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ABSTRACTLawyers play an important role in protecting the interests of the vulnerable in society. Increasingly those engaged in working with clients who are mentally ill, elderly, or experiencing fluctuating mental capacity, are called upon to make decisions and protect interests of clients who struggle to understand the legal consequence and meaning of their decisions. Ethical principles that prohibit lawyers acting on anything other than competent instructions, and disapprove of acting ‘in the best interests’ of clients in the absence of competent (...) instructions, create a series of philosophical and practical challenges to lawyers who work in this area. This article considers the evolution of ethical guidelines in Australia and the United States, noting the significant divergence in philosophy and practice within these jurisdictions. (shrink)

Brain–computer interfaces are a form of technology that read a user’s neural signals to perform a task, often with the aim of inferring user intention. They demonstrate potential in a wide range of clinical, commercial, and personal applications. But BCIs are not always simple to operate, and even with training some BCI users do not operate their systems as intended. Many researchers have described this phenomenon as “BCI illiteracy,” and a body of research has emerged aiming to characterize, predict, and (...) solve this perceived problem. However, BCI illiteracy is an inadequate concept for explaining difficulty that users face in operating BCI systems. BCI illiteracy is a methodologically weak concept; furthermore, it relies on the flawed assumption that BCI users possess physiological or functional traits that prevent proficient performance during BCI use. Alternative concepts to BCI illiteracy may offer better outcomes for prospective users and may avoid the conceptual pitfalls that BCI illiteracy brings to the BCI research process. (shrink)

Feminism is the political theory and practice that struggles to free all women: women of colour, working class women, poor women, disabled women, lesbians, old women – as well as white economically privileged, heterosexual women. (Smith, 1982:49).

Book reviewed in this article: Am I My Parents' Keeper? An Essay on Justice Between the Young and Old. By Norman Daniels.

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty (...) rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

Children are considered by many one of the most vulnerable of all media audiences. After a discussion of the uniqueness of child audiences and commercials' effects on them, this article addresses the values of advertisers who purposely and inadvertently reach children with their messages. Three ethical theories are presented for use in recognizing the special consideration necessary for child audiences. Finally, a model proposed by Robin and Reidenbach (1987) is presented as a means of introducing ethical values and theories into (...) corporate decision-making policies regarding children and advertising. (shrink)

One of Nancy Cartwright's arguments for entity realism focuses on the non-redundancy of causal explanation. In How the Laws of Physics Lie she uses an example from laser theory to illustrate how we can have a variety of theoretical treatments governing the same phenomena while allowing just one causal story. In the following I show that in the particular example Cartwright chooses causal explanation exhibits the same kind of redundancy present in theoretical explanation. In an attempt to salvage Cartwright's example (...) the causal explanation could be reinterpreted as a capacity claim, as outlined in her recent work Nature's Capacities and Their Measurement. However, I argue that capacities cannot be isolated in the way that Cartwright suggests and consequently these capacity claims also fail to provide a unique causal story. We can, however, make sense of capacities by characterizing them in a relational way and I offer some ideas as to how this approach would retain our intuitions about capacities while denying their ontological priority as dormant powers. (shrink)

One of the hallmarks of Kantian philosophy, especially in connection with its characterization of scientific knowledge, is the importance of unity, a theme that is also the driving force behind a good deal of contemporary high energy physics. There are a variety of ways that unity figures in modern science—there is unity of method where the same kinds of mathematical techniques are used in different sciences, like physics and biology; the search for unified theories like the unification of electromagnetism and (...) optics by Maxwell; and, more recently, the project of grand unification or the quest for a theory of everything which involves a reduction of the four fundamental forces under the umbrella of a single theory. In this latter case it is thought that when energies are high enough, the forces , while very different in strength, range and the types of particles on which they act, become one and the same force. The fact that these interactions are known to have many underlying mathematical features in common suggests that they can all be described by a unified field theory. Such a theory describes elementary particles in terms of force fields which further unifies all the interactions by treating particles and interactions in a technically and conceptually similar way. It is this theoretical framework that allows for the prediction that measurements made at a certain energy level will supposedly indicate that there is only one type of force. In other words, not only is there an ontological reduction of the forces themselves but the mathematical framework used to describe the fields associated with these forces facilitates their description in a unified theory. Specific types of symmetries serve an important function in establishing these kinds of unity, not only in the construction of quantum field theories but also in the classification of particles; classifications that can lead to new predictions and new ways of understanding properties like quantum numbers. Hence, in order to address issues about unification and reduction in contemporary physics we must also address the way that symmetries facilitate these processes. (shrink)

In China, state investment into public hospitals has radically decreased since the early 1980s and has brought on the dismantling of the healthcare system in most parts of the country, especially in rural areas. As a result of this overhaul, the majority of public hospitals have needed to compete in the so-called socialist market economy. The market economy stimulated public hospitals to modernize, take on highly qualified medical professionals, and dispense new therapies and drugs. At same time, liberalization has clearly (...) affected the attitude and behavior of both medical professionals and the general public. The public has many concerns about the healthcare system for various reasons: there are long hospital waiting lists, patients experience difficulties in obtaining an appointment to see a qualified doctor, and, over the past decades, there has been an increase in out-of-pocket healthcare expenditure. These and other changes in post-reform China have radically reshaped the doctor–patient interaction, which is increasingly eroded by tension and violence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:From the Dutch Novel Messire (2008) by Els LaunspachEls LaunspachTranslated by Laura Vroomen (bio)The rooftops have just appeared out of the November night. First the white frames become visible, then the roof tiles, the walls and the gaping holes of the windows. A cluster of ravens alights on the far side of the tower. Three birds think better of it and fly from the eaves to the oak tree. (...) They are all awaiting the new day, as I am. The last remaining leaves on the trees—at night their vague contours can fool you into thinking it is summer—are shrivelled and yellow, the colour of the torches that are now being lit behind some castle windows. The mist presses against the walls of the watch house. Slowly, the dark-grey light turns a cooler shade.’How could he convey his experiences with a lump of charcoal? He threw it down on the table. His fingers had turned black and the characters, conceived with such conviction, were crude, with smudges everywhere. Yet he picked up his makeshift writing tool once more, this time to record two facts.‘I have lost my books. Cromwell sent Rich to take them away.’His books in Rich’s hands, his solace disappearing from view behind that pleated cloak. Naturally, their contents were all in his head. But his books were his friends; fellow travellers, silent witnesses, comrades. All gone, even God’s [End Page 249] word. Only a single sheet of paper remained, but what he wanted to tell his daughter Margaret, how the day began, refused to take shape.‘It’s funny,’ he had wanted to write. ‘I used to say that I’d wanted to be a monk, remember? Now I’ve got what I wanted. Peace and quiet. Few sounds penetrate my tower, save for the croaking of the ravens and the occasional cooing dove. I can meditate and pray and ponder to my heart’s content. The cries of the rowers and the seamen seem very distant, somewhere down below. No interruptions. At times the wind rattles the window and howls through the slit in the wall. I can hear John-a-Wood moving his stool or dropping a cup on the floor—wood and tin on stone. I have found my place in the world, Margaret. I have become pure spirit, just as I had wished. Still, I’m plagued by doubt and bad dreams.’ No, there was no need for them to know that. His family was worried enough as it was. The more steadfast he became, the more they worried. Humour no longer helped either. His eldest child’s letters pierced right through it.So now everything was laid bare. No more digression or embellishment; charcoal did not allow it. He had been reduced to straight talking, to facts. His days had become pure routine. Rise at six and pray. At times it felt as if he were in his own chapel at home, until he heard the rattling of John’s keys. The door would open: barley gruel and a jug of fresh water. The first and only smile of the day, unless he had a visitor. Then he was alone again to study and think.Now that his books were gone, there was every opportunity for thinking. Having had visitors just the week before, he could not expect any for a while. At the time he had not been able to summon the energy to listen and respond; his neck was stiff, turning his head painful. Howard had been there, asking question after question in an attempt to offer him a way out, when all he wanted was to enjoy the fire. Firewood and visitors went hand in hand, unbeknownst to Norfolk. The prisoner wanted to be alone and enjoy the fire. He wanted to close his eyes and not have to turn his head, to lose himself completely in the heat.So now he did not study after breakfast, but wrote a letter instead. Writing, debate and analysis were his reason for living, so he felt compelled to keep working, even here, even with a useless lump of charcoal. But prayer... (shrink)

Fostering early literacy depends in part on engaging and inspiring children’s early interest in reading. Enriching the causal content of children’s books may be one way to do so, as causal information has been empirically shown to capture children’s attention. To more directly test whether children’s book preferences might be driven by causal content, we created pairs of expository books closely matched for content and complexity, but with differing amounts of causal information embedded therein. Three and 4 years old participants (...) ( n = 48) were read both books and their interests and preferences were evaluated. When asked to choose, children preferred the highly causal over the minimally causal books. Results are discussed in terms of broader implications for creating books that optimally engage young children, as well as guiding book selections parents and educators make in their endeavors to promote interest in reading and early literacy. (shrink)

Austen's heroines need all their resources to overcome the suffering that their virtues occasion. Isolation threatens Emma Woodhouse, Anne Elliot, and Elinor Dashwood because of rather than in spite of their characteristic excellences. But this cannot be: virtue is supposed to contribute to flourishing, not detract from it. Fortunately, Emma, Anne, and Elinor also possess proper self-sufficiency, enabling them to endure and overcome the trials of their own virtue. Thus, Austen's heroines avoid misery, and virtue theorists learn to attend to (...) virtues that respond to the struggle that partially constitutes even excellent human lives. (shrink)

The educational reform movement in social studies has focused on constructivist and inquiry-oriented approaches to the teaching of history. Since many social studies teacher education students have had little experience with such approaches in their own schooling, special attention needs to be given to these topics within teacher preparation programs if they are to be implemented in schools. One pathway for accomplishing this is through investigations of local history. This article presents an exploratory qualitative research study investigating pre-service teachers' understanding (...) of inquiry and the impact of a set of lessons in a methods class using local history in the service of inquiry-oriented learning. The results suggest that local history can be an effective tool for stimulating interest in and a deeper understanding of inquiry-oriented teaching. (shrink)

Legal pluralism refers to the idea that in any one geographical space defined by the conventional boundaries of a nation state, there is more than one law or legal system. This article examines several aspects of legal pluralism focusing on the relationship between the empirical facts of pluralism and its conceptual foundations. Variety of factors produce the perception of legal pluralism, which is reflected in intensified interest in the concept in contemporary scholarship. Legal philosophy and sociological approaches to law often (...) still occupy quite separate scholarly terrains. Legal pluralism has been identified as a fruitful area for constructive engagement between legal philosophy and the sociology of law. This article emphasizes the fact that with the decline of nation states as the locus of political and legal power, it seems inevitable that traditional state-centered legal philosophy must give way to a different paradigm, which recognizes the plurality of law. (shrink)