importance of the reluctance of patients to accept a psychological/mental health referral in the first instance is drawn out. A description of the theoretical underpinnings and philosophy of the proposed alternative to current interventions is then presented related to the design, delivery, facilitation and educational content of the programme. The unique intervention is also described to give the reader a flavour. (shrink)

Our contribution in this paper is to highlight the ethical implications of workforce engagement strategies in an age of austerity. Hard or instrumentalist approaches to workforce engagement create the potential for situations where engaged employees are expected to work ever longer and harder with negative outcomes for their well-being. Our study explores these issues in an investigation of the enactment of an engagement strategy within a UK Health charity, where managers and workers face paradoxical demands to raise service quality and (...) cut costs. We integrate insights from engagement, paradox, and ethic of care literatures, to explore these paradoxical demands—illustrating ways in which engagement experiences become infused with tensions when the workforce faces competing requirements to do ‘more with less’ resources. We argue that those targeted by these paradoxical engagement strategies need to be supported and cared for, embedded in an ethic of care that provides explicit workplace resources for helping workers and managers cope with and work through corresponding tensions. Our study points to the critical importance of support from senior and frontline managers for open communications and dialogue practices. (shrink)

The invisibility of nursing work has been discussed in the international literature but not in relation to learning clinical skills. Evans and Guile's (Practice‐based education: Perspectives and strategies, Rotterdam: Sense, 2012) theory of recontextualisation is used to explore the ways in which invisible or unplanned and unrecognised learning takes place as newly qualified nurses learn to delegate to and supervise the work of the healthcare assistant. In the British context, delegation and supervision are thought of as skills which are learnt (...) “on the job.” We suggest that learning “on‐the‐job” is the invisible construction of knowledge in clinical practice and that delegation is a particularly telling area of nursing practice which illustrates invisible learning. Using an ethnographic case study approach in three hospital sites in England from 2011 to 2014, we undertook participant observation, interviews with newly qualified nurses, ward managers and healthcare assistants. We discuss the invisible ways newly qualified nurses learn in the practice environment and present the invisible steps to learning which encompass the embodied, affective and social, as much as the cognitive components to learning. We argue that there is a need for greater understanding of the “invisible learning” which occurs as newly qualified nurses learn to delegate and supervise. (shrink)

Paediatric research in low-income countries is essential to tackle high childhood mortality. As with all research, consent is an essential part of ethical practice for paediatric studies. Ethics guidelines recommend that parents or another proxy provide legal consent for children to participate, but that children should be involved in the decision through providing assent. However, there remain uncertainties about how to judge when children are ready to give assent and about appropriate assent processes. Malawi does not yet have detailed guidelines (...) on assent. Understanding perspectives among children and their parents can assist in developing contextually-appropriate assent guidance. Qualitative research was conducted with children and parents in three settings in Southern Malawi, to take account of any variations between socioeconomic and cultural contexts. In each setting, interviews were conducted with parents and their children who had participated in paediatric research to understand their experiences of assent and views on appropriate assent practice. Focus groups were also conducted with children and parents, to understand broader social perspectives. We found widespread support for involving children in decisions on research participation. Participants identified a range of factors that affect children’s capacity to give assent, including intellectual capacity, emotional development, life experience and cultural norms. Age was often mentioned as a consideration, but deemed an unreliable sole indicator of capacity to assent. In relation to appropriate assent processes, participants emphasised considerations such as supporting effective understanding and minimizing harms. Views on how to achieve these aims varied; for example, there were different ideas about the appropriate order in which to approach children and parents, and about whose decision to respect in the event of disagreement. Parents and children agreed about the value of involving children in decisions on research, and about the need to promote children’s decision-making capacity while respecting parents’ interests in children’s welfare. Developing practical guidance that meets these principles is challenging, particularly given the need for flexible approaches that suit different study types, children’s capacities and family environments. Further discussion within the Malawi research and ethics community will help develop contextually-appropriate guidelines. (shrink)

In this special issue of Human Nature we explore the possible adaptive links between teaching and learning during childhood, and we aim to expand the dialogue on the ways in which the social sciences, and in particular current anthropological research, may better inform our shifting understanding of how these processes vary in different social and ecological environments. Despite the cross-disciplinary trend toward incorporating more behavioral and cognitive data outside of postindustrial state societies, much of the published cross-cultural data is presented (...) as stand-alone population-level studies, making it challenging to extrapolate trends or incorporate both ecological and developmental perspectives. Here, contributors explore how human life history, ecological experience, cumulative culture, and ethnolinguistics impact social learning and child development in foraging and transitioning societies around the world. Using historical ethnographic data and qualitative and quantitative data from studies with contemporary populations, authors interrogate the array of factors that likely interact with cognitive development and learning. They provide contributions that explore the unique environmental, social, and cultural conditions that characterize such populations, offering key insights into processes of social learning, adaptive learning responses, and culture change. This series of articles demonstrates that children are taught culturally and environmentally salient skills in myriad ways, ranging from institutionalized instruction to brief, nuanced, and indirect instruction. Our hope is that this collection stimulates more research on the evolutionary and developmental implications associated with teaching and learning among humans. (shrink)

Global ignorance about Africa continues to sustain inappropriate global interventions to resolve public health crises, often with disastrous consequences. To explain why this continues to happen, I marshal two theorems that predict basic statistical properties, called ‘the doctrinal paradox’ and ‘the discursive dilemma’, which underlie scientific consensus formation and evidence-based decision making on a global scale. These mathematical results illuminate the epistemic and material injustices committed by the protocols of medical research conducted at the highest level of global knowledge production (...) in the service of international humanitarian aid for Africans. These social choice theorems reveal that a global scientific consensus projecting claims and proposing policies about Africa’s disease burden is likely to yield a low degree of reliability, in that the probability of its accuracy is less than chance. The solution to this anomaly is to remove from the global scientific agenda the statistically unrealisable demand of satisfying too many multinational corporate and foreign governments’ priorities as equally entitled to benefit from the knowledge produced to improve Africa’s public health sector. Instead, foreign funding targeted to support medical science and policy in Africa should be directed by those specialists in situ who are most familiar with their own national health challenges and potential solutions, rather than relying upon foreign decision makers to interpret Africa’s emergency public health care needs. Keywords Doctrinal paradox, discursive dilemma, scientific consensus, epistemic trust, global health ethics, group agency. (shrink)

There are many theories surrounding infant imitation; however, there is no research to our knowledge evaluating the reliability of listener perception of vocal imitation in prelinguistic infants. This paper evaluates intra- and inter-rater judgments on the degree of “imitativeness” in utterances of infants below 12 months of age. 18 listeners were presented audio segments selected from naturalistic recordings to represent in each case a parent vocal model followed by an infant utterance ranging from low to high degrees of imitativeness. The (...) naturalistic data suggested vocal imitation occurred rarely across the first year, but strong intra- and inter-rater correlations were found for judgments of imitativeness. Our results suggest salience of the infant’s vocal imitation despite its rare occurrence as well as active perception by listeners of the imitative signal. We discuss infant vocal imitation as a potential signal of well-being and as an indicator of language learning and vocal communication skills as perceived by caregivers. (shrink)

Rationality and reason are topics so fraught for feminists that any useful reflection on them requires some prior exploration of the difficulties they have caused. One of those difficulties for feminists and, I suspect, for others in the margins of modernity, is the rhetoric of reason – the ways reason is bandied about as a qualification differentially bestowed on different types of person. Rhetorically, it functions in different ways depending on whether it is being denied or affirmed. In this paper, (...) I want to explore these rhetorics of reason as they are considered in the work of two feminist philosophers. I shall draw on their work for some suggestions about how to think about rationality, and begin to use those suggestions to develop a constructive account that withstands the rhetorical temptations. (shrink)