Legal scholarship emphasizes generalizing across places, time periods, and sources of law. Microcomputers can facilitate well-organized information retrieval systems, inductive statistical analysis, and prescriptive analysis working with goals to be achieved and available alternatives. Super-optimizing can help resolve legal disputes, dilemmas, and policy controversies whereby all sides, viewpoints, and ideological positions can come out ahead of their best initial expectations simultaneously. This book discusses these three important subjects by generating relevant principles based on developmental law, legal policy analysis, law teaching, (...) and the judicial process. (shrink)

Decision‐aiding software is probably the most important technological innovation from the perspective of lawyer decision‐making, as contrasted to efficient office management. That kind of technological breakthrough can be helpful to lawyers in negotiating settlements favorable to their clients without expensive litigation. The technology makes use of benefit‐cost analysis, multi‐criteria decision analysis, spreadsheet software, and especially super‐optimizing analysis whereby plaintiffs, defendants, and other parties can all come out ahead of their best initial expectations simultaneously. Decision‐aiding software can also be helpful to (...) lawyers in evaluating alternative precedents, statutes, regulations, and other legal policies to arrive at versions favorable to their clients without an expensive adoption campaign. (shrink)

The dominant figure of mid-nineteenth-century British political economy, John Stuart Mill exercised a lasting influence on philosophical thought. This compact statement of Mill's doctrines starts with an informative Introduction by editor Ernest Nagel and proceeds with extracts from A System of Logic that clarify Mill's processes of reasoning. The following five-part treatment draws upon the philosopher's major works to consider names and propositions; reasoning; induction; operations subsidiary to induction; and the logic of the moral sciences. Selections from An (...) Examination of Sir William Hamilton's Philosophy conclude the text, along with an essay on the definition of political economy and its methods of investigation. (shrink)

On ethical egoism, the fact that I would suffer is no reason by itself for you not to torture me. This may seem implausible—monstrous, even—but what evidence can we offer against it? Here I examine several arguments which receive some expression in Thomas Nagel’s work. Each tries to show that a normative reason to end my pain is a reason for all agents. The arguments in Section 1 emphasize reasons that don’t entail agents and thus purportedly apply to all (...) agents. In Section 2, I examine the Argument from Dissociation, according to which my pain seems bad upon reflection, even without reflecting on its relation to me. Section 3 examines the Argument from Inability, which claims that my occurrent pains would seem bad to me, even if I couldn’t think about their relation to me. Finally, I discuss the Argument from Introspection, according to which I seem, introspectively, to have a reason to end my pain, a reason that has nothing to do with the pain’s being mine. All but one of these arguments fail utterly. The Argument from Introspection provides some grounds for rejecting egoism. (shrink)

Notwithstanding its long history, libertarianism became intellectually respectable within academe with the publication of Robert Nozick's Anarchy, State, and Utopia. More or less starting with the claim that, "Individuals have rights, and there are things no person or group may do to them," Nozick's book attempts to argue that a minimal state "limited to the narrow functions of protection against force, theft, fraud, enforcement of contracts, and so on" is morally justifiable, and that a more extensive state violates the rights (...) of individuals and is thus morally stained. Respectability, however, did not forestall criticism, and Anarchy, State, and Utopia was attacked from all fronts. Philosophically, perhaps the most damaging critique came from Thomas Nagel, for he argued that Nozick had erected "Libertarianism without Foundations." Libertarianism as Nozick crafts it is without foundations because he provides little by way of justification for the strong theory of rights that drives this political philosophy and, as such, drives the minimalist conception of state and conception of free markets that constitute it. (shrink)

This volume of the Sociology of the Sciences Yearbooks stems from our experience that collaborations between non-scientists and scientists, often initiated by scientists seeking greater social relevance for science, can be of major importance for cognitive development. It seemed to us that it would be useful to explore the conditions under which such collaborations affect scientific change and the nature of the processes involved. This book therefore focuses on a number of instances in which scientists and non-scientists were jointly involved (...) in the genera tion of scientific results at the "interface" of science and society. Despite the considerable variety of cases reported here, a number of questions are central. Under what conditions do such cooperative processes occur? What perceptions of social relevance and what sorts of col laborations with non-scientific groups are involved? How is this collaboration achieved, and through what forums? How can insights into its conditions and mechanisms stabilize such cooperations over a longer period of time? If they are stabilized, do they really affect science, or do they mainly function to shield the rest of the science system against external influences? These questions are pertinent both to intellectual problems in the sociology of science and to the practical concerns of modern science policies. The significance of relations between knowledge producers and knowledge consumers and interest in how these relations affect science and society have changed considerably in recent decades. (shrink)

Stuart, SN A review of sociological studies comparing outcomes of schooling across the three educational sectors in Australia has been published by Save Our Schools.

In this paper I offer a criticism of Carnap's inductive logic which also applies to other formal methods of inductive inference. Criticisms of Carnap's views have typically centered upon the justification of his particular choice of inductive method. I argue that the real problem is not that there is an agreed upon method for which no justification can be found, but that different methods are justified in different circumstances.

This paper reports the introduction of electronic handsets, like those used on the television show 'Who Wants To Be A Millionaire?' into the teaching of philosophical logic. Logic lectures can provide quite a formidable challenge for many students, occasionally to the point of making them ill. Our rationale for introducing handsets was threefold: to get the students thinking and talking about the subject in a public environment; to make them feel secure enough to answer questions in the lectures because the (...) system enabled them to do this anonymously; and to build their confidence about their learning by their being able to see how they were progressing in relation to the rest of the students in the class. We have achieved all of these and more. Our experience has revealed that the use of handsets encourages a more dynamic form of student interaction in an environment - the lecture - that can, in the wrong hands, be utterly enervating, but they also provide an opportunity for the lecturer to respond to students' difficulties at the time when they really matter. In this paper, we discuss our case of rapid adoption, our grounds for judging it a success, and what that success seems to have depended on. (shrink)

Stuart, SN The notorious Yasukuni shrine does not look particularly unusual to the foreign eye. Situated in metropolitan Tokyo, not far from the Ministry of Defence, it is busy with people soberly paying their brief respects, as they will do at any Shinto shrine. Several buildings are distributed over an area comparable to that of the Shrine of Remembrance reserve in Melbourne. There is a statue of a military gentleman and some bronze bas-reliefs of battle scenes, including one depicting (...) a ship's captain heroically calming his terrified men, even as the sea pours in upon them all, through a hole in the hull. Created in the nineteenth century as an imperial memorial to war dead whose names are not apparent today, the shrine authority announced in 1979 it was also accommodating the souls of fourteen executed war criminals - a provocation to pacifists ever since. But facile objection to the piety of others can obscure the historic plight of a whole people. (shrink)

Stuart, SN Review of: Agnosticism: A very short introduction, by Robin Le Poidevin Oxford University Press, 2010,.

In this paper I offer an analysis of causation based upon a theory of mechanisms-complex systems whose internal parts interact to produce a system's external behavior. I argue that all but the fundamental laws of physics can be explained by reference to mechanisms. Mechanisms provide an epistemologically unproblematic way to explain the necessity which is often taken to distinguish laws from other generalizations. This account of necessity leads to a theory of causation according to which events are causally related when (...) there is a mechanism that connects them. I present reasons why the lack of an account of fundamental physical causation does not undermine the mechanical account. (shrink)

Stuart, SN Review of: Atheism for dummies, by Dale McGowan, John Wiley, 2013,.

Stuart, SN An extraordinary concentration of intellectual effort in Vienna during 1924 to 1936 produced a new standard of philosophy which remains an important touchstone today, despite some shortcomings which have become apparent. The contributors were animated to regain clarity of collective thought, felt to be lost in the convulsion of the Great War. As its topics were quickly taken up in Prague and Berlin, Cambridge and Harvard, the Vienna Circle came to exert an important, international influence on the (...) intellectual and scientific history of the twentieth century. In particular, its program for separating knowledge from nonsense informed the emerging international Humanist movement. (shrink)

The concept of consciousness has been the source of much philosophical, cognitive scientific and neuroscientific discussion for the past two decades. Many scientists, as well as philosophers, argue that at the moment we are almost completely in the dark about the nature of consciousness. Stuart Sutherland, in a much quoted remark, wrote that.

The preparation of layers of amorphous Se by plasma-enhanced CVD using the hydride H2Se as precursor gas is described. Information concerning the structure of the films was obtained from Raman spectroscopy. The spectra of amorphous Se indicated that the dominant molecular structure is the eight-membered ring and/or a chain with Se8 molecular fragments. This material exhibited reversible photodarkening when illuminated at 77 K. In order to explain this phenomenon, we propose a mechanism which takes into account the role of the (...) lone-pair electron orbitals of Se in their contribution to structural ordering. Illumination can cause a distortion in the normal bonding direction between nearest-neighbour Se atoms and induce in this way intrinsic defect states located at the band edges. In the photo-darkened state, optical transition will occur between these defect states. (shrink)

In this paper I present both a critical appraisal of Humphreys' probabilistic theory of causality and a sketch of an alternative view of the relationship between the notions of probability and of cause. Though I do not doubt that determinism is false, I claim that the examples used to motivate Humphreys' theory typically refer to subjective rather than objective chance. Additionally, I argue on a number of grounds that Humphreys' suggestion that linear regression models be used as a canonical form (...) for the description of causal relations is untenable. I conclude by exploring the variety of ways in which probabilistic elements can be embedded into the structure of causal mechanisms. This investigation suggests both that deterministic mechanisms can produce stochastic behavior and stochastic mechanisms can produce deterministic behavior. Note: Link is to the article in a subscription database available to users affiliated with Butler University. Appropriate login information will be required for access. Users not affiliated with Butler University should contact their local librarian for assistance in locating a copy of this article. (shrink)

Context: Seventeen years ago Francisco Varela introduced neurophenomenology. He proposed the integration of phenomenological approaches to first-person experience – in the tradition of Husserl, Heidegger and Merleau-Ponty – with a neuro-dynamical, scientific approach to the study of the situated brain and body. Problem: It is time for a re-appraisal of this field. Has neurophenomenology already contributed to the sciences of the mind? If so, how? How should it best do so in future? Additionally, can neurophenomenology really help to resolve or (...) dissolve the “hard problem” of the relation between mind and body, as Varela claimed? Method: The papers in this special issue arose out of a conference organised by the Consciousness and Experiential Psychology Section of the British Psychological Society in Bristol, UK, in September 2012. We have invited a representative sample of the speakers at that conference to present their work here. Results: Various papers argue that the first-person methods of phenomenology are distinct from, and more robust than, the failed “introspectionist” methods of early modern psychology. The “elicitation interview” emerges as a successful and widely adopted method to have emerged from this field. Phenomenological techniques are already being successfully applied to neuroscientific problems. Various specific proposals for new techniques and applications are made. Implications: It is time to take neurophenomenology seriously. It has proven its worth, and it is ripe with the potential for further immediate, successful applications. Constructivist content: Varela’s key aim was to develop a non-dualising approach to the science of consciousness. The papers in this special issue look at the philosophical and practical details of successfully putting such an approach into practice. (shrink)

The process of technological change in obstetrics must be understood as contingent on the exigencies of the professional project, rather than in terms simply of improvement or dehumanization of care. Transformation in the procedures by which the female pelvis and the fetal head have been measured illustrate this point. The development of new measurement techniques was profoundly influenced by the shifting locus of obstetric care and by changing professional concerns, including the initial demarcation of a professional practice and subsequent debates (...) about preferred modes of intervention. (shrink)

A number of developmental psychologists have argued for a theory they call the theory theory - a theory of cognitive development that suggests that infants and small children make sense of their world by constructing cognitive representations that have many of the attributes of scientific theories. In this paper I argue that there are indeed close parallels between the activities of children and scientists, but that these parallels will be better understood if one recognizes that both scientists and children are (...) not so much theorists as model builders. (shrink)

Development of the cochlear implant, discussed in this article, depended vitally on deaf people being persuaded to undergo implantation. Media "reconstruction" of the device as the "bionic ear" was typically encouraged by implant pioneers. Unexpectedly, however, a "counter-rhetoric" based on a very different understanding of deafness emerged. With it, deaf people are slowly succeeding in gaining influence over the further deployment of the technology. The analysis suggests modifications to existing theoretical models of technological change in medicine.

In this paper I discuss Searle's claim that the computational properties of a system could never cause a system to be conscious. In the first section of the paper I argue that Searle is correct that, even if a system both behaves in a way that is characteristic of conscious agents (like ourselves) and has a computational structure similar to those agents, one cannot be certain that that system is conscious. On the other hand, I suggest that Searle's intuition that (...) it is “empirically absurd” that such a system could be conscious is unfounded. In the second section I show that Searle's attempt to show that a system's computational states could not possibly cause it to be conscious is based upon an erroneous distinction between computational and physical properties. On the basis of these two arguments, I conclude that, supposing that the behavior of conscious agents can be explained in terms of their computational properties, we have good reason to suppose that a system having computational properties similar to such agents is also conscious. (shrink)

Context: Neurophenomenology is a relatively new field, with scope for novel and informative approaches to empirical questions about what structural parallels there are between neural activity and phenomenal experience. Problem: The overall aim is to present a method for examining possible correlations of neurodynamic and phenodynamic structures within the structurally-coupled work of Alexander Technique practitioners with their pupils. Method: This paper includes the development of an enkinaesthetic explanatory framework, an overview of the salient aspects of the Alexander Technique, and the (...) presentation of an elicitation interview technique as part of a neurophenomenological method. It will propose a way of testing the hypothesis that if, in the effective practice of Alexander Technique, there is a union between the nervous systems of teacher and pupil, it should be visible neurologically and affective phenomenologically, and thus it should be possible to investigate both its neural and phenomenal signatures. Results: The proposed means of testing the hypothesis is to use the elicitation interview technique alongside neural monitoring during the teaching of the Alexander Technique in four paired sets of subjects. Constructivist content: At the heart of this paper is the claim that all activity is co-activity. I make no assumption of an ontological primacy of mental or physical, or explanatory primacy of any methodology. Implications: This has important ramifications for somatic education and therapies, for establishing frameworks of co-engagement and care in health-care situations, and for understanding empathy. (shrink)

Choice architecture describes the environment in which choices are presented to decision-makers. In recent years, public and private actors have looked at choice architecture with great interest as they seek to influence human behaviour. These actors are typically called choice architects. Increasingly, however, this role of architecting choice is not performed by a human choice architect, but an algorithm or artificial intelligence, powered by a stream of Big Data and infused with an objective it has been programmed to maximise. We (...) call this entity the autonomous choice architect. In this paper, we present an account of why artificial intelligence can fulfil the role of a choice architect and why this creates problems of transparency, responsibility and accountability for nudges. We argue that choice architects, be them autonomous computational systems or human-beings, at a most basic level select, from a range of designs, the design which is most likely to maximise a pre-determined objective. We then proceed to argue that, given the growing demand for targeted, personalised choice architecture and for faster, dynamic reconfigurations of choice architecture, as well as the ever-expanding pool of data from which feedback can be drawn, the role of the human choice architect is increasingly obscured behind algorithmic, artificially intelligent systems. We provide a discussion of the implications of autonomous choice architects, focusing on the importance of the humans who programme these systems, ultimately arguing that despite technological advances, the responsibility of choice architecture and influence remains firmly one human beings must bear. (shrink)

The mainstream literature on corporate governance is based on the premise of conflicts of interest in a competitive game played by variously defined stakeholders and thus builds explicitly and/or implicitly on masculinist ethical theories. This article argues that insights from feminist ethics, and in particular ethics of care, can provide a different, yet relevant, lens through which to study corporate governance. Based on feminist ethical theories, the article conceptualises a governance model that is different from the current normative orthodoxy.

Youths with disruptive behavior disorders and psychopathic traits showed reduced amygdala responses to fearful expressions under low attentional load but no indications of increased recruitment of regions implicated in top- down attentional control. These findings suggest that the emotional deficit observed in youths with disruptive behavior disorders and psychopathic traits is primary and not secondary to increased top- down attention to nonemotional stimulus features.

In 2008, Samantha Newbery, then a PhD student, discovered a hitherto confidential document: ‘Confidential: UK Eyes Only. Annex A: Intelligence gained from interrogations in Northern Ireland’ (DEFE 13/958, The National Archives (TNA)). It details the British Army’s notorious interrogations of IRA suspects that led to the eventual banning of the ‘five techniques’ that violated the UK’s international treaty obligation prohibiting the use of torture and ‘inhuman or degrading treatment or punishment’. Having decided that the document – Intelligence gained from should (...) be put in the public domain, she invited me, along with the eminent lawyer, Philippe Sands and Brian Stuart, a former Secretary to the British Joint Intelligence Committee, to contribute commentaries. I concluded that even if the document was accurate in both what it stated and in what it left out, that use of the ‘five techniques’ (tantamount to torture) was unjustified, since the normalisation and institutionalisation of torture is far worse than failing to obtain the information thus gained. Whether or not this joint paper will make a difference to UK policy concerning the use of torture remains an open question; whether or not it should is not. This piece is an example of how my book on torture, deliberately written for a public readership, has made it possible for me to make interventions in practical policy, or at least to attempt to, whether in occasional writing for eg The Chartist and the web-based Open Democracy, or directly for activist groups, eg my ‘Ethical Opinion’ for Physicians for Human Rights – Israel, Report: Holding Health to Ransom: GSS Interrogation and Extortion of Palestinian Patients at Erez Crossing (2008). (shrink)

This is the second volume, following the well-received edition of Mill's writing essential to understanding the liberal tradition. His commentary on a full spectrum of issues gives further insight into the strengths and vulnerabilities of liberal democratic theory in practice. Rare and difficult to locate material is here brought to attention and made available. The contribution of Mill's most authoritative biographer, Nicholas Capaldi, is a singular and unmatched highlight. The tenor of St. Augustine's Press volumed on Mill is distinct in (...) its intention to place his work in the framework of political philosophy and the conversation of the viability of liberalism as a tradition of thought. (shrink)

This collection covers the breadth of Mill's work in social theory and political economy, including his ethics, liberalism, theory of government, methodology and feminism, showing the depth of scholarly criticism of Mill's social thought.

This intelligent and often subtle introduction to rationalist metaphysics focuses on the development of the concept of substance in Descartes, Spinoza, and Leibniz. After briefly reviewing the Aristotelian background in the introduction, Woolhouse spends the first three chapters presenting the broad outlines of each thinker’s account of substance. These are followed by three chapters devoted more specifically to the metaphysics of extended substance and to foundational issues in early modern physics. Next come two chapters on thinking substance and its relation (...) to extended substance, and finally a chapter on the relation between created and uncreated substance, which Woolhouse describes as "an organizing centre of the whole book". (shrink)

A layman's guide to the mechanics of Gödel's proof together with a lucid discussion of the issues which it raises. Includes an essay discussing the significance of Gödel's work in the light of Wittgenstein's criticisms.