Generally, the testimony of intoxicated witnesses has been considered relatively unreliable, but recent research has nuanced the knowledge base regarding these vulnerable witnesses.PurposeTo demonstrate the application of recent research findings regarding intoxicated witnesses to the statements made by a key witness to the murder of Olof Palme, Sweden's prime minister, in 1986. An additional purpose was to illustrate the use of a nuanced calculation of blood alcohol concentration for researchers.MethodsThe Palme murder has been debated since the crime was committed and (...) no one has yet been sentenced. One of the witnesses was intoxicated and to estimate a range for his BAC at the time, a comprehensive BAC calculation was conducted in this study to illustrate important factors to consider in these types of cases.ResultsThrough the demonstration of the use of a nuanced BAC formula and by applying recent research results from studies on intoxicated witnesses, it was estimated that the possible BAC of the witness in the Palme-case at the time of the witnessed crime ranged between BAC = 0 to BAC = 0.13, depending on the type of alcoholic beverage consumed and whether the witness was a social or heavy drinker. This puts the witness either well within the span of maintained completeness as well as maintained accuracy rate, or slightly exceeding this span into the BAC-range of reduced completeness but maintained accuracy rate. He was questioned immediately, and thereafter repeatedly, and he reported similar information throughout the interviews, which is in line with previous results on information maintenance over repeated interviews among intoxicated witnesses.ConclusionThe current case example shows how recent research on intoxicated witnesses can be applied in praxis, illustrating important factors for legal practitioners to consider when interpreting information from intoxicated witnesses. It also provides legal practitioners and researchers with an example of a structured approach to more nuanced BAC-calculations. (shrink)

In the Gogarene region, the period of peak production of the area’s stone crosses - the mid-sixth century through the seventh - was particularly favorable for local governors. This paper investigates the practice of incorporating real persons into devotional images, focusing on many depictions of local personages included in Gogarene crosses’ pictorial compositions amid biblical scenes, with local saints, and in symbolic imagery. The desired effect of this practice was to guarantee the commemoration of these persons in prayers said before (...) the crosses. In the case of the cross at Mtskheta, comparison between the Georgian Lectionary’s content and information surrounding the stational liturgy of Jerusalem confirms that, besides prayers, biblical texts were also read before such crosses. (shrink)

Trademarks are not just property; they are aesthetic creations that pervade everyday experience. As pervasive aesthetic creations having literary, pictorial, graphic, sculptural, and musical content, trademarks deserve aesthetic analysis. So this paper discusses the origins, strength, appeal, and effectiveness of trademarks within the context of aesthetic considerations such as meaning, intention, authorship, and mode of creation. Also reviewed are morphemic and phonemic analysis of trademarks, semantic positioning, the dichotomy between creation and discovery of trademarks, and the differences between trademarks and (...) titles. The discussion is confined to "word marks" consisting of alphanumeric characters because discussing other kinds of marks (such as designs, configurations, sounds, colors, and scents) would raise issues well beyond the scope of a single article. (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied to aesthetic creations (...) is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

Empirical research on human–robot interaction has demonstrated how humans tend to react to social robots with empathic responses and moral behavior. How should we ethically evaluate such responses to robots? Are people wrong to treat non-sentient artefacts as moral patients since this rests on anthropomorphism and ‘over-identification’ —or correct since spontaneous moral intuition and behavior toward nonhumans is indicative for moral patienthood, such that social robots become our ‘Others’?. In this research paper, I weave extant HRI studies that demonstrate empathic (...) responses toward robots with the recent debate on moral status for robots, on which the ethical evaluation of moral behavior toward them is dependent. Patienthood for robots has standardly been thought to obtain on some intrinsic ground, such as being sentient, conscious, or having interest. But since these attempts neglect moral experience and are curbed by epistemic difficulties, I take inspiration from Coeckelbergh and Gunkel’s ‘relational approach’ to explore an alternative way of accounting for robot patienthood based on extrinsic premises. Based on the ethics of Danish theologian K. E. Løgstrup I argue that empathic responses can be interpreted as sovereign expressions of life and that these expressions benefit human subjects—even if they emerge from social interaction afforded by robots we have anthropomorphized. I ultimately develop an argument in defense of treating robots as moral patients. (shrink)

Safety-based theories of knowledge face a difficulty surrounding necessary truths: no subject could have easily falsely believed such a proposition. Failing to predict that ill-grounded beliefs in such propositions do not constitute knowledge, standard safety theories are therefore less informative than desired. Some have suggested that the subjects at issue could easily have believed some related false proposition; but they have given no indication as to what makes a proposition related. I suggest a solution to this problem: a belief is (...) safe iff its subject could not easily have believed a false answer to the same question. (shrink)

ABSTRACT In this article I consider alternate but often complementary models for women’s republicanism from those discussed by Sandrine Bergès. In particular, I make use of Bergès’s insights about extending philosophical inquiry beyond traditional texts to analyse how militant political action was both informed by and informed the creation of philosophical texts, and consider the possibility of bringing direct action into the realm of philosophical investigation.

In this paper I present two reasons why generalized skill-selection--a policy whereby skill, education, and economic independence are indefinitely prioritized in immigration decisions--is pro tanto unjust. First, such policies feed into existing biases, exacerbating status harms for low-SES citizens. The claim that we prefer the skilled to the unskilled, the educated to the uneducated, and the financially secure to the insecure is also heard by citizens. And there is considerable overlap between this message and the stereotypes and biases that set (...) their social status. Skill-selection can reinforce these biases, offering state support for the claim that they are less desirable as members of the society. -/- Second, the need for skilled immigrants ordinarily depends upon and reinforces failures of fair equality of opportunity (FEO). According to the dependency thesis, the need for skilled migrants stems from a failure to ensure domestic FEO. Many low-SES residents would desire to work, for example, as doctors or nurses. However, unequal education, as well as poverty and debt, have made such opportunities largely inaccessible. According to the reinforcement thesis, skill-selection disincentivizes the pursuit of FEO. A state that can meet domestic labor needs through less costly immigration policies will be disinclined to pursue programs designed to equalize opportunities for low-SES residents. -/- Generalized skill-selection in high-income countries like the US is, therefore, pro tanto unjust. However, this is not an argument for excluding the skilled. Skilled immigrants can be admitted through other policies—open borders, family-reunification, or a lottery—without the state signaling that the skilled are more desirable or perpetuating failures of FEO. And states can, responding to local emergencies, temporarily select for particular professions without contributing to these injustices. These concerns only arise when skill is generally and indefinitely prioritized. (shrink)

Part I of this article advanced a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories falter, including failed humor, (...) motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are the Enlightenment Theory's application to literary and musical humor and the relationship of wit to humor. -/- . (shrink)

After describing a constantly changing aesthetic environment in which artistic and architectural works are created and destroyed, this paper asks how legal judgments are made to preserve such works. Specifically the paper addresses legal standards for art preservation such as "recognized quality," "serious artistic value," and "historic, artistic or aesthetic interest." The discussion surveys many of the laws which require "quality" in art, the court opinions which interpret these laws and legal standards, the rules of evidence, and suggestions for how (...) to make legal decisions about art preservation in an age whose motto may become ars brevis, vita longa. (shrink)

This paper outlines how the law has defined art and addressed problems in aesthetics. The discussion shows how the law examines the physical, temporal, and perceptual characteristics of works of art and their manner of creation to determine which works will be legally recognized and protected. The paper also discusses differentiations between various kinds of creations, including art, ornament, design, and craft. Besides outlining how the law judges art, the paper assesses the limitations of legal incursions into aesthetics. The analysis (...) is primarily based on UK law. (shrink)

Part I of this article advances a new theory of humor, the Enlightenment Theory, while contrasting it with other main theories, including the Incongruity, Repression/Relief/Release, and Superiority Theories. The Enlightenment Theory does not contradict these other theories but rather subsumes them. As argued, each of the other theories cannot account for all the aspects of humor explained by the Enlightenment Theory. The discussion is illustrated with examples of humor and explores the acts and circumstances of humor, its literary and artistic (...) expressions, and its physical reactions. Part II shows how the Enlightenment Theory meets challenging issues in humor theory where other theories sometimes falter, including issues such as failed humor, motivation for humor, tickling, laughing gas, and sadistic humor. Also mentioned are literary and musical humor and the relationship of wit to humor. (shrink)

Although best known as a philosopher and political theorist, John Stuart Mill made important contributions to psychology as well. In this he followed his father, James Mill, whose two‐volume Analysis of the Phenomena of the Human Mind (1829) relied upon and updated the “associationist” research program initiated by John Locke and further developed by Dr. David Hartley and David Hume, among others. The Mills pere et fils shared an abiding interest in how human character is formed (and too often deformed) (...) along associationist lines. The elder Mill couched this in “educational” terms, and his son in “ethological” ones. J.S. Mill's new science of Ethology, or character‐formation differed in important respects from his father's theory. The most significant of these was that James Mill held that an individual can play no part in the formation of his own character, while his son disagreed vehemently. Here I trace the sources and implications of this disagreement. (shrink)

The idea that experts (especially scientific experts) play a privileged role in determining the meanings of our words and the contents of our concepts has become commonplace since the work of Hilary Putnam, Tyler Burge, and others in the 1970s. But if experts have the power to determine what our words mean, they can do so responsibly or irresponsibly, from good motivations or bad, justly or unjustly, with good or bad effects. This paper distinguishes three families of metasemantic views based (...) on their attitudes towards bad behaviour by meaning-fixing experts, and draws a series of distinctions relevant for the normative evaluation of meaning-determining actions. (shrink)

1 Introducing Monsieur Foucault Stephen J. Ball Michel Foucault is an enigma, a massively influential intellectual who steadfastly refused to align himself ...

The central thesis of this paper is that fake news and related phenomena serve as defeaters for knowledge transmission via journalistic channels. This explains how they pose a threat to democracy; and it points the way to determining how to address this threat. Democracy is both intrinsically and instrumentally good provided the electorate has knowledge (however partial and distributed) of the common good and the means of achieving it. Since journalism provides such knowledge, those who value democracy have a reason (...) to protect it. Hostile agents, however, can undermine both the effectiveness of democratic decision-making and faith in democracy itself, by deliberately promulgating fake news and hyper-partisan views; moreover, these effects can come about unintentionally on social media. I conclude that we may need to change, not just the way we process information online, but also the informational environment in which we operate. (shrink)

Foucault, Power, and Education invites internationally renowned scholar Stephen J. Ball to reflect on the importance and influence of Foucault on his work in educational policy.

Idioms of Inquiry reflects the most recent and creative thinking in the field of political theory. The contributors agree that the old orthodox political theory is no longer viable, arguing instead for a pluralism of approaches. Each takes a particular idiom of inquiry on its own terms and analyzes its plausibility and internal limitations. The idioms discussed cover the current leading theories: rational choice, Popperian situational analysis, hermeneutics, phenomenology, critical theory, feminism, Foucauldian deconstructionism, and metascientific realism.

There are two views of the essences of speech acts: according to one view, they are natural kinds; according to the other, they are what I call normative kinds—kinds in the (possibly non-reductive) definition of which some normative term occurs. In this article I show that speech acts can be normative but also natural kinds by deriving Williamson's account of assertion, on which it is an act individuated, and constitutively governed, by a norm (the knowledge rule), from a consideration of (...) the natural characteristics of normal cases of its performance. (shrink)

It has long been widely agreed that some concepts can be possessed only by those who have undergone a certain type of phenomenal experience. Orthodoxy among contemporary philosophers of mind has it that these phenomenal concepts provide the key to understanding many disputes between physicalists and their opponents, and in particular offer an explanation of Mary’s predicament in the situation exploited by Frank Jackson's knowledge argument. I reject the orthodox view; I deny that there are phenomenal concepts. My arguments exploit (...) the sort of considerations that are typically used to motivate externalism about mental content. Although physicalists often appeal to phenomenal concepts to defend their view against the knowledge argument, I argue that this is a mistake. The knowledge argument depends on phenomenal concepts; if there are no phenomenal concepts, then the knowledge argument fails. (shrink)

ABSTRACT Contemporary relativists often see their view as contributing to a semantic/post-semantic account of linguistic data about disagreement and retraction. I offer an independently motivated metasemantic account of the same data, that also handles a number of cases and empirical results that are problematic for the relativist. The key idea is that the content of assertions and beliefs is determined in part by facts about other times, including times after the assertion is made or the belief is formed. On this (...) temporal externalist view, speaker behaviours such as retraction of previous assertions play a role in making it the case that a past utterance has a given meaning. (shrink)

What role, if any, should centered possible worlds play in characterizing the attitudes? Lewis :513–543, 1979) argued that, in order to account for the phenomena of self-location :474–497, 1977, Noûs 13:3–21, 1979), the contents of the attitudes should be taken to be centered propositions. Stalnaker Assertion: New philosophical essays, Oxford University Press, Oxford, 2011, Context, Oxford University Press, Oxford, 2014), however, has argued that while centered worlds are needed to characterize e.g. belief states, the contents of such states should be (...) understood as ordinary, uncentered propositions. But Stalnaker does not, as is common, provide a semantics of attitude ascriptions based on the models he develops of the attitudinal states themselves. This paper begins to explore the prospects for doing so. It argues that a simple but well-motivated approach does not yield the principles of knowledge and belief Stalnaker endorses; and that a modification which does brings with it worries of its own surrounding communication and learnability. A technical appendix contains novel and pertinent results in doxastic/epistemic logic. (shrink)

Stanovich & West's dual-system represents a major development in an understanding of reasoning and rationality. Their notion of System 1 functioning as a computational escape hatch during the processing of complex tasks may deserve a more central role in explanations of reasoning performance. We describe examples of apparent escape-hatch processing from the reasoning and judgement literature.

Nurses are encountering an increasing number of ethical dilemmas in clinical practice. Ethics courses for baccalaureate nursing students provide the opportunity for the development of critical thinking skills in order to deal with these effectively. The purpose of this descriptive qualitative study was to describe ethical reasoning in 70 baccalaureate nursing students enrolled in a nursing ethics course. Reflective clinical journals were analyzed as appropriate for qualitative inquiry. The overriding theme emerging from the data was `in the process of becoming', (...) which includes: practicing as a professional, lacking the confidence as a student nurse to take an ethical stand, advocating for patients, being just in the provision of care, identifying the spiritual dimensions of nursing practice, confronting the `real world' of health care, making a commitment to practice with integrity, and caring enough to care. The development of critical thinking and ethical reasoning within the framework of knowing and connecting is essential in nursing education. (shrink)

An experiment is reported examining dual-process models of belief bias in syllogistic reasoning using a problem complexity manipulation and an inspection-time method to monitor processing latencies for premises and conclusions. Endorsement rates indicated increased belief bias on complex problems, a finding that runs counter to the “belief-first” selective scrutiny model, but which is consistent with other theories, including “reasoning-first” and “parallel-process” models. Inspection-time data revealed a number of effects that, again, arbitrated against the selective scrutiny model. The most striking inspection-time (...) result was an interaction between logic and belief on premise-processing times, whereby belief - logic conflict problems promoted increased latencies relative to non-conflict problems. This finding challenges belief-first and reasoning-first models, but is directly predicted by parallel-process models, which assume that the outputs of simultaneous heuristic and analytic processing streams lead to an awareness of belief - logic conflicts than then require time-consuming resolution. (shrink)

This is a reproduction of the original artefact. Generally these books are created from careful scans of the original. This allows us to preserve the book accurately and present it in the way the author intended. Since the original versions are generally quite old, there may occasionally be certain imperfections within these reproductions. We're happy to make these classics available again for future generations to enjoy!

In this article, I offer a new analysis of knowledge: knowledge, I claim, is normal belief. I begin with what I take to be the conceptual truth that knowledge is epistemically justified, or permissible, belief. I then argue that this in turn is simply doxastically normal belief, first clarifying what is meant by this claim, and then providing reasons to think that normal belief, so understood, must be true and safe from error, making it a good candidate for knowledge.

A study is reported which focused on the problem-solving strategies employed by expert electronics engineers pursuing a real-world task: integrated-circuit design. Verbal protocol data were analysed so as to reveal aspects of the organisation and sequencing of ongoing design activity. These analyses indicated that the designers were implementing a highly systematic solution-development strategy which deviated only a small degree from a normatively optimal top-down and breadth-first method. Although some of the observed deviation could be described as opportunistic in nature, much (...) of it reflected the rapid depth-first exploration of tentative solution ideas. We argue that switches from a predominantly breadth-first mode of problem solving to depth-first or opportunistic modes may be an important aspect of the expert's strategic knowledge about how to conduct the design process effectively when faced with difficulties, uncertainties, and design impasses. (shrink)

Francois Recanati’s Mental Files presents a picture of the mind on which mental representations are indexical and transparent. I dispute this picture: there is no clear case for regarding mental representations as indexical, and there are counterexamples to transparency.

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)