The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

This paper presents a computational model of the way humans inductively identify and aggregate concepts from the low-level stimuli they are exposed to. Based on the idea that humans tend to select the simplest structures, it implements a dynamic hierarchical chunking mechanism in which the decision whether to create a new chunk is based on an information-theoretic criterion, the Minimum Description Length (MDL) principle. We present theoretical justifications for this approach together with results of an experiment in which participants, exposed (...) to meaningless symbols, have been implicitly encouraged to create high-level concepts by grouping them. Results show that the designed model, called hereafter MDLChunker, makes precise quantitative predictions both on the kind of chunks created by the participants and also on the moment at which these creations occur. They suggest that the simplicity principle used to design MDLChunker is particularly efficient to model chunking mechanisms. The main interest of this model over existing ones is that it does not require any adjustable parameter. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart's campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers' views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. ‘Yet the answer is a prosaic one: don’t ask what time is but how the word ‘time’ is being used’.Friedrich Waismann.I miss the future.Jaron Lanier. (shrink)

This study investigates moments in which one participant in an interaction embodies that he is “doing thinking,” a display that is commonly referred to as “thinking face. ” From an interactional perspective, it is assumed that embodied displays of “doing thinking” are a recurring social practice and serve interactive functions. While previous studies have examined thinking faces primarily in word searches and storytelling, the present study focuses on argumentative activities, in which children engage in processes of joint decision-making. The paper (...) has two interrelated aims. The first aim is to describe how multiple modalities—beyond the face—are temporally coordinated to create multimodal gestalts of “doing thinking.” It is shown that thinking displays not only involve dynamic imaginative gaze but also stylized bodily postures. The second aim is to generate knowledge about the functions of thinking displays in children's argumentative activities. The analysis describes how both speakers and recipients use thinking displays in different turn positions and align them with verbal talk or silence. The data for this study comprise video recordings of decision-making processes in groups of older children. Drawing on a multimodal approach to situated interaction, it will be proposed that embodied displays of “doing thinking” provide a resource to shape participation frameworks, mark epistemic stances and create epistemic ecologies for collaborative reasoning. By investigating thinking displays in a particular conversational activity, the study sheds light on the diversity and context-sensitive functionality of thinking displays. It also contributes to recent research on children's collaborative reasoning as an embodied discursive practice. (shrink)

Psychology distinguishes between a bodily and a narrative self. Within neuroscience, models of the bodily self are based on exteroceptive sensorimotor processes or on the integration of interoceptive sensations. Recent research has revealed interactions between interoceptive and exteroceptive processing of self-related information, for example that mirror self-observation can improve interoceptive awareness. Using heartbeat perception, we measured the effect on interoceptive awareness of two experimental manipulations, designed to heighten attention to bodily and narrative aspects of the self. Participants gazed at a (...) photograph of their own face or at self-relevant words. In both experimental conditions interoceptive awareness was significantly increased, compared to baseline. Results show that attention to narrative aspects of self, previously regarded as relying on higher-order processes, has an effect similar to self-face stimuli in improving interoceptive awareness. Our findings extend the previously observed interaction between the bodily self and interoception to more abstract amodal representations of the self. (shrink)

According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...) pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments. (shrink)

This authoritative and wide-ranging book, first published in 2003, examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of (...) language change, or in the social factors that shape the way we speak. Vivien Law explores how ideas about language over the centuries have changed to reflect changing modes of thinking. A survey chapter brings the coverage of the book up to the present day. Classified bibliographies and chapters on research resources and the qualities the historian of linguistics needs to develop, provide the reader with the tools to go further. (shrink)

The authors of this essay reflect on the experience of co-teaching a course on the history of genetics and race. The collaboration has pushed them both—a historian of science and a biologist—to consider how to make space for moral and scientific judgment in a history classroom. Drawing on examples from the course, they argue that it is possible to encourage social action and thoughtful critiques of past and current science without succumbing to a whiggish narrative of progress.

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart’s campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers’ views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. (shrink)

Abundant research exists on the restructuring operations of large, publicly listed firms. However, little is known about the antecedents of layoffs in small and medium-sized enterprises (SMEs). Building on the stakeholder salience theory and arguments on social proximity, this study posits that SMEs are less likely to dismiss employees than large firms. We argue that the existence of strong interpersonal ties between employees and managers makes it hard for SME owners and managers to dismiss employees. Empirically analyzing a large sample (...) of European Union firms, the results confirm that the likelihood of layoffs is lower in SMEs than in large firms, even when performance declines. (shrink)

Law must evolve to play its part in addressing the anthropogenic threats of climate change and biodiversity loss. Lawyers have a key role to play in assisting that evolution, and the ethics that govern lawyers’ work will play a large part in determining its success. This article explains how four core approaches to legal ethics support lawyers in their work to address climate change and to facilitate more sustainable ways of living.

This article is currently available as a free download on ingentaconnect.

This paper describes the process by which female typists became participants of sorts while transcribing audiotaped interviews. The primary data included sensitive and sexual subject matter about women's Pap smear (PS) experiences. Besides overcoming minor technical difficulties, die major discovery was that the typists had a tendency to interpolate and even normalize the data. A feminist post‐structuralist perspective was extended to examine these interpolations as secondary data. This revealed that the typists were becoming unexpected participants as commentators, validators, analysts and (...) normalizers of the data. From the subjective positions of both medical typists and recipients of PS, the typists provided data validation that included contradictions and transgressions from the cancer screening scheme propaganda. Furthermore, both typists were exposed to other women's PS stories and experienced vicarious consciousness raising. For one typist this included embodiment of other women's distress, raising questions about the occupational hazards associated with transcribing distressing data. Thus the social and relational aspects of those involved in the transcription process proved influential to both the data (and analysis), and to the practical aspects of data management. I argue that details of such influences need to be submitted for scrutiny as additional aspects of rigour. (shrink)

This paper focuses on some of the ethical issues which may arise when conducting research in the context of homelessness. These issues are considered from the viewpoints of researchers, research coordinators and interviewers, drawing from their extensive real world experience. In addition to negotiating the complex context of homelessness, community-based homelessness researchers need to address a number of ethical issues in research conception, design, implementation and dissemination. Although these issues are commonly considered in community-engaged research, research with people who are (...) homeless may raise exceptional challenges. Such challenges include determining the nature of informed consent; protecting research participants and researchers, and determining appropriate compensation for participation. Understanding the context of homelessness to conduct ethical research will require sharing information and joint decision-making, processes that must include members of communities within which the research participants live. Furthermore, researchers should be sensitive to the changing context of homelessness, and vigilant for new ethical challenges. (shrink)

This study sought to understand the effects of tone language repertoire and musical experience on nonnative lexical tone perception and production. Thirty-one participants completed a tone discrimination task, an imitation task, and a musical abilities task. Results showed that a larger tone language repertoire and musical experience both enhanced tone discrimination performance. However, the effects were not additive, as musical experience was associated with tone discrimination performance for single-tone language speakers, but such association was not seen for dual-tone language speakers. (...) Furthermore, among single-tone language speakers, but not among dual-tone language speakers, musical experience and musical aptitude positively correlated with tone discrimination accuracy. It is thus concluded that individuals with varying extents of tone language experience may adopt different strategies when performing tone discrimination tasks; single-tone language speakers may draw on their musical expertise while dual-tone language speakers may rely on their extensive tone language experience instead. (shrink)

Maria Rentetzi. Trafficking Materials and Gendered Research Practices: Radium Research in Early 20th Century Vienna.

Illness and hospitalization are sources of vulnerability; they arguably endow nurses and midwives with the moral obligation to develop caring relationships with patients. Fairness and the equal treatment of patients are central to moral practice; current government publications are giving this political emphasis. This article argues that patient partiality is one factor that may result in insidiously unequal caregiving. Data generated during a qualitative study into professional caring suggest that patient partiality is an accepted part of everyday practice. Factors such (...) as the patient’s personality, nurse-patient familiarity and the perceived level of patients’ understanding and interest in their illness emerged as possible sources of partiality and influence on practitioners’ interactions with patients. The article argues that patient partiality can be managed morally if practitioners develop self-awareness and constantly reflect on the moral integrity of everyday practice. Throughout the article, unless it is stated that specific reference is being made to either nurses or midwives, reference to a nurse or practitioner denotes both. It is also emphasized that no implication is intended that any study participants provided unequal care. Rather, data are utilized solely to generate focused discussion around the concept of patient partiality. (shrink)

ABSTRACTOscar Larsson’s essay condemns discursive institutionalism for the “sin” of subjectivism. In reality, however, discursive institutionalism emphasizes the intersubjective nature of ideas through its theorization of agents’ “background ideational abilities” and “foreground discursive abilities.” It also avoids relativism by means of Wittgenstein’s distinction between experiences of everyday life and pictures of the world. Contrary to Larsson, what truly separates post-structuralism from discursive institutionalism is the respective approaches’ theorization of the relationship of power to ideas, with discursive institutionalists mainly focused on (...) persuasive power through ideas, while post-structuralists focus on the structural power in ideas or on coercive power over ideas. (shrink)

Many suggest that professionalism as traditionally understood is all but dead in today's legal marketplace. Some scholars believe that 'professional' orientations based on managerialism and influenced by profitability have seen the demise of the lawyer's traditional professional identity. This paper argues otherwise. A pilot qualitative study of new Australian lawyers indicates that professional ideals can still flourish. Participants both understood the traditional ideals and sought to incorporate them in their own developing sense of professionalism. This paper reviews the experiences of (...) 11 early-career Australian lawyers in their first year of practice. Preliminary results suggest that certain experiences are crucial to developing and retaining a broad sense of professionalism: finding a balance between autonomous/independent work and close mentoring and supervision; realizing that legal practice is not merely a rational and rule-based activity, but one that involves ongoing uncertainty, including the uncertainly of dealing with 'real' people displaying 'real' emotions; and reaching a comfortable 'value convergence' between one's own values and those modelled by colleagues. (shrink)

Background: Moral distress has been described as a major problem for the nursing profession, and in recent years, a considerable amount of research has been undertaken to examine its causes and effects. However, few research projects have been performed that examined the moral distress of an entire nation’s nurses, as this particular study does. Aim/objective: The purpose of this study was to determine the frequency and intensity of moral distress experienced by registered nurses in New Zealand. Research design: The research (...) involved the use of a mainly quantitative approach supported by a slightly modified version of a survey based on the Moral Distress Scale–Revised. Participants and research context: In total, 1500 questionnaires were sent out at random to nurses working in general areas around New Zealand and 412 were returned, giving an adequate response rate of 27%. Ethical considerations: The project was evaluated and judged to be low risk and recorded as such on 22 February 2011 via the auspices of the Massey University Human Ethics Committee. Findings: Results indicate that the most frequent situations to cause nursing distress were (a) having to provide less than optimal care due to management decisions, (b) seeing patient care suffer due to lack of provider continuity and (c) working with others who are less than competent. The most distressing experiences resulted from (a) working with others who are unsafe or incompetent, (b) witnessing diminished care due to poor communication and (c) watching patients suffer due to a lack of provider continuity. Of the respondents, 48% reported having considered leaving their position due to the moral distress. Conclusion: The results imply that moral distress in nursing remains a highly significant and pertinent issue that requires greater consideration by health service managers, policymakers and nurse educators. (shrink)

According to philosophical orthodoxy, the parties to moral or legal disputes genuinely disagree only if their uses of key normative terms in the dispute express the same meaning. Recently, however, this orthodoxy has been challenged. According to an influential alternative view, genuine moral and legal disagreements should be understood as metalinguistic negotiations over which meaning a given term should have. In this paper, we argue that the shared meaning view is motivated by much deeper considerations than its recent critics recognize, (...) and that much would be lost in opting for the explanation of normative disputes as metalinguistic negotiations. (shrink)