Conventionality and aptness are two dimensions of metaphorical sentences thought to play an important role in determining how quick and easy it is to process a metaphor. Conventionality reflects the familiarity of a metaphor whereas aptness reflects the degree to which a metaphor vehicle captures important features of a metaphor topic. In recent years it has become clear that operationalizing these two constructs is not as simple as asking naïve raters for subjective judgments. It has been found that ratings of (...) aptness and conventionality are highly correlated, which has led some researchers to pursue alternative methods for measuring the constructs. Here, in four experiments, we explore the underlying reasons for the high correlation in ratings of aptness and conventionality, and question the construct validity of various methods for measuring the two dimensions. We find that manipulating the processing fluency of a metaphorical sentence by means of familiarization to similar senses of the metaphor (“in vivo conventionalization”) influences ratings of the sentence's aptness. This misattribution may help explain why subjective ratings of aptness and conventionality are highly correlated. In addition, we find other reasons to question the construct validity of conventionality and aptness measures: for instance, we find that conventionality is context dependent and thus not attributable to a metaphor vehicle alone, and we find that ratings of aptness take more into account than they should. (shrink)

Paul H Hirst; Language and Thought, Journal of Philosophy of Education, Volume 1, Issue 1, 30 May 2006, Pages 63–75, https://doi.org/10.1111/j.1467-9752.1967.tb.

Paul H Hirst; Human Movement, Knowledge and Education, Journal of Philosophy of Education, Volume 13, Issue 1, 30 May 2006, Pages 101–108, https://doi.org/10.11.

The articulation of critical dialects of psychology has typically involved a questioning of the foundational assumptions of the so-called mainstream. This has included critiques in the name of more adequate scientific foundations, but more recently these have been accompanied by critiques in the name of an absence of foundations altogether, and critiques that suggest a rethinking of the concept of foundation. These latter versions are usually influenced by the great 20 th Century non-foundational philosophies of figures such as Bergson, Whitehead, (...) Wittgenstein and Heidegger, or by related thinkers such as Deleuze, Serres, Luhmann, Butler and Stengers. In foregrounding themes of process and multiplicity such thinkers provide potent tools for critically rethinking psychological questions. Less positive has been a tendency amongst critical psychologists to polarise natural and social scientific issues and to associate the former with negative images (all that is static, mechanistic, essentialist and conservative). This can lead to a formulaic criticality in which arguments for nature are bad, and those for culture are good. Deconstruction comes to appear simply as an assertion of ‘the discursive construction of’ whatever phenomenon is under scrutiny. To counteract this trend, the proposed paper will discuss a process approach to ontology that welcomes contributions from the natural sciences as well as the humanities and social sciences. (shrink)

_William Empson: Prophet Against Sacrifice_ provides the most coherent account of Empson's diverse career to date. While exploring the richness of Empson's comic genius, Paul H. Fry serves to discredit the appropriation of his name in recent polemic by the conflicting parties of deconstruction and politicized cultural criticism. He argues that Empson is a larger, more important figure than the orthodox in either camp can acknowledge, deserving to be considered alongside such versatile critics as Walter Benjamin, Kenneth Burke and (...) Roland Barthes. (shrink)

Paul Tillich and Pierre Teilhard de Chardin both have made contributions to a theology of evolution. In a 2002 essay John Haught expresses doubt that Tilllich's rather classical theology of “being” is radical enough to account for the “becoming” of evolution. Tillich's ontology of being includes the polarity of form and dynamics. Dynamics is the potentiality of being, that is, becoming. Tillich's dynamic dialectic of being and nonbeing is a more descriptive metaphor for the five mass extinctions of evolutionary (...) history than Teilhard's progress. This dialectic is also a more realistic description of cosmic evolution. Tillich's “Kingdom of God” within history as well as “the End of History,” in contrast to Teilhard's Omega Point, does not appear to contradict the Second Law of Thermodynamics, which predicts that the universe will ultimately disintegrate. Haught's contrast/contact modes of relating science and religion would regard Teilhard's Omega Point as an expression of spiritual hope and purpose rather than a scientifically verifiable principle. The contrast/ contact position is consonant with Tillich's description of religion as part of the vertical dimension of ultimate concern and science as part of the horizontal dimension of relationships between finite objects. Tillich did not share Teilhard's optimistic vision of the future. (shrink)

Because they track the Model Penal Code, current criminal law formulations of risk offenses typically fail to distinguish the rule of conduct question—What risks does the criminal law prohibit?—from the adjudication question — When is a particular violator’s conscious disregard of, or his inattentiveness to, a risk in a particular situation sufficiently condemnable to deserve criminal liability? Instead, the formulations address only the second question — through their definition of reckless and negligent culpability — and fail to provide a rule (...) of conduct provision to define a prohibited risk. This reliance upon culpability definitions as the core of risk-creation offense definitions is problematic because it fails to announce a useable conduct rule that describes those risks the law prohibits. Instead, this approach subjectivizes the definition of prohibited risks. What may be held "reckless" or "negligent" for one person may not be "reckless" or "negligent" for another person in the identical situation — an effect that strips case adjudications of their value in educating the community as to risks that the rules of conduct prohibit. Current risk-creation offenses also are problematic because they make results — including the creation of a prohibited risk — irrelevant to criminal liability. While this is consistent with the Model Code’s view that resulting harm is insignificant, that only culpable state of mind ought to affect liability, it is inconsistent with the view of most state code drafters. Thus, while the Model Code grades offenses without regard to whether a prohibited risk in fact is created, most state codes logically would want to grade lower in the absence of a prohibited risk. These two fundamental problems—the failure to distinguish conduct rules and adjudication rules and the confusion over the significance of results — are related. The Model Penal Code’s general failure to distinguish conduct and adjudication rules made it less likely that state code drafters would notice what they would have seen as the Code’s inappropriate subjectivization of risk and risk offenses. If the Model Code had systematically segregated conduct and adjudication rules, it would have been more obvious to state code drafters that the Code’s formulation of risk-creation offenses was one that they could not accept. (shrink)

Introduction Origin of this book The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. ...

The authors use social science methodology to determine whether a doctrinal shift—from an objectivist view of criminality in the common law to a subjectivist view in modem criminal codes—is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the (...) minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue that there is practical value in having criminal law track shared community intuitions of the proper rules for assigning liability and punishment. For that reason, the study results support the often criticized subjectivist view of modern codes in setting the minimum requirements of liability, but disapprove of the modern codes' shift away from the common law's objectivist view of grading. (shrink)

Ecological restoration is an inherently challenging endeavour. Not only is its underlying science still developing, but the concept itself raises complex questions about nature, culture and the role of humans in the landscape.

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It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments (...) support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance. But this analysis fails to appreciate the crime-control costs of strict liability. By explicitly providing for punishment in the absence of moral blameworthiness, the law undermines its moral credibility with the community and thereby provokes subversion and resistance instead of the cooperation and acquiescence it needs for effective crime control. More importantly, the system’s lost moral credibility undermines the law’s ability to harness the powerful forces of stigmatization, social influence, and internalized norms. Given the serious limitations inherent in the real-world application of general deterrence and preventive detention programs, the most effective crime-control strategy is to build the criminal law’s reputation for being just, which means avoiding the use of strict liability. (shrink)

The availability of diverse sources of data related to health and illness from various types of modern communication technology presents the possibility of augmenting medical knowledge, clinical care, and the patient experience. New forms of data collection and analysis will undoubtedly transform epidemiology, public health, and clinical practice, but what ethical considerations come in to play? With a view to analysing the ethical and regulatory dimensions of burgeoning forms of biomedical big data, Brent Daniel Mittelstadt and Luciano Floridi have brought (...) together thirty scholars in an edited volume that forms part of Springer’s Law, Governance and Technology book series in a collection titled The Ethics of Biomedical Big Data. With eighteen chapters partitioned into six carefully devised sections, this volume engages with core theoretical, ethical, and regulatory challenges posed by biomedical big data. (shrink)

The thymus gland, which plays a key role in the maturation and functioning of the lymphoid system, is implicated in the acquired immune deficiency syndrome (AIDS). The observation that the thymic hormone, thymosin α1, is elevated in individuals at risk for AIDS (as opposed to being depressed in other immunodeficient states) has provided the first direct evidence that the thymus is malfunctioning early in the course of this deadly disease. These observations have been valuable in screening for the syndrome with (...) a rapid radioimmunoassay and in the initiation of the first clinical trials with thymosin in high risk homosexuals and hemophiliacs. If the progressive immune paralysis in AIDS is due to a dying thymus, the early identification of asymptomatic carriers of AIDS or individuals with modest AIDS‐related dysfunction may lead to therapy with thymosin or other thymomimetic agents that can restore immune function and prevent the onset of frank AIDS. (shrink)

Political discourse is saturated with metaphor, but evidence for the persuasive power of this language has been hard to come by. We addressed this issue by investigating whether voting intentions were affected by implicit mappings suggested by a metaphorically framed message, drawing on a real-world example of political rhetoric about the federal budget. In the first experiment, the federal budget was framed as similar to or different from a household budget, though the information participants received was identical in both conditions. (...) When the federal budget was described as similar to a household's, people considered the personal finances of a presidential candidate more relevant—a finding we replicated in a larger, pre-registered study. In a follow-up experiment, we presented participants with a more explicit rhetorical argument and found a similar effect, moderated by political affiliation. These studies illuminate how metaphorical comparison affects cognition for important real-world issues, sometimes in unintended ways. (shrink)

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a (...) justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but one that is, in large part, illusory. Without a principle defining the interrelation of the "purposes," nearly any rule can be justified by some "purpose of punishment." Thus, a decision maker can switch among distributive principles as needed to provide an apparent rationale for whichever rule the person prefers, even if that preference is not based on rational criteria. A second example is found in a central mechanism for determining an offenderâs blameworthiness: the use of an individualized objective standard. The widely used mechanism avoids the problems acknowledged to attend a strictly objective standard. A person's situation and capacities are central to an assessment of whether a person can be fairly blamed for a violation, and the individualized objective standard allows the decision maker to take these into account. At the same time, the mechanism avoids reversion to a completely subjective standard, which might exempt many blameworthy cases from liability. In reality, however, the mechanism only shifts the form of the problem. Codes that use the individualized objective standard fail to provide a principle by which one can determine those characteristics of an offender with which the objective standard ought to be individualized and those with which it ought not. Without a governing principle, the issue again is left to the discretion of decision makers, with no guidance as to how that discretion is to be exercised. A final illusion obscures whether the criminal justice system is, in fact, in the business of "doing justice." The "criminal justice" system imposes "punishment" and encourages moral condemnation of those found "guilty" of "crimes." But while the system cultivates its doing-justice image, it increasingly shifts to a system of essentially preventive detention, where a violator's sanction is derived more from what is needed to incapacitate him from committing future offenses than to punish him for a past offense. There are great advantages to the deception, but also serious costs and inefficiencies. The paper discusses why some illusions are more objectionable than others and what the existence of such illusions says about modern criminal law scholarship. (shrink)

It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on (...) Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups--all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative within limits. What these "communities" did and how they managed have dramatic implications for shaping our modern institutions. Should today's criminal justice system build on people's shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society. (shrink)