This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how (...) a sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence.

What does the law want? -- How the law thinks -- How the law works -- The litigious mind -- Tyranny of the mind -- Lawyers in love -- Staying and going -- Soul values.

In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines (...) into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent. (shrink)

This article examines the race-thinking and colonial reasoning circulating in two recent developments in Canadian law with respect to polygamous marriage: the Polygamy Reference that upheld the Criminal Code provision on polygamy and the Zero Tolerance for Barbaric Cultural Practices Act. This legislation introduced changes to Canada’s immigration regulations, which include the practice of polygamy as a basis for refusing foreign applicants and deporting foreign nationals. I address how insights from the field of evolutionary psychology were applied in the (...) Polygamy Reference and what discursive and material resonances they had in the Zero Tolerance Act. Drawing on the work of Sylvia Wynter, I situate these judicial and legal developments in relation to violence, within colonial formations of state power, and as forces supporting white supremacy through the continuing valorization of monogamy as a foundational aspect of social and sexual citizenship in Canada. (shrink)

This book is an extremely comprehensive review of the status of contemporary psychiatry, both in its theoretical and clinical aspects. While heavily dominated by a psychoanalytic bias, it explores other theoretical and clinical approaches. Included in its contents are the historical beginnings and later development of psychiatry, psychological testing and its utility for psychiatry, nosology of psychiatric disorders, various types of therapies currently in vogue, the organic as well as the psychotic disorders, psychopathic and sociopathic behavior, drug and alcohol (...) addiction, and the general usefulness of psychiatry to medicine, law, and society. The authors generally discuss the investigations and proposals of other behavioral scientists, and then offer their own view of the topic at issue. Of interest to students of philosophy are: considerations relevant to the mind-body problem, problems of normative statements inherent in attempts to determine criteria for distinguishing normal from abnormal behavior, and general matters of methodology, confirmation, and other problems in the philosophy of science which pervade all of behavioral science as well as physical science. The authors may have their personal axe to grind, but freely admit to the tenuous theoretical status of every psychodynamic system so far advanced. Their style is tedious and sometimes cumbersome. However, the book is an extremely contemporary survey, in some depth, of the state of psychiatry, and serves as a valuable reference for both lay and professional reader.—L. P. K. (shrink)

Einstein’s razor, a corollary of Ockham’s razor, is often paraphrased as follows: make everything as simple as possible, but not simpler. This rule of thumb describes the challenge that designers of a legal system face—to craft simple laws that produce desired ends, but not to pursue simplicity so far as to undermine those ends. Complexity, simplicity’s inverse, taxes cognition and increases the likelihood of suboptimal decisions. In addition, unnecessary legal complexity can drive a misallocation of human capital toward comprehending and (...) complying with legal rules and away from other productive ends. While many scholars have offered descriptive accounts or theoretical models of legal complexity, most empirical research to date has been limited to simple measures of size, such as the number of pages in a bill. No extant research rigorously applies a meaningful model to real data. As a consequence, we have no reliable means to determine whether a new bill, regulation, order, or precedent substantially effects legal complexity. In this paper, we begin to address this need by developing a proposed empirical framework for measuring relative legal complexity. This framework is based on “knowledge acquisition”, an approach at the intersection of psychology and computer science, which can take into account the structure, language, and interdependence of law. We then demonstrate the descriptive value of this framework by applying it to the U.S. Code’s Titles, scoring and ranking them by their relative complexity. We measure various features of a title including its structural size, the net flow of its intra-title citations and its linguistic entropy. Our framework is flexible, intuitive, and transparent, and we offer this approach as a first step in developing a practical methodology for assessing legal complexity. (shrink)

This book offers practical advice for legal professionals to optimize cognitive fitness and protect their brain from the damaging effects of chronic stress. Drawing on the latest research in neuroscience and psychology, it provides actionable information to help readers thrive amidst the demands and stressors of the legal profession.

Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of (...) the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. Matthias Mahlmann is University Professor, Chair of Philosophy and Theory of Law, Legal Sociology and International Public Law at the University of Zurich. (shrink)

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal (...) institutions. Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers. (shrink)

In the so-called agreement model of psychic conformity, the passions do not retain their former character, only under tighter rein, but take on a new character altogether. In the competing control model, the passions may conform to reason, but they never change their character so as to cooperate with reason, just as a trained lion conforms to the commands of a tamer whose direction it is never capable of internalizing and cooperating. This chapter argues that these two models appear together (...) in Plato for the simple reason that each captures, in its own way, aspects of our psychology Plato finds too important to ignore. It is further argued that without a psychological model of the agent as a whole, Plato lacks the psychological underpinnings for an account of virtue as the transformation of the agent as a whole, and thus for an account of happiness that is holistic rather than dimensional, consisting not in one's flourishing in some dimension of one's life but in one's flourishing as a harmoniously integrated whole. Consequently, Plato offers a compelling ethical and value-theoretical account of pleasure as a conditional good that is rationally incorporated by practical intelligence, but lacks an adequate unified psychology of the affective and rational activities of the soul to underwrite that ethical and value-theoretical account. (shrink)

For a long time, it seemed that Aristotelians and Kantians had little to say to each other. When Kant the moralist was known in the English-speaking world primarily from his Groundwork and his Critique of Practical Reason, Kant's conceptual vocabulary of “duty,” “law,” “maxim,” and “morality” appeared quite foreign to Aristotle's “virtue,” “end,” “good,” and “character.” Yet ever since philosopher Mary Gregor's Laws of Freedom, published in 1963, made Kant's The Metaphysics of Morals central to the interpretation of his ethical (...) thought, it has become clear that such “Aristotelian” terms as virtue, end, good, happiness, and character are also central to Kant. Aristotelians and Kantians now see that they have plenty to say to each other, and they have gone from being adversaries to sharing a sometimes unprincipled urge to merge central aspects of Aristotle's and Kant's ethical thought. (shrink)

The aim of psychology is to understand the human mind and behavior. In contemporary psychology, the method of choice to accomplish this incredibly complex endeavor is the experiment. This dominance has shaped the whole discipline from the self-concept as an empirical science and its very epistemological and theoretical foundations, via research practice and the scientific discourse to teaching. Experimental psychology is grounded in the scientific method and positivism, and these principles, which are characteristic for modern thinking, are still upheld. (...) Despite this apparently stalwart adherence to modern principles, experimental psychology exhibits a number of aspects which can best be described as facets of postmodern thinking although they are hardly acknowledged as such. Many psychologists take pride in being “real natural scientists” because they conduct experiments, but it is particularly difficult for psychologists to evade certain elements of postmodern thinking in view of the specific nature of their subject matter. Postmodernism as a philosophy emerged in the 20th century as a response to the perceived inadequacy of the modern approach and as a means to understand the complexities, ambiguities, and contradictions of the times. Therefore, postmodernism offers both valuable insights into the very nature of experimental psychology and fruitful ideas on improving experimental practice to better reflect the complexities and ambiguities of human mind and behavior. Analyzing experimental psychology along postmodern lines begins by discussing the implications of transferring the scientific method from fields with rather narrowly defined phenomena—the natural sciences—to a much broader and more heterogeneous class of complex phenomena, namely the human mind and behavior. This ostensibly modern experimental approach is, however, per se riddled with postmodern elements: creating phenomena in an experimental setting, including the hermeneutic processes of generating hypotheses and interpreting results, is no carbon copy of “reality” but rather an active construction which reflects irrevocably the pre-existing ideas of the investigator. These aspects, analyzed by using postmodern concepts like hyperreality and simulacra, did not seep in gradually but have been present since the very inception of experimental psychology, and they are necessarily inherent in its philosophy of science. We illustrate this theoretical analysis with the help of two examples, namely experiments on free will and visual working memory. The postmodern perspective reveals some pitfalls in the practice of experimental psychology. Furthermore, we suggest that accepting the inherently fuzzy nature of theoretical constructs in psychology and thinking more along postmodern lines would actually clarify many theoretical problems in experimental psychology. (shrink)

This article examines the nature of rationality. The domain of rationality is customarily divided into the theoretical and the practical. Whereas theoretical or epistemic rationality is concerned with what it is rational to believe, and sometimes with rational degrees of belief, practical rationality is concerned with what it is rational to do, or intend or desire to do. This article raises some of the main issues relevant to philosophical discussion of the nature of rationality. Discussions of the nature of practical (...) rationality and reason concern norms of choice, and it seems that if such norms are not arbitrary, arguments over what those norms are must ultimately be a theoretical matter. Furthermore, this article explores rationality's role in and relation to other domains of inquiry: psychology, gender, personhood, language, science, economics, law, and evolution. (shrink)

Concept of meditation in Tibetan Buddhism.

From a psychological standpoint, communicating a severe diagnosis entails more than just naming a disease, it is a complex process with a number of stages: finding out what the patient already knows about the illness (some of which might be wrong, and thus psychologically detrimental), informing the patient while answering any questions (about the illness itself, the treatment, prognosis, recovery period, etc.) and last but not least, providing a minimum of psychological support depending on the patient’s reaction. Romanian (...) law regarding doctor-patient relationship and communication is modeled on the Anglo-Saxon model centered on patient autonomy and direct communication with the latter if the patient desires to know the truth about his condition. If this is not the case, the patient can name a proxy for doctor-patient communication. There are three legal documents that clarify these aspects: Law of Patient Rights, Medical Association’s Ethics Code and the Health Reform Law. The first two are conflicting on several aspects that we will discuss in this paper. The few studies on doctor-patient communication published in Romania reveal that there is no unitary methodology in this field. The doctors attest that often times the patient’s family, when faced with severe illness turn to the traditional model of communication, i.e. they desire to know the severe diagnosis first and pressure the physician to hide the truth form the patient, contrary to the letter of the law. The aim of this paper is to discuss the issue of communicating severe diagnosis in nowadays Romania in a very complex context: 1. The model of doctor-patient relationship and communication has changed after communist era (from paternalistic to partenerial); 2. Conflicting and missing issues in laws; 3. Laws based on patient’s autonomy principle in a traditional society based on another model of taking care (the patient is part of a family nucleus and the family wants to interfere into the medical communication process). Communication has only recently entered the curriculum of some medical schools in Romania. The doctors questioned as part of a study reveal that they‘ve learned to communicate a severe diagnosis by trial and error. This being said we recommend the inception of practical doctor-patient communication courses that could lead to improving doctor-patient relationships, communication of the diagnosis being their foundations. (shrink)

Poor university students are a special group. Social development provides many positive factors for poor university students’ personality and psychological development, but negative factors are also accompanied by them, which affect the psychological health of poor university students. University students are in a period of rapid physical and mental development, and it is an important issue that colleges and universities need to solve psychological well-being education. We hope to find out the aspects that can be studied in (...) the irregularity of various factors that affect college students’ mental health. BP neural network is a typical model of artificial neural network. Based on the BP algorithm and the fuzzy comprehensive evaluation of the psychological well-being prediction system for poor university students, this paper systematically summarizes the concept of psychological well-being, the factors that affect psychological well-being, and the related research done by predecessors on psychological well-being. Using the international psychological well-being scale SCL-90 to comprehensively consider the psychological well-being status of poor university students and select the optimized BP algorithm to establish a psychological well-being prediction model, and implement it and compare it with other models to reflect its superiority. Data were collected and analyzed by means of a questionnaire. The regression model was used to analyze the relationship between mindfulness, rumination and psychological well-being. The mediation index fitted by the model reached 0.9. The model can reflect the real situation of the data, that is, rumination plays a partial mediating role in the effect of mindfulness on psychological well-being. The introduction of this psychological prediction model into the psychological well-being education of poor university students not only helps to improve the educational concept and expand the educational approach, but also helps to achieve the goal of psychological well-being education for poor university students, thereby promoting the improvement of the psychological quality of poor university students. (shrink)

Voluntariness is a necessary condition of valid consent. But determining whether a person consented voluntarily can be difficult, especially when people are subjected to coercion or manipulation, placed in a situation with no acceptable alternative other than to consent to something, or find themselves in an abusive relationship. This book presents a novel view on the voluntariness of consent, especially medical consent, which the author calls Interpersonal Consenter-Consentee Justification (ICCJ). According to this view, consent is voluntary if and only if (...) the process by which it has been obtained aligns with principles of interpersonal justification. ICCJ is distinctive because it explains voluntary consent neither as a 'psychological' concept indicative of the inner states of a person's mind (e.g. willingness or reluctance) nor as a 'circumstantial' concept indicative of a person's set of options. Rather, ICCJ explains the voluntariness of consent as an 'interpersonal' concept requiring the absence of illegitimate control within the interaction between the person giving consent and the person receiving it. In so doing, ICCJ further develops the notion of interpersonal justification, known from contractualist theories in moral philosophy, and introduces it to the debate on consent. The author employs a top-down approach, defending ICCJ's key characteristics on the basis of general theoretical arguments, as well as a bottom-up approach, supporting ICCJ in its application to clinical challenges such as nudging and manipulation, living organ donation, and clinical trials. Voluntary Consent will appeal to researchers and advanced students in normative ethics, bioethics, philosophy of law, behavioural psychology, and medicine. (shrink)

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...) fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

This volume, edited by three leading proponents and practitioners of human science psychology, serves as an invitation to readers new to this approach while also renewing that invitation to those who have long embraced and advanced research in the field from this perspective. It is a timely and important invitation. In 2009, the American Psychological Association declared psychology to be a core STEM (science, technology, engineering, mathematics) discipline and advocated the teaching and practice of psychology with this natural (...) science understanding in mind, but in 2014 further reaffirmed alternative methods by adding a new journal, Qualitative Psychology. The varied essays in this volume, certainly, bolster the view that a purely STEM-centered vision would ignore much about the very experience of being human.In fact, it would be dangerous to rely solely on the methods of the natural sciences to study human beings, who operate in the realm of meanings, lived experience, and complex and complicated relationships with self and others. We create societies and belief systems, orient ourselves in time, experience beauty and pain. The Qualitative Vision for Psychology: An Invitation to a Human Science Approach argues that because we have aspects that are distinctly and uniquely human -- we are not rats, hydrogen, or rocks, for example -- this necessitates a distinctly human science, one that regards persons as humans rather than objects of study. The laws and formulas of the natural sciences simply do not take into account that particularly human way of being in the world.There are few comprehensive books on psychology conceived as a human science, even though it has a long history with roots in phenomenology, existentialism, psychoanalysis, humanistic psychology, and hermeneutics. In recent years, as these essays discuss, the field has been transformed through its contact with feminism, critical historical analysis, and deconstruction, and it has continued to examine new challenges. Further, we see here its specific applicability to issues as diverse as empathy, cultural history, apartheid, sexual assault, fetishes, and our natural environment. (shrink)

With the increasingly serious employment situation in China, the government and schools encourage college students to start businesses to alleviate employment pressure. College student's successful entrepreneurship depends on national preferential policies, social support, and, most importantly, their healthy and solid psychological quality and entrepreneurial psychological quality. The purpose is to understand the entrepreneurial psychology of college students and study the entrepreneurial psychological effect. Firstly, the four aspects of entrepreneurial psychology are summarized, including entrepreneurial awareness, entrepreneurial volition, entrepreneurial (...) ability, and entrepreneurial personality. Secondly, the research status of college students' entrepreneurial psychology is reviewed, and the existing problems are pointed out. Thirdly, the combined model of wavelet transform and Neural Network is proposed, and the feasibility of the proposed model is evaluated through the analysis of college students' entrepreneurial psychology. The wavelet NN is used in experimental design to predict college students' entrepreneurial psychology, and the predicted results are compared with the actual value. From the perspective of the prediction results of entrepreneurial psychology, the combination of wavelet algorithm and neural network is more accurate for entrepreneurial psychology prediction and evaluation results of law students. Overall, the difference between the predicted value and the actual value is within 0.3 points, which is relatively stable. According to the analysis of single-factor results, the scores of students of different majors in the four dimensions of entrepreneurial psychology are all higher than 3.5, but there is no significant difference among the four dimensions, indicating that the major has no significant impact on entrepreneurial psychology; law students with different educational backgrounds have significant differences in entrepreneurial psychology, among which students with a master's degree have the strongest entrepreneurial will, while doctoral students have the lowest entrepreneurial will; in terms of entrepreneurial psychological capital, men's self-efficacy is higher than women's, and the difference is significant. The difference between males and females in the scores of entrepreneurial psychological factors' four aspects is not very obvious. In terms of entrepreneurial psychological capital, males' self-efficacy is significantly higher than females'. Artificial Intelligence technology has great application prospects in the prediction and evaluation of college students' entrepreneurial psychology, and college students' entrepreneurial psychology is highly correlated with gender and education. (shrink)

Marxism, Psychology and Social Science Analysis applies Marxist theory, psychology, and the work of Lucien Sève to specific research in the social sciences. It shows in practical terms what guidance can be offered for social scientific researchers wanting to incorporate Sève's view of personality into their work. Providing case studies drawn from different social sciences that give the book significant breadth of scope, Roche reviews the impact of "Taking Sève Seriously" across the study of international relations theory, economics, law, and (...) moral philosophy. The book begins by placing the work of Lucien Sève in context and considers the development of psychology in relation to Marxism, before going on to summarise the work of Sève in relation to the psychology of personality. It considers the opportunities for refreshed research in social relations based on developments by Sève, before examining Marxist biography and the implications of Sève's views. The book also includes chapters on the social discount rate, on constructivism in international relations, on the concept of promising in moral philosophy and the Marxist conception of individual responsibility. It addresses not only how research should be carried out differently, but whether utilising the theoretical framework of other writers, even non-Marxists, can deliver a similar outcome. With its use of five distinct case studies to analyse the work of Lucien Sève, this unique book will be of great interest to academics, researchers and postgraduate students in the fields of psychology, philosophy and social sciences. (shrink)

_Despite advances in standard of living of the population, the condition of widows and divorced women remains deplorable in society. The situation is worse in developing nations with their unique social, cultural and economic milieu, which at times ignores the basic human rights of this vulnerable section of society. A gap exists in life expectancies of men and women in both developing and developed nations. This, coupled with greater remarriage rates in men, ensures that the number of widows continues to (...) exceed that of widowers. Moreover, with women becoming more educated, economically independent and aware of their rights, divorce rates are increasing along with associated psychological ramifications. The fact that widowed/divorced women suffer from varying psychological stressors is often ignored. It has been concluded in various studies that such stressors could be harbingers of psychiatric illnesses (e.g., depression, anxiety, substance dependence), and hence should be taken into account by treating physicians, social workers and others who come to the aid of such women. A change in mindset of the society is required before these women get their rightful place, for which a strong will is needed in the minds of the people, and in law-governing bodies._. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Discusses the ethics of family from a philosophical and practical perspective, engaging law, psychology, and sociology.

BackgroundDefensive medicine (DM) practice refers to the ordering or prescription of unnecessary treatments or tests while avoiding risky procedures for critically ill patients with the aim to alleviate the physician’s legal responsibility and preserve reputation. Although DM practice is recognized, its dimensions are still uncertain. The subject has been highly investigated in developed countries, but unfortunately, many developing countries are unable to investigate it properly. DM has many serious ramifications, exemplified by the increase in treatment costs for patients (...) and health systems, patients’ exposure to risks, and negative effects on the psychological health of both health providers and recipients. Ultimately, the most serious consequence is the ethical consequences.MethodsThis work is based on a review of the literature related to DM worldwide and a comparison with the available knowledge found in Jordan. It is qualitative with a descriptive nature, aiming to diagnose the current DM practice in Jordan.ResultsThis is the first published article that discusses DM in Jordan by diagnosing its ethical and economic consequences for the health system as well as for patients. Despite the knowledge of the reasons that support its practice, little is being done to solve this issue. The absence of agreeable medical malpractice law, the dearth of unified medical protocols, the overwhelming pressure imposed by patients on medical staff, and the deteriorating patient-physician relationship are some of the causes of DM practice. Surely, the solution to these issues is to focus on fortifying the ethical and humanitarian aspects on the side of both the physician and the patient to ensure positive collaboration. The ethical aim of the physician to treat the patient faithfully and do what is possible to help combined with the appreciation of the physician’s efforts and the choice to not take advantage of the physician through litigation could be the most reasonable solution in the near future.ConclusionJordan is suffering from DM due to the limited financial expenditure on the health sector and the impracticality of medical malpractice law. The authors highlight that the cardinal step in solving this dilemma is restoring the ethical dimension of the patient-physician relationship. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

_The Practice of Ethics_ is an outstanding guide to the burgeoning field of applied ethics, and offers a coherent narrative that is both theoretically and pragmatically grounded for framing practical issues. Discusses a broad range of contemporary issues such as racism, euthanasia, animal rights, and gun control. Argues that ethics must be put into practice in order to be effective. Draws upon relevant insights from history, psychology, sociology, law and biology, as well as philosophy. An excellent companion to (...) LaFollette's authoritative anthology, _Ethics in Practice: An Anthology, Third Edition_. (shrink)

To advance a successful reading of Kant's theory of motivation, his interpreter must have a carefully developed position on the relation between our rational and sensible capacities of mind. Unfortunately, many of Kant's commentators hold an untenably dualistic conception, understanding reason and sensibility to be necessarily conflicting aspects of human nature that saddle Kant with a rigoristic and fundamentally divided moral psychology. Against these interpreters, I argue for a reading that maintains a unified conception, claiming that we must think of (...) reason and sensibility as interdependent capacities, which stand to one another as form to matter. Our sensible nature thus does not stand opposed to reason; its fundamental character is determined by reason's activity. I take Kant's account of moral motivation and the feeling of respect to represent the lynchpin of this unified account. Against interpreters who would emphasize either the intellectual or affective nature of respect, I claim that it should be understood as the formal element of moral sensibility, the result of practical reason determining the capacity to feel and fundamentally transforming its character. To make this argument, I draw on Kant's account of sensibility in the Critique of Pure Reason, claiming that space, time, and respect for the moral law are analogous formal elements of sensibility. (shrink)

The Practice of Value is an exploration of a pervasive but puzzling aspect of our world: value. The starting-point is the Berkeley Tanner Lectures delivered in 2001 by the leading moral theorist Joseph Raz. His aim is to make sense of the dependence of value on social practice, without falling back on cultural relativism. The lectures are followed by discussions from three eminent philosophers, Christine Korsgaard, Robert Pippin, and Bernard Williams, and a response from Raz. The result is (...) a fascinating debate, accessible to readers throughout and beyond philosophy, about the relations between human values and human life. (shrink)

Herein developmental psychological research complementary to Hutto's narrative practices hypothesis is considered. Specifically, I discuss experiential development from the perspective of first, second and third person in the acquisition of knowledge and the con-struction and comprehension of narratives, with relevance for theo-ries of 'theory of mind' and in particular tests of the child's understanding of false belief. I propose that the development of distinct third person belief states requires significant developmental work, which is advanced through social sharing of memory (...) and knowledge, by means of linguistic representations especially through narrative practices of different kinds, personal narratives and story telling. The final sections summarize the view that these developments are part of a broader expansion of consciousness that is evident in many aspects of cognitive change during the later preschool years. (shrink)

The idea of moral responsibility is central to a wide range of our moral, social, and legal practices, and it underpins our basic notion of culpability. Yet the idea of moral responsibility is increasingly viewed with skepticism by researchers and scholars in psychology, neuroscience, philosophy, and the law. Building Better Beings: A Theory of Moral Responsibility responds to these challenges, offering a new account of the justification of our practices and judgments of moral responsibility. Three distinctive ideas shape the account. (...) The first is the agency cultivation model, which holds that a system of responsibility practices can derive its justification from the way it supports our agency. The second idea, circumstantialism, is a new way of thinking about agential capacities. This is the view that the capacities required for moral responsibility are functions of agents in circumstances, rather than basic features of agents considered in themselves. The third idea is revisionism, or the idea that a satisfactory theory of moral responsibility will conflict with some aspects of ordinary commitments about freedom and moral responsibility. (shrink)

This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements (...) the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making."--Publisher's webpage. (shrink)

Since its initial release in 2004, Ethics for the Practice of Psychology in Canada has filled a vital need for a single source on professional ethics and law relevant to Canadian psychologists. This important new edition reflects the fourth edition of the Canadian Code of Ethics for Psychologists and highlights discussions in the areas of diversity and social justice. An essential resource, it focusses on the most pertinent ethical and legal issues for Canadian psychologists, including decision making, consent, confidentiality, (...) helping without harming, professional boundaries, diversity, social responsibility, and conducting research. An appendix includes discussion questions and reflective journal exercises to facilitate awareness of personal motives and biases relevant to making ethical choices. (shrink)

To understand the distinctive characteristics of the institutions of law, one needs to understand the idea of law. Understanding the nature of law is not ultimately a matter of achieving a careful description of social practices but a matter of grasping the idea towards which those practices must be understood as oriented. The idea of law is the focal point that enables us to make coherent sense of the otherwise diverse features of practice, but it is not itself a (...) matter of observable practice. It resembles a notional point in space that enables us to grasp the relationship between various parts of a complex drawing, although in itself it forms no part of the drawing. But how is such an idea to be investigated? We expect a clear understanding of the idea of law to explain our settled understandings about what will and will not count as an instance of legal ordering. We expect it, in other words, to explain some at least of the minimum conditions for applicability of the idea. But, since the idea of law is invoked within the practices of law, we also expect a philosophical understanding of that idea to clarify its role in guiding and orienting practice, and not simply in describing practice. Although the practices of law are oriented towards the idea of law, that idea is not straightforwardly available to be read in the surface appearance of the practices. For such practices, while involving systematic appeal to the idea of law, operate for the most part on the basis of that unreflective conformity that assists the stable functioning of most human institutions. Can we begin by identifying a "minimum specification" of the concept of law, in the form of a set of conditions without which nothing could count as law at all? From such a minimum specification, can we proceed in some orderly and intellectually defensible way towards "later phases" of the concept, with their "qualitative changes as well as additions and complications"? The possibility is worth exploring, however unfashionable may be the philosophical viewpoint from which it springs. Fuller's famous story of Rex, and his failed attempts to enact law, identifies the minimum conditions that something must satisfy in order to count as an instance of law. Fuller's theory becomes interesting when he proceeds to demonstrate that the eight desiderata (identified as minimum conditions), when taken collectively, be regarded as a guiding ideal for legal thought: the ideal that we usually label "the rule of law". Fuller claimed that his eight requirements represent an "inner morality of law". Hart's critique of Fuller appeared to suggest that the moral value of compliance with the eight requirements is wholly contingent upon the law's content, and that the eight requirements are more akin to precepts of efficiency than to moral standards. This criticism has been widely endorsed as correct. In fact, the criticism is not correct. The eight requirements are not principles of efficacy, but (when taken together) represent a moral ideal for legal systems. Fuller never really succeeded in giving a clear explanation of the moral status of his eight requirements. I argue that Fuller's eight desiderata represent an intrinsically moral ideal that we may call "freedom as independence from the power of another". This is the aspect of freedom that distinguishes the slave from the free man. My theory seeks to establish the existence of a very tight and necessary connection between law and morality. Positivists will find it impossible to deny that governance by law involves some degree of compliance with Fuller's eight requirements, and that such compliance necessarily involves the realisation of some degree of freedom as independence. If they are tempted to deny that freedom as independence is a distinct aspect of freedom, they must also argue that connections between slavery and the lack of freedom are purely contingent. If they accept that the lack of freedom as independece is what makes a slave a slave, but they deny that freedom as indepenence is a moral value, they must say that there is nothing intrinsically morally wrong with slavery: the moral wrongness of slavery would then have to be seen as stemming from purely contingent features of the slave's position. The value of freedom as independence may be thin. But it is real, it is genuinely valuable, and it is tightly connected to the existence of law. (shrink)

I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.

This small book presents a unified, sequential examination of a central theme in Epicurean philosophy: the nature of "irrational fears and desires." Their place in a distinctly practical philosophy, whose avowed intentions were the removal of fear and the cultivation of a securely arranged, pleasant, undisturbed life, must be examined. If security and static pleasures are the standards which the Epicurean sage recognizes as attainable in principle, what accounts for their absence from the lives of the masses? The first chapter, (...) Psychology, demonstrates subtly yet clearly the circle trapping the mass of men. They have irrational, limitless desires which express themselves in avarice, ambition, and amor. Men form an image of Hades which magnifies these: "Greek myths concerning punishment in the underworld have most of them in common some perpetual activity doomed forever to frustration." The terror of such prospects is an entirely irrational fear, since death is not on par with natural perils: timor mortis is only syntactically similar to timor ignis. Yet this irrational fear leads men to try to stave off death by "restless and reckless acquisition of wealth and power." Irrational desires, having only simulacra for their objects, cannot be satisfied, thus becoming self-perpetuating. The fear of Hades, itself a projection of irrational fears, likewise cannot be overcome. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

In this paper, the authors first emphasise the connection that exists between bioethics and law. However, special attention is given to the link between bioethics and human rights, which share the idea of protecting similar values, especially the protection of life and human dignity. Identifying the interdependence and interrelation of these concepts is a prerequisite for further exploration of how and in what context the European Court of Human Rights decides on bioethical issues it encounters when ruling on classical human (...) rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. Once the important features that determine the relationship between bioethics and human rights are identified, these features will be practically examined through the group of cases in which the Court has addressed the issue of mandatory vaccination, which has been in the public spotlight in recent years. (shrink)

In the Laws, Plato theorizes citizenship as simultaneously a political, ethical, and aesthetic practice. His reflection on citizenship finds its roots in a descriptive psychology of human experience, with sentience and, above all, volition seen as the primary targets of a lifelong training in the values of citizenship. In the city of Magnesia described in the Laws erôs for civic virtue is presented as a motivational resource not only within the reach of the 'ordinary' citizen, but also factored by (...) default into its educational system. Supporting a vision of 'perfect citizenship' based on an internalized obedience to the laws, and persuading the entire polity to consent willingly to it, requires an ideology that must be rhetorically all-inclusive. In this city 'ordinary' citizenship itself will be troped as a performative action: Magnesia's choral performances become a fundamental channel for shaping, feeling and communicating a strong sense of civic identity and unity. (shrink)

Anyone who knows Solov'ev mainly from his mystical speculations and aspirations will of course be surprised to hear that he was a brilliant and outstanding representative of the philosophy of law. One is not immediately able to see how such a supremely real and practical idea as the idea of law [pravo] was able to find a place among his dreams and prophecies. And yet we have all the evidence to affirm that this idea was for him one of the (...) most important and precious. It would be an act of unfairness toward the late philosopher, at this solemn celebration of his memory, to forget that aspect of his activity, which he bequeathed to us to remember and esteem. (shrink)

In chapter one I firstly critique some contemporary family-resemblance approaches to the category woman, and claim that they do not take sufficient account of dis-semblance, that is, resemblances that people have in common with members of the contrast category man. Second, I analyze how the concept of woman is semantically contestable: resemblance/dissemblance structures give rise to vagueness and to borderline cases. Borderline cases can either be included in the category or excluded from it. The factors which incline parties in a (...) dispute about membership to include or exclude depend on metaphysical, ethical, or political background assumptions. In chapter two, I begin by considering the harms suffered by transgender persons through “misgendering”, the deployment of gender terms which inflict psychological harms upon transgender persons, place them in situations of injustice, or diminish their self-respect. Such deployments are morally contestable: they can be challenged on ethical grounds. Several characterisations of the term ‘woman’ proposed in the feminist literature are critiqued from this perspective. In chapter three, I elaborate a broadly liberal approach to gender pluralism. The approach involves: i) the public toleration of gender practices and beliefs which contest prevalent gender norms; and ii) state-gender neutrality. Public toleration allows gender non-conforming practices and beliefs within public space. State gender-neutrality consists mainly in the removal from law and government policy of provisions which assume compliance with prevalent conceptions of gender. (shrink)

Mrs. K is a thirty-one-year-old Russian-speaking mother of two, who was brought in by ambulance after attempting suicide by jumping in front of train. Probable depression x months. Stressor: lost custody battle over older child. Current status: deep coma, ventilator-dependent, and prognosis grim. Next of kin is estranged husband; he demands participation in medical decision making. Legal proxy is patient's boyfriend; forcibly removed from the intensive care unit for agitated behavior and alcohol intoxication.I magine the difficulty for the ICU staff (...) as it tries to patch together the broken body of Mrs. K, described above. If, as appears likely, the physicians’ efforts begin to fail, who will speak for this patient, who can no longer speak for herself, and determine the appropriate goals and limits of intensive medical care? (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential (...) ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

This book discusses the profound philosophy and practical psychology behind yoga, beyond its popular body-culture aspect. It pays particular attention to the psychological principles involved and their implications for the consummate understanding of human nature. It explores the psychological aspects of yoga theory and practice and discusses the aphorisms in Patanjali's treatise on Yoga with necessary commentary in current psychological terminology to make them intelligible to students of psychology and other interested readers. Importantly, the author draws (...) out the implications of these aphorisms for future psychological study and research. The book discusses the author's concept of yoga of nonviolence which brings in Gandhian ideas into the framework of yoga. The author's own vast experience in creating interfaces of yoga research with practice also informs the discussions in this book. This authoritative and topical book by an eminent academic like Professor Ramakr ishna Rao is of interest to scholars and students of diverse disciplines, including but not limited to psychology, philosophy and wellbeing research. (shrink)