Primary and secondary processes are the foundational axes of the Freudian mental apparatus: one horizontally as a tendency to associate, the primary process, and one vertically as the ability for perspective taking, the secondary process. Primary process mentation is not only supposed to be dominant in the unconscious but also, for example, in dreams. The present study tests the hypothesis that the mental activity during REM-sleep has more characteristics of the primary process, while during non-REM-sleep more secondary process operations take (...) place. Because the solving of a rebus requires the ability to non-contexually condensate the literal reading of single stimuli into a new one, rebus solving is a primary process operation by excellence. In a replication of the dream-rebus study of Shevrin and Fisher (1967), a rebus, which consisted of an image of a comb (German: “Kamm”) and an image of a raft (German: “Floß”), resulting in the German rebus word “kampflos” (Engl.: without a struggle), was flashed subliminally (at 1 ms) to 20 participants before going to sleep. Upon consecutive awakenings participants were asked for a dream report, free associations and an image description. Based on objective association norms, there were significantly more conceptual associations referring to Kamm and Floß indexing secondary process mentation when subjects were awakened from non-REM sleep as compared to REM-awakenings. There were not significantly more rebus associations referring to kampflos indexing primary process mentation when awakened from REM-sleep as compared to non-REM awakenings. However, when the associations were scored on the basis of each subject’s individual norms, there was a rebus effect with more idiosyncratic rebus associations in awakenings after REM than after non-REM-sleep. Our results support the general idea that REM-sleep is characterized by primary process thinking, while non-REM-sleep mentation follows the rules of the secondary process. (shrink)

Goldman's notions of expert and testimony in epistemological contexts are extended to normative issues. The result is a sketch of a conceptual framework: several types of experts and roles they can serve in informing not specially qualified recipients are distinguished; differences between experts in epistemological and moral contexts are highlighted. This framework then is the point of reference for claims about experts, expertise and moral testimony in Birnbacher's and Jones & Schroeter's contributions to this volume. First, Birnbacher's worries about the (...) legitimacy of moral philosophers sitting as experts on panels, etc. are allayed in one respect and aggravated in another: there are roles and qualifications open to informants about normative issues, but it is doubtful whether moral philosophers per se are up to each of them. Secondly, Jones & Schroeter's objection to Hills's claim that moral testimony cannot orient its recipient properly towards right-making reasons for acting is faulty. (shrink)

What is the impact of mission on ethical business culture? This question was analyzed through a qualitative case study of a large nonprofit organization in the human services industry with a solid history of ethical business practices and consistent use of a values-based decision-making model. This research explored ethical decision making, ethical business culture, and congruence between enacted and espoused institutional values. Institutional values were identified, and the following pair of research questions was examined: To what extent were incongruent values (...) found between espoused and enacted values? To what extent did incongruent values impact the ethical business culture? Incongruent enacted values were present in the culture, but negative impact was diminished by a larger number of congruent enacted values. Additional findings revealed that an intense commitment to the mission by all employees was the common thread that wound throughout the organization’s ethical business culture and essentially abrogated the undesirable effects of incongruent and negative values. (shrink)

Conversational artificial intelligence (CAI) presents many opportunities in the psychotherapeutic landscape—such as therapeutic support for people with mental health problems and without access to care. The adoption of CAI poses many risks that need in-depth ethical scrutiny. The objective of this paper is to complement current research on the ethics of AI for mental health by proposing a holistic, ethical, and epistemic analysis of CAI adoption. First, we focus on the question of whether CAI is rather a tool or an (...) agent. This question serves as a framework for the subsequent ethical analysis of CAI focusing on topics of (self-) knowledge, (self-)understanding, and relationships. Second, we propose further conceptual and ethical analysis regarding human-AI interaction and argue that CAI cannot be considered as an equal partner in a conversation as is the case with a human therapist. Instead, CAI’s role in a conversation should be restricted to specific functions. (shrink)

The vast majority of studies on affective processes in reading focus on single words. The most robust finding is a processing advantage for positively valenced words, which has been replicated in the rare studies investigating effects of affective features of words during sentence or story comprehension. Here we were interested in how the different valences of words in a sentence influence its processing and supralexical affective evaluation. Using a sentence verification task we investigated how comprehension of simple declarative sentences containing (...) a noun and an adjective depends on the valences of both words. The results are in line with the assumed general processing advantage for positive words. We also observed a clear interaction effect, as can be expected from the affective priming literature: sentences with emotionally congruent words (e.g., The grandpa is clever) were verified faster than sentences containing emotionally incongruent words (e.g., The grandpa is lonely). The priming effect was most prominent for sentences with positive words suggesting that both, early processing as well as later meaning integration and situation model construction, is modulated by affective processing. In a second rating task we investigated how the emotion potential of supralexical units depends on word valence. The simplest hypothesis predicts that the supralexical affective structure is a linear combination of the valences of the nouns and adjectives (Bestgen, 1994 ). Overall, our results do not support this: The observed clear interaction effect on ratings indicate that especially negative adjectives dominated supralexical evaluation, i.e., a sort of negativity bias in sentence evaluation. Future models of sentence processing thus should take interactive affective effects into account. (shrink)

Ovo istraživanje u fokusu ima ulogu kontekstualnih čimbenika i samoefikasnosti u samoreguliranom učenju te ciljeva postignuća kao motivacijskih odrednica akademskog nepoštenja u pisanim radovima kod visokoškolskih studenata. Cilj nam je bio istražiti potencijalnu medijacijsku ulogu samoefikasnosti u samoreguliranom učenju i ciljeva postignuća u odnosu između kontekstualnih čimbenika i akademskog nepoštenja u pisanim radovima. U istraživanju je sudjelovalo 414 studenata s tri fakulteta društvenog i humanističkog usmjerenja Sveučilišta u Zagrebu. Studenti su ispunjavali upitnik koji je uključivao mjere kontekstualnih čimbenika akademskog nepoštenja, (...) samoefikasnosti u samoreguliranom učenju, ciljeva postignuća i čestine uključenosti u akademsko nepoštenje u pisanim radovima tijekom studija. Kontekstualni čimbenici predviđali su akademsko nepoštenje u pisanim radovima, kako izravno, tako i posredstvom samoefikasnosti u samoreguliranom učenju i cilja izbjegavanja rada. Nalazi istraživanja ukazuju na važnost okružja učenja i motivacijskih uvjerenja u razumijevanju akademskog nepoštenja u visokom obrazovanju. (shrink)

We examine the embodiment of one foundational aspect of human cognition, language, through its bodily association with the gestures that accompany its expression in speech. Gesture is a universal feature of human communication. Gestures are produced by all speakers in every culture . They are tightly timed with speech . Gestures convey important communicative information to the listener, but even blind speakers gesture while talking to blind listeners , so the mutual co-occurrence of speech and gesture reflects a deep association (...) between the two modes that transcends the intentions of the speaker to communicate. Indeed, we believe that this linkage of the vocal expression of language and the arm movements produced with it are a manifestation of the embodiment of thought: that human mental activities arise through bodily interactions with the world and remain linked with them throughout the lifespan. In particular, we propose that speech and gesture have their developmental origins in early hand-mouth linkages, such that as oral activities become gradually used for meaningful speech, these linkages are maintained and strengthened. Both hand and mouth are tightly coupled in the mutual cognitive activity of language. In short, it is the initial sensorimotor linkages of these systems that form the bases for their later cognitive interdependence. (shrink)

We present one of the first quantitative studies on auditory verbal experiences and auditory verbal agency voices or characters”) in healthy participants across states of consciousness. Tools of quantitative linguistic analysis were used to measure participants’ implicit knowledge of auditory verbal experiences and auditory verbal agencies, displayed in mentation reports from four different states. Analysis was conducted on a total of 569 mentation reports from rapid eye movement sleep, non-REM sleep, sleep onset, and waking. Physiology was controlled with the nightcap (...) sleep–wake mentation monitoring system. Sleep-onset hallucinations, traditionally at the focus of scientific attention on auditory verbal hallucinations, showed the lowest degree of VE and VA, whereas REM sleep showed the highest degrees. Degrees of different linguistic-pragmatic aspects of VE and VA likewise depend on the physiological states. The quantity and pragmatics of VE and VA are a function of the physiologically distinct state of consciousness in which they are conceived. (shrink)

Critics of Aristotelian accounts of practical reasoning, in teaching and in other contexts, criticise phronesis for its rigidity and lack of imagination. This paper argues that phantasia, or imagination, helps us to develop a richer account of Aristotle’s phronesis. Two senses of phantasia, as producing images and as an interpretive faculty, are proposed here to be importantly involved in phronesis. By producing images that help in the selection of an end goal, and by having an interpretive faculty that helps to (...) compare competing possibilities, phantasia plays a crucial role in the practical reasoning process of phronesis. (shrink)

ObjectiveLong-term isolation, including lockdowns and quarantines, may have a distressing effect on anyone experiencing it. Adolescent brain architecture is very sensitive to environmental adversities, and the mental health development of adolescents may be particularly vulnerable during the pandemic era. In order to better understand the triggers for perceived adolescent stress during the COVID-19 lockdown, the present study aimed to assess the effects of social well-being and changes in time use during the lockdown, as well as the family COVID experience of (...) adolescents.MethodsThe sample for this study comprised n = 3,440 adolescents. Bayesian correlations between PSS, health and well-being variables were assessed. PSS was then modeled as an outcome variable in a series of nested Bayesian multilevel regression models.ResultsThe negative impact of the COVID-19 lockdown was more apparent in girls. PSS was moderately correlated with adolescent health and well-being. The strongest predictor of higher level of PSS was frequent feeling of loneliness. On the contrary, lower level of PSS was most associated with having someone to talk to.ConclusionLong-term social isolation of adolescents could be harmful to their mental health. Psychological coping strategies to prevent the consequences of social isolation and development of mental health problems should be promoted on the individual, family, and even community level. (shrink)

At the 2019 and 2021 International Conference on Environmental Psychology, discussions were held on the future of conferences in light of the enormous greenhouse gas emissions and inequities associated with conference travel. In this manuscript, we provide an early career researcher perspective on this discussion. We argue that travel-intensive conference practices damage both the environment and our credibility as a discipline, conflict with the intrinsic values and motivations of our discipline, and are inequitable. As such, they must change. This change (...) can be achieved by moving toward virtual and hybrid conferences, which can reduce researchers’ carbon footprints and promote equity, if employed carefully and with informal exchange as a priority. By acting collectively and with the support of institutional change, we can adapt conference travel norms in our field. To investigate whether our arguments correspond to views in the wider community of ECRs within environmental psychology, we conducted a community case study. By leveraging our professional networks and directly contacting researchers in countries underrepresented in those networks, we recruited 117 ECRs in 32 countries for an online survey in February 2022. The surveyed ECRs supported a change in conference travel practices, including flying less, and perceived the number of researchers wanting to reduce their travel emissions to be growing. Thirteen percent of respondents had even considered leaving academia due to travel requirements. Concerning alternative conference formats, a mixed picture emerged. Overall, participants had slightly negative evaluations of virtual conferences, but expected them to improve within the next 5 years. However, ECRs with health issues, facing visa challenges, on low funding, living in remote areas, with caretaking obligations or facing travel restrictions due to COVID-19 expected a switch toward virtual or hybrid conferences to positively affect their groups. Participants were divided about their ability to build professional relationships in virtual settings, but believed that maintaining relationships virtually is possible. We conclude by arguing that the concerns of ECRs in environmental psychology about current and alternative conference practices must be taken seriously. We call on our community to work on collective solutions and less travel-intensive conference designs using participatory methods. (shrink)

Writing arouses certain sensibilities that bring about what goes on inside the body, but also, while writing, it is the process whereby self gains access to the exterior. A moment can be reached in the act of writing when one enters the flow of flesh, or the space between self and other, self and text, that is the reciprocal mirroring of the other that becomes the same, yet is always other, the incomplete self always in the process of becoming. This (...) is the Merelau-Pontian idea of the chiasm, where being in the world, the becoming self is fleshed out of the oscillations between self and other, reading the other in touching across the text in which the distinction between word and thing, or language and experience, has not yet been made. This inscribing reveals the self as a kind of narrative yet phenomenological aspect of the becoming self. What I’m trying to explore here is writing that reflects the corporeality of the becoming self, the mimetic impulse that yields the self to the other, the oscillations on the threshold of interior/exterior, this textualizing as the fundamental way of our being. (shrink)

Nového knížka Filosof T. G. Masaryk (1994) má tři roviny, které se přirozeně neustále stýkají a prolínají: bilancování dosavadní masarykovské literatury s důrazem na rozbor literatury nejnovější, pokus o systematizaci Masarykova díla, postižení jeho vnitřní logiky a vřazení do evropských souvislostí (Brentano, Husserl), a konečně otevírání a řešení otázek, které je možné v užším slova smyslu označit za problémové a aktuální. Nový ukazuje, jak pomáhá Masarykovo myšlení vracet znovu otázku smyslu a řádu našeho usilování a tvoření.

The search for knowledge has been the driving force behind mankind's existence since the dawn of civilization, and different cultures have developed their own theories of knowledge. _Searching for the Way: Theory of Knowledge in Premodern and Modern China_ deals with the analyses and interpretations of modern Chinese philosophical discourses, especially those concerning theories of knowledge. The author looks at how contemporary Chinese philosophy is awakening from a long slumber and substantiates the hypothesis that this new awakening is fully prepared (...) for fruitful confrontations with the new challenges presented by a globalized world. The study of 20th-century Chinese philosophy has not been the subject of any extensive and systematic discussion in neither the West in general nor in Western Sinology in particular. Hence, this book will be of immense interest to those who are interested in the emerging fields of comparative philosophy, Chinese studies and theology. (shrink)

First published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.

This book offers a thorough technical elaboration and philosophical defense of an objectivist informational interpretation of quantum mechanics according to which its novel content is located in its kinematical framework, that is, in how the theory describes systems independently of the specifics of their dynamics. -/- It will be of interest to researchers and students in the philosophy of physics and in theoretical physics with an interest in the foundations of quantum mechanics. Additionally, parts of the book may be used (...) as the basis for courses introducing non-physics majors to quantum mechanics, or for self-study by those outside of the university with an interest in quantum mechanics. (shrink)

This essay facilitates a critical dialogue between Freud’s early “cathartic method” and Fanon’s notion of a “neurotic situation.” Although Fanon does not explicitly develop this concept as a counterpoint to the Freudian understanding of neurosis, we can nevertheless glean from his work a robust understanding of the kind of psycho-political suffering it designates. To be in a “neurotic situation,” I argue, is to experience neurotic symptoms that are idiosyncratic to oneself and yet also a reflection of social and political structures (...) of oppression that affect all members of an oppressed group. It is a situation that contains both idiosyncratic psychic disturbance and non-idiosyncratic political truth. As such, addressing a neurotic situation requires overcoming the strict separation between therapy and consciousness-raising that some activists espouse. Specifically, in a neurotic situation, therapy and emancipatory consciousness-raising come to shape and condition each other’s objectives: an emancipatory consciousness becomes a condition for the therapeutic alleviation of neurotic symptoms, and therapeutic relief for neurotic symptoms becomes part of what it is like to attain an emancipatory consciousness in a neurotic situation. (shrink)

Recently, there has been growing interest in the use of ontology as a fundamental tool for representing domain-specific conceptual models to improve the semantics, accuracy, and relevance of domain users’ query results. Although the amount of data has grown steadily over the past decade, much data shares similar characteristics that can be captured by a foundational ontology. In this paper, we show how queries based on a foundational ontology can be evaluated and their performance measured. We also present a Foundational (...) Patterns benchmark to help select the most efficient triple memory and its layout. We evaluate the foundational benchmark with both generated and real datasets for state-of-the-art triple stores. (shrink)

Matthew Lipman wrote that “questioning is the leading edge of inquiry.” This reflects the primacy of the question in a community of philosophical inquiry. The heart of the transformative potential of philosophy for children is student engagement in a dialogue grounded in the questions that most appeal to the group and the collaborative attempt to construct meaning and cultivate deep understanding. The students’ responsibility for choosing the question to begin their discussion enhances the democratic nature of the community and highlights (...) the preeminence within the inquiry of the issues that perplex the students. There is a significant relationship between having the children choose the question for discussion and the role of epistemological modesty – the acknowledgement that all members of the group, including the facilitator, are fallible and hold views that could end up being mistaken - in a community of philosophical inquiry. In order to encourage children to engage in what Lipman called “creative questioning,” it’s essential that we trust their judgment and support their cultivation of the inclination to question. (shrink)

Environmental crises, which are consequences of resource-intensive lifestyles and are characterized to a large extent by both a changing climate and a loss of biodiversity, stress the urgent need for a global social-ecological transformation of the agro-food system. In this regard, the bioeconomy and bioeconomic innovations have frequently been seen as instrumental in addressing these grand challenges and contributing to more sustainable land use. To date, the question of how much bioeconomic innovations contribute to sustainability objectives remains unanswered. Against this (...) background, we study four bioeconomic innovations using the case study of animal production and manure utilization in relation to their potential contributions to a social-ecological transformation. The analysis is based on the application of analytical categories derived from the literature that assess the normativity of these innovations and their implicit cultural changes. The results show that the innovations examined manifest existing thought styles and the incumbent socio-technical regime rather than contribute to a more fundamental transition. In this respect, we stress the importance of evolving alterative ideas in innovation design, applying more integrative approaches, such as embedding innovation processes into transdisciplinary processes, and developing adaptive and reflective governance approaches. In return, bioeconomic innovations should adjust towards the design mission of a social-ecological transformation and include a multitude of actors to discuss and harmonize contesting imaginaries and ethical concerns. (shrink)

This symposium includes twelve personal narratives from those who have received clinical ethics consultation (CEC) services as a healthcare provider, patient, family member, or patient advocate. Three commentaries on these narratives are also included, authored by experts and scholars in bioethics, healthcare ethics consultation and certification, narrative medicine, and policy. The goal of this symposium is to call attention to the experiences of people who have received clinical ethics consultation (CEC) services as a healthcare provider, patient, family member, or patient (...) advocate. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (e.g. concerning the registration (...) duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

Cílem studie je stručně přiblížit historii eugeniky a zmapovat problematiku novodobé eugeniky, její metodologie a s ní souvisejících technologických, sociálních a bezpečnostních problémů a morálních úskalí. Studie se také snaží rehabilitovat pojem eugenika, který má především kvůli nacistickým zločinům negativní konotaci, a ukázat, že jako vědecký obor má eugenika stále své místo ve vědě. Představeny budou především eugenické metody, jejichž prostřednictvím by bylo možné ochránit lidstvo před vyhynutím, ale které jsou zároveň velice rizikové a k vyhynutí lidstva mohou rovněž přispět. (...) Text se také věnuje nejzávažnějším argumentům příznivců i kritiků novodobé eugeniky. (shrink)

As we journey into the fourth year of the COVID-19 pandemic, a majority of Americans express relief at a “return to normal,” experience pandemic fatigue, or embrace the idea of living with COVID-19 in much the same way we live with the seasonal flu. But transition to a new phase of life with SARS-CoV-2 does not diminish the importance of vaccination. The US Centers for Disease Control and the Food and Drug Administration recently recommended another round of booster dose for (...) persons age 5 and up, or an initial series for those not previously vaccinated, with an updated bivalent formula that protects against both the original virus strain and Omicron subvariants that are now the dominant source of infection. By most accounts most of the population has been or will become infected with SARS-CoV-2. Suboptimal uptake of the COVID-19 vaccines among the approximately 25 million adolescents in the United States is a significant obstacle to population coverage, public health, and the health and well-being of adolescents. A major cause of low adolescent uptake is parental vaccine hesitancy. This article discusses parental vaccine hesitancy and argues that permitting independent adolescent consent to COVID-19 vaccination should be an ethical and policy priority as we continue to confront the threat of Omicron and other variants of the coronavirus. We discuss the central role of the pediatric healthcare team in caring for adolescent patients who disagree with their parents about vaccination. (shrink)

In this paper, we explore what it means for an object to be eerie. We argue that the Eerie is an index of phenomenology’s limits: it is a complex, contradictory moment in the dialectics of subject/...

This article introduces the concept of epistemic positioning to theorize the relationship between identity-based epistemic judgements and the reproduction of social inequalities, including those of gender and ethnicity/race, in the academia. Acts of epistemic positioning entail the evaluation of knowledge claims based on the speaker’s stated or inferred identity. These judgements serve to limit the scope of the knowledge claim, making it more likely speakers will be denied recognition or credit. The four types of epistemic positioning – bounding (reducing a (...) knowledge claim to elements of personal identity), domaining (reducing a knowledge claim to discipline or field associated with identity), non-attribution (using the claim without recognizing the author) and appropriation (presenting the claim as one’s own) – are mutually reinforcing. Given the growing importance of visibility and recognition in the context of increasing competition and insecurity in academic employment, these practices play a role in the ability of underrepresented groups to remain in the academic profession. (shrink)

Critical accounts over the past years have focused on neoliberalism as a subject of knowledge; there has been a recently growing interest in neoliberalism as an object of knowledge. This article considers the theoretical, epistemological and political implications of the relationship between neoliberalism as an epistemic subject and neoliberalism as an epistemic object. It argues that the ‘gnossification’ of neoliberalism – framing it an epistemic project, and deriving implications for political engagement from this – avoids engaging with numerous ambiguous elements (...) of the production of knowledge. Drawing on Bourdieu’s concept of the ‘scholastic fallacy’ and Boltanski and Chiapello’s work in sociology of critique, the article lays out a framework for the study of the relationship between epistemic, moral, and political elements of critique of neoliberalism, including the conditions of its own production in contemporary academic contexts. (shrink)

Farmers’ markets are a relatively recent phenomenon in Prague, Czechia. The first of them was opened in the autumn of 2009, but the real boom started in the spring/summer of 2010. The survey introduced in this paper is concerned with the study of alternative food networks and farmers’ markets. It offers the results of methodological triangulation based on: (1) the data obtained via the questionnaire survey, (2) market organizers’ reflections on the customer structure, motivation for shopping at farmers’ markets and (...) the question of social exclusivity of farmers’ markets in Prague as revealed in interviews, and (3) the field notes from the participant observation at the markets under study. The results show that farmers’ markets are emerging all around Prague in localities of different social status, so the poorer citizens are not necessarily excluded from the access to markets. The differences between markets, in terms of size, range of goods, and term seem to follow the inner city/hinterlands divide rather than the socio-spatial differentiation of the city. New consumer patterns clearly result from the cultural environment, specific context, and also from the different development path of the post-socialist consumer society. (shrink)

We consider the problem of quadrilaterizing an orthogonal polygon P, that is to decompose P into nonoverlapping convex quadrangles without adding new vertices. In this paper we present a CREW-algorithm for this problem which runs in O time using Θ processors if the rectangle decomposition of P is given, and Θ processors if not. Furthermore we will show that the latter result is optimal if the polygon is allowed to contain holes.

The article deals with Béla Tarr’s longest film Sátántangó and examines relations between image, time and ways of looking, comparing it to Lászlo Krasznahorkai’s 1985 eponymous novel on which the film was based. It reveals connections between episodes and shots in Sátántangó that lead to a conception of time that passes extremely slowly. It is recurrent—leading toward similar, repetitive situations—but at the same represents an inability to change. The image in this film is often conceived as it is mediated and (...) Tarr frequently uses compositions involving ways of looking through some kind of optical device or a window. The only way of accessing reality is to look at it when there is no real opportunity, will or ability to intervene and change it. In this sense the article shows the relationship between the image of the fictional world of Sátántangó, inhabited by passive and demoralized characters, and the world of the film spectator and his or her relation to film image as such. (shrink)

Lone conducted weekly philosophical discussions for first and second graders on human rights and how to be treated in society. With “The right to be treated equally” as a nearly unanimous response, Lone records these reactions in a formatted list.

The United States Constitution embodies both the real and the ideal. It is a concrete written text that uses particular words, has a history, and possesses certain limits; it is also a statement of the aspirations and dreams of a society. This dual identity requires that the Constitution be understood both as written positive law, and as an expression of a national vision and set of ideals. ;I argue for a conceptual theory of law that is positivistic in the sense (...) that it relies for the identification of law on social conventions that form the foundations for determining what counts as law. My view is drawn from H. L. A. Hart's legal positivist view, but it departs from this view to argue that judicial custom can be, along with Hart's rule of recognition, an additional social custom that provides criteria for identifying and creating law. Judicial custom involves the acceptance over time by judges of certain principles as authoritative in the context of adjudicative decisionmaking. I contend that both rules and principles can be part of law, and that principles attain the status of law through judicial custom. ;I rely on this understanding of law to argue for a theory of constitutional adjudication that is an alternative to both originalism and traditional non-originalist theories. Originalism is the view that judges can decide constitutional cases exclusively on the basis of two grounds: the text or the original intentions or understanding of its framers. The theory of law that I defend accepts that these grounds are important for any constitutional decision, but holds that constitutional decisions can also legitimately be made on the basis of constitutional theories. Such theories explain the often broad and abstract language of constitutional provisions by articulating hypotheses about the principles that underlie the text. I argue that the central constitutional commitment is to each individual's right to self-determination. This requires protection of an aspect of personal liberty that involves the deeply personal and unique nature of each person's aspirations, ideas, and initiatives. (shrink)

In the 19th century, a gradual reform of art education began, which achieved its peak in the 1930s. This process manifested itself in the form of schools with an explicit anti-academic spirit – the Bauhaus in Europe and Black Mountain College in the United States. In this paper, I contend that such attempt at reform has never repeated again after the Black Mountain College case, where the combination of John Dewey’s educational principles, Josef Albers’ peculiar conception of art instruction, and (...) the college founders’ ideas concerning the essentiality of art for contemporary democratic societies created a unique environment for the development of an experimental form of art education. Examining this innovation with regard to the current situation of teaching art and the humanities, I argue that - despite a process of reform lasted more than a hundred years - art education still manifests residues of the old, conservative academic spirit, while art schools show features of exclusivity or even elitism. The pursuit for a wholesome social position of art, on the other hand, was the most striking endeavour of many brilliant thinkers in 19th and 20th century, something that art educators and art theoreticians of the 21st century must take this into a serious consideration. (shrink)