We investigated the impact of situational awe on topic-specific interest and recognition memory for information presented in immersive planetarium films. Adult participants (N = 131) were recruited among science centre visitors who were going to view one of the films shown in the science centre’s planetarium. Participants responded to questions about prior knowledge, topic-specific interest in the film and background information before viewing one of the three planetarium films. After the film, they completed the topic-specific interest scale, epistemically-related (...) emotion scales, situation-specific awe scale, critical thinking disposition scale and a recognition task of the film contents. The results showed that during viewing planetarium films participants experienced awe, but the strength of this emotion varied among films. Additionally, situation-specific awe was strongly associated with another epistemic emotion, namely surprise. As for the recognition task performance, awe decreased error and nonsense detection, and increased false recognition of inferential statements. Finally, awe was found to substantially increase topic-specific interest. These results present evidence that awe has potential to prompt individuals to become more interested in science-related topics. (shrink)

Over the last decade, attention has crawled from out of the shadows into the philosophical limelight with several important books and widely read articles. Carolyn Dicey Jennings has been a key player in the attention revolution, actively publishing in the area and promoting awareness. This book was much anticipated by insiders and does not disappoint. It is in no way redundant with respect to other recent monographs, covering both a different range of material and developing novel positions throughout. The book (...) might have been called The Attending Self, since Jennings defines attention as mental prioritization controlled by the self. This invocation of the self is among her central innovations, and may prove to be the main source of controversy. I will highlight points of contention here, but want to emphasize at the outset that the book is essential reading for anyone interested in attention. Jennings also contributes to a range of other debates, which will help a broader audience appreciate the importance this topic.After a brief introduction, Jennings provides “a philosophical landscape” of attention (chap. 2), tracing the concept through history. This is an invaluable achievement that will be welcomed by both newcomers and veterans. Jennings exhibits enormous breadth, covering areas that contemporary philosophers of mind tend to neglect: medieval philosophy, Buddhist thought, and phenomenology, to name a few. We also get perspectives on attention from core figures in the Western canon, such as Descartes, Locke, and Kant, as well as thinkers who gave the topic a more political inflection: Mary Wollstonecraft and W. E. B. DuBois. Jennings surveys contemporary literature as well, locating recent work in these older lineages. Some authors get more treatment later in the book (e.g., William James and Wayne Wu). Overall, Jennings provides the best overview of this history I have seen. She proves that attention is not a new topic, but one with deep roots and one that can inform current debates; Jennings draws on these roots throughout. I would love to see a companion piece surveying scientific theories, including “gain control” and “biased competition,” which get little airtime in the book. Some recent philosophical theories are under-explored as well, including Chris Mole’s concept of cognitive unison (Jennings discusses other aspects of his view), Carlos Montemayor and Harry Haladjian’s exploration of attention’s diversity (we get a touch of this), and my own proposal that attention is a gateway to working memory (not mentioned here). That said, no extant survey is more complete.Chapter 3 begins with the empirical claim that attention is regulated by slow brainwaves, and then takes up two issues. The first is mental causation. Endorsing moderate emergentism, Jennings argues that slow brain waves are causally efficacious even though they are not reducible to lower-level processes. (The metaphysics and neuroscience are presented accessibly, aided by three appendixes.) Second, Jennings argues that these slow brain waves indicate that attention is controlled by the self. As someone who was never moved by the mental causation problem—I don’t think overdetermination threatens efficacy—I would have welcomed more development of this second issue. For one thing, in linking attention to subjective control, Jennings eschews the idea that there can be purely “bottom-up” attention driven by stimulus features alone. This goes against the orthodoxy in attention science, and makes it hard for her to accommodate phenomena such as “pop-out,” or the commonsense idea that attention can be “captured” by a sudden flash or loud sound. For another thing, I wanted to hear more on why Jennings relates slow brain waves to the self. Does this include the slow waves that occur during deep sleep? Is there even such a thing as the self? Is there one self or many? How do slow brain waves reflect our interests, projects, values, self-conceptions, autobiographical narratives, or social identities? Does the social self invoked by Wollstonecraft and DuBois gain a foothold here? The whole chapter campaigns against metaphysical reductionism, but arrives at a perspective on the self that will strike some readers as highly reductive.In the fourth chapter, Jennings sheds further light on her conjecture that attention involves the self by advancing the thesis that attention endows sensory information with meaning. On the face of it, this may sound implausible. Object recognition, reading, and many other meaning-involving processes can take place outside of attention and outside of consciousness. But Jennings has a richer notion of “meaning” in mind. She develops the idea of “subject unity,” which is imposition of structure on perception that reflects the interests of the perceiving subject. This, she claims, is what brings perception into the space of reasons. Along the way, she has interesting observations about binding, feature integration, and demonstrative reference. The material is highly original, and Jennings’s postulation of interest-based perceptual organization is compelling. At the same time, one might wonder whether interests are really relegated to the ambit of attentional control. Consider the cocktail party effect, wherein one’s own name captures attention. This implies a preattentive filter that reflects our interests. Emotionally charged words, facial expressions, and dangerous objects also work this way, and social biases can operate preattentively as well. If these reflect our interests, then meaning may arise outside attention.Jennings’s fifth chapter explores the relationship between attention and consciousness. Some authors have argued that attention is necessary and sufficient for consciousness. Jennings focuses primarily on the necessity claim. She does not systematically review the empirical literature here, but she addresses some of the key findings, and effectively rebuts studies that allege to find consciousness outside attention. She does not rest her case there, however. Instead, she identifies a new class of examples that purport to establish the possibility of consciousness without attention. Her central example she calls “conscious entrainment,” which is what we experience when engaged in habitual or skilled activities. Other possible examples touched on in the chapter include hypervigilance in individuals with attention deficit hyperactivity disorder (ADHD), passive movie watching, dreaming, and “attentional neglect.” These states all involve intense focus, Jennings admits, but not attention. To some readers this may sound contradictory. Isn’t focus a kind of attention? Don’t these states of absorption involve stimulus selection and enhancement of relevant features, suppression of distractors, and other hallmarks of attention? Jennings says none of this is tantamount to attention. Recall that she thinks attention is controlled by the self. In these cases, we are invited to imagine that the self takes a passive role: control is either ceded to the world (movie watching) or to previously mastered routines (skills and habits). Thus, Jennings’s claim that there is no attention in these cases hangs on her contentious thesis that attention requires a controlling self. One might also push back by arguing that, in some of Jennings’s allegedly selfless examples, the self remains involved. Skilled activities and hypervigilance, for example, can reflect personal interests.Skills and hypervigilance get more airtime in chapter 6. There, Jennings turns to questions of responsibility—a neglected topic in attention research. The chapter begins with a manslaughter trial in which the teenage plaintiff was given a light sentence because the judge evidently believed that the teen’s ADHD compromised his ability to control his actions. The example may be a bit triggering for people who have a personal relationship with this diagnosis, but, putting that aside, Jennings uses it to introduce the important concept of attention-based control. With reduced control, Jennings argues, comes reduced responsibility. I am inclined to see ADHD as involving dysregulation of attention (difficulty disengaging and dividing attention, for example) rather than diminished attention, but that can still be characterized as an issue with control of attention; therefore ADHD still illustrates Jennings’s point that there is a link between responsibility and control of attention. This, it turns out, is only half of her story. Having argued for this link, one might expect Jennings to follow Wayne Wu, who contends that attention is necessary for action, and hence for responsibility. She does not. Instead, she says argues that responsibility can also arise in cases of “strategic automaticity.” This brings us back to skills. When skills are deployed, action is governed by learned pairings between stimuli and responses. The choice to exercise a skill requires attention, so attention is needed for being a responsible agent, but once a skill kicks in, attention is no longer required, and one can be held responsible for actions performed skillfully—thus attention is not required for responsibility tout court. Jennings addresses an opposing view (defended by Wu, Ellen Fridland, and Barbara Montero), according to which skills involve “automatic attention” rather than no attention. Jennings worries that this move will collapse the distinction between attention and other kinds of selection and filtering that occur throughout the nervous system, including the retina. She says that the attentional interpretation of skilled action is at odds with the lack of top-down reweighing of sensory inputs, regulated by lateral frontal cortex. These objections to automatic attention warrant response. My own view is that attention involves broadcasting to working memory, so retinal filtering is ruled out. Jennings’s insistence on top-down reweighing will not move those who believe attention can be purely bottom-up. For all that, I side with Jennings in wanting to allow for responsibility without attentional control. I think we can be responsible for implicit biases, for example. I also think attentional control is insufficient for responsibility, as when we act under duress.Jennings offers fresh perspective on the nature of attention, and its role in meaningful perception, consciousness, action, and responsibility. Each chapter can be read separately, but they hang together well, and each reflects her thesis that attention is essentially linked to the self. Though I am skeptical of that strong claim, we would do well to follow Jennings in regarding attention as interest-laden interface between mind and world. I look forward to a sequel in which attention is related to richer conceptions of identity, and where the political consequences of this link are actively explored. Meanwhile, one can hardly fault Jennings for covering too little. She tackles a remarkable range of topics, from metaphysics to ethics. Her arguments throughout demand response, repay careful study, and propel the field forward. (shrink)

Recent research suggests that selectively attending to relevant stimuli while having to ignore or resist conflicting stimuli can lead to improvements in learning. While mostly discussed within a broader “desirable difficulty” framework in the memory and education literatures, some recent work has focused on more mechanistic questions of how processing conflict (e.g., from incongruent primes) might elicit increased attention and control, producing enhanced incidental encoding of high-conflict stimuli. This encoding benefit for high-control-demand or high-difficulty situations has been (...) broadly conceptualized as a task-general property, with no strong prediction of what particular task elements should produce this effect. From stage processing models of single- and dual-task performance, we propose that memory-enhancing difficulty manipulations should strongly depend on inducing additional cognitive control at particular processing stages. Over six experiments, we show that a memory benefit is produced when increased cognitive control ( via incongruency priming) focuses additional processing on the core meaning of to-be-tested stimuli at the semantic categorization stage. In contrast, incongruency priming targeted at response selection within the same task produces similar effects on initial task performance, but gives no memory benefit for high-conflict trials. We suggest that a simple model of limited-capacity and stage-specific cognitive control allocation can account for and predict where and when conflict/difficulty encoding benefits will occur, and may serve as a model for desirable difficulty effects more broadly. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Individuals with high anxiety show bias for threatening information, but it is unclear whether this bias affects memory. Recognition memory studies have shown biases for recognising and rejecting threatening items in anxiety, prompting the need to identify moderating factors of this effect. This study focuses on the role of semantic similarity: the use of many semantically related threatening words could increase familiarity for those items and obscure anxiety-related differences in memory. To test this, two recognition (...) memory experiments varied the proportion of threatening words in lists to manipulate the semantic-similarity effects. When similarity effects were reduced, participants with high trait anxiety were biased to respond “new” to threatening words, whereas when similarity effects were strong there was no effect of anxiety on memory bias. Analysis of the data with the drift diffusion model showed that the bias was due to differences in processing of the threatening stimuli rather than a simple response bias. These data suggest that the semantic similarity of the threatening words significantly affects the presence or absence of anxiety-related threat bias in recognition memory. The results indicate that trait anxiety is associated with a bias to decide that threatening stimuli were not previously studied, but only when semantic-similarity effects are controlled. Implications for theories of anxiety and future studies in this domain are discussed. (shrink)

This article articulates a sociological conception of settler colonial remembering as a tool of legitimation. Theories of memory in the context of settler colonialism generally center counter-memories by the subaltern or colonized, or official hegemonizing representations at the level of state institutions. Underexamined is the dialectical nature of memory and discursive representations that help reproduce settler colonial processes of accumulation and displacement at the micro-level. The article draws on archival data from avowedly socialist-leftist Zionist colonies to explicate patterned (...) representations of Palestinian villages that Zionist forces gradually displaced prior to and during the 1948 War/Nakba. I demonstrate how the colonial settlers attributed political meaning through five representational modes: contrasting the indigenous as backward and primitive and settlers as progressive and developed; denying an indigenous connection to the land; emphasizing amiable relations through the promotion of cultural progress and settler superiority; asymmetrically assessing settler and indigenous belongings to national collectives; and legitimizing land purchases that dispossessed indigenous cultivators, despite the settlers’ socialist ideology, while reducing conflict to the issue of economic compensation. I theorize a form of settler colonial memory based not merely on erasure, but on recognition and disavowal. Finally, I argue that local memory is a significant site of production in which the conceptual tools to both trace the historical processes of supremacy and subvert asymmetrical sociality lie. (shrink)

One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to (...) be done in a community and so on - without supposing that it is at bottom regulated by what he called the secondary rules of recognition, change and adjudication. Given this incontrovertible demonstration that every legal system must contain rules constituting its foundation, it might seem puzzling that many philosophers have contested Hart's view. In particular, they have objected to his claim that every legal system contains a rule of recognition. More surprisingly, these critiques span different jurisprudential schools. Positivists such as Joseph Raz, as well as natural lawyers such as Ronald Dworkin and John Finnis, have been among Hart's most vocal critics. In this essay, I would like to examine the opposition to the rule of recognition. What is objectionable about Hart's doctrine? Why deny that every legal system necessarily contains a rule setting out the criteria of legal validity? And are these objections convincing? Does the rule of recognition actually exist? This essay has five parts. In Part One, I try to state Hart's doctrine of the rule of recognition with some precision. As we will see, this task is not simple, insofar as Hart's position on this crucial topic is often frustratingly unclear. I also explore in this part whether the United States Constitution, or any of its provisions, can be considered the Hartian rule of recognition for the United States legal system. In Part Two, I attempt to detail the many roles that the rule of recognition plays within Hart's theory of law. In addition to the function that Hart explicitly assigned to it, namely, the resolution of normative uncertainty within a community, I argue that the rule of recognition, and the secondary rules more generally, also account for the law's dexterity, efficiency, normativity, continuity, persistence, supremacy, independence, identity, validity, content and existence. In Part Three, I examine three important challenges to Hart's doctrine of the rule of recognition. They are: 1) Hart's rule of recognition is under- and over-inclusive; 2) Hart cannot explain how social practices are capable of generating rules that confer powers and impose duties and hence cannot account for the normativity of law; 3) Hart cannot explain how disagreements about the criteria of legal validity that occur within actual legal systems, such as in American law, are possible. In Parts Four and Five, I address these various objections. I argue that although Hart's particular account of the rule of recognition is flawed and should be rejected, a related notion can be fashioned and should be substituted in its place. The idea, roughly, is to treat the rule of recognition as a shared plan which sets out the constitutional order of a legal system. As I try to show, understanding the rule of recognition in this new way allows the legal positivist to overcome the challenges lodged against Hart's version while still retaining the power of the original idea. (shrink)

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: (...) not just Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

The author compares the linguistic philosophies of Fichte and Hegel, concluding that Hegel's position ismore comprehensive than Fichte's. Fichte and Hegel share essential suppositions about language andphilosophy, best seen in their remarks on Phantasie, schematism, and especially the idea of unity. The issueof recognition is the primary point of difference between them. Fichte sees man's desire for recognition inthe transformation of signs from visual to audible; for Hegel, however, man's desire forrecognition is prior to Fichte's placement of it. (...) Whereas for Fichte, man desires to express his thoughts assoon as he realizes that another man is reasonable, for Hegel, man desires to objectify his thoughts, orvalue, at this moment. With this fundamental difference in their conceptions of recognition, Fichte andHegel end up with very different conceptions of language that reflect in some ways their differingconceptions of philosophy as a whole. The author closes by corroborating this finding through an analysisof their respective treatments of memory. (shrink)

Models of recognition memory have traditionally struggled with the puzzle of criterion setting, a problem that is particularly acute in cases in which items for study and test are of widely varying types, with differing degrees of baseline familiarity and experience (e.g., words vs. random dot patterns). We present a dynamic model of the recognition process that addresses the criterion setting problem and produces joint predictions for choice and reaction time. In this model, recognition decisions (...) are based not on the absolute value of familiarity, but on how familiarity changes over time as features are sampled from the test item. Decisions are the outcome of a race between two parallel accumulators: one that accumulates positive changes in familiarity (leading to an ‘‘old’’ decision) and another that accumulates negative changes (leading to a ‘‘new’’ decision). Simulations with this model make realistic predictions for recognition performance and latency regardless of the baseline familiarity of study and test items. (shrink)

Sometimes the fact that something is the law can be justified by the law. For example, the Sarbanes-Oxley Act is the law because it was enacted by Congress pursuant to the Commerce Clause. But eventually legal justification of law ends. The ultimate criteria of validity in a legal system cannot themselves be justified by law. According to H.L.A. Hart, justification of these ultimate criteria is still available, by reference to social facts concerning official acceptance - facts about what Hart calls (...) the "rule of recognition" for the system. -/- Drawing upon criticisms of sociological accounts of the law that can be found in the writings of Hans Kelsen, I argue in this essay that Hart's approach cannot account for statements about the law that assert the independence of legal validity from rule of recognition facts. I offer as an alternative a legal quietist approach, which can account for such statements. For the quietist, legal justification exhausts the possible justification for law. If our judgments about the law are fundamental, in the sense that they cannot be justified by other judgments about the law, then they have no justification (which is not to say that they should be abandoned). I argue that legal quietism is exemplified - if somewhat imperfectly - in Kelsen's writings, and I end the essay by exploring some difficulties that the quietist approach must face. (shrink)

Because of the difficulty of music feature recognition due to the complex and varied music theory knowledge influenced by music specialization, we designed a music feature recognition system based on Internet of Things technology. The physical sensing layer of the system places sound sensors at different locations to collect the original music signals and uses a digital signal processor to carry out music signal analysis and processing. The network transmission layer transmits the completed music signals to the (...) music signal database in the application layer of the system. The music feature analysis module of the application layer uses a dynamic time regularization algorithm to obtain the maximum similarity between the test template and the reference. The music feature analysis module of the application layer uses the dynamic time regularization algorithm to obtain the maximum similarity between the test template and the reference template to realize the feature recognition of the music signal and determine the music pattern and music emotion corresponding to the music feature content according to the recognition result. The experimental results show that the system operates stably, can capture high-quality music signals, and can correctly identify music style features and emotion features. The results of this study can meet the needs of composers’ assisted creation and music researchers’ analysis of a large amount of music data, and the results can be further transferred to deep music learning research, human-computer interaction music creation, application-based music creation, and other fields for expansion. (shrink)

This essay explores the implications of H.L.A. Hart's rule of recognition for identifying ultimate standards of law in the United States. The effort reveals that these standards are much more complex than is commonly supposed. Not all of the federal constitution is part of the “ultimate” rule of recognition, and much else must be included in that rule. The analysis uncovers many possibilities for how ultimate standards relate to derivative standards that are omitted or barely hinted at in (...) Hart's account. Some of these possibilities pose genuine difficulty for Hart's basic theory and help illuminate the relation of conventional and normative elements in an adequate account of law, a subject addressed in the final section of the essay. (shrink)

The political conception makes sense of human rights strictly in light of their role in international human rights practice, more specifically by describing how they justify interventions against states that engage in or fail to prevent human rights violations. This conception is, therefore, normative and fact-dependent. Beyond this, it does not seem to have much to say about the actual nature of international human rights practice. The argument sustained here reinterprets the political conception by resorting to a heuristic device that (...) explains how normativity can be fact-dependent: the Hartian model. The characteristics of H.L.A. Hart’s rule of recognition are useful to determine the characteristics of human rights practice from the viewpoint of the political conception. Also, they help to overcome some of the problems typically faced by the political conception, such as whether there is only one practice or many, whether the notion of human rights becomes too contingent on the way the world is currently organised, how agents can violate content-changing practices, or how reliance on current states of affairs leaves room for criticism of those states of affairs. (shrink)

The paper argues that in our usage of moral language we relate three concepts: guilt, forgiveness, and reconciliation. This assumes that we can distinguish between external actions and internal executions, because guilt as well as forgiveness and reconciliation are realities that first affect our inner humanity. When a relationship has been damaged by culpable actions (sometimes even by both sides), forgiveness is the precondition of reconciliation. As long as people accuse each other, there can be no talk of true reconciliation. (...) Although these are attitudes, that is, inner engagements, reconciliation also becomes outwardly recognizable as peace. However, these relationships can only be explained well in the connections of individual persons to each other. When political communities confront each other, our moral sense becomes fuzzy, because it is not so easy to say how such collectives (e.g., peoples) are to be determined in their inside and outside. Who can and may forgive, if other persons have become victims of culpable actions, but cannot forgive themselves? Here, then, the difficulty of individuality and collectivity is added. The essay pleads for maintaining the conceptual conjunction between individual and collective forgiveness. However, this should not be done at the price of a complete socio-ontological dissolution of collectives. Therefore, one must also be cautious about rash universalistic appropriation of the Other or the other group, because this is usually accompanied by a failure to recognize and endure the selfhood of the Other. Before it comes to a “false” reconciliation in this way, it is better to at least recognize each other – also in diversity. This should also be reflected in the rules of conflict, which must above all be oriented toward ensuring that conflicts are not carried out in such a way that the manner in which the conflict is carried out makes reconciliation impossible. But in both collective and individual reconciliation, the person does not have the outcome of the process entirely in his or her own hands. Reconciliation is not a technique, but a relational event that is carried out in an “open space.”. (shrink)

continent. 1.1 (2011): 60-67. At the beginning of Martin Heidegger’s lecture “Time and Being,” presented to the University of Freiburg in 1962, he cautions against, it would seem, the requirement that philosophy make sense, or be necessarily responsible (Stambaugh, 1972). At that time Heidegger's project focused on thinking as thinking and in order to elucidate his ideas he drew comparisons between his project and two paintings by Paul Klee as well with a poem by Georg Trakl. In front of Klee's (...) Saints from the Window and Death of Fire —though we wouldn’t absolutely understand what we were seeing—he writes, “we should want to stand…a long while.” In a similar manner, of Trakl’s poem “Septet of Death”—although it is likely we are unsure in what we hear—Heidegger states that, “we should want to hear…[it] often.” Heidegger further states that in appreciating these, “we “should abandon any claim that [they] be immediately intelligible” (1). So also we must we approach, Heidegger continues, the realm of theoretical physics, in which the difficult work of Werner Heisenberg, be listened to “without protest” and without “any claim that he be immediately understood.” These works, like his own project, merit the time they take to be originally (mis)understood. But this is not necessarily true for philosophy, Heidegger advises, because, “That thinking is supposed to offer ‘worldly wisdom’ and perhaps even a ‘way to a blessed life’” (1). Philosophy is in the unique position of being both abstract (what do we talk about when we talk?) and at the same moment, useful. There are demands that it make sense, that it be, grounded, immediate, and most importantly, rational. Heidegger draws these comparisons between the works of Klee and Trakl and Heisenberg not to claim that philosophy is totally irresponsible. He does not claim that the poet, the painter, nor the physicist have acted irresponsibly. Rather, he would say, they are rising to the highest levels of intelligibility, though it is perhaps an intelligibility that is commonly unavailable to us. In Trakl’s case, as we shall see, mastery is the end result of difficult words. Instead, Heidegger seems be making pleas: for a period of uninterrupted unintelligibility (pure unintelligibility); and that there is a time (that time is now) when, “thinking is…placed in a position which demands of it reflections that are far removed from any useful, practical wisdom” (1-2). Heidegger argues that philosophy requires a period of time in which, instead of focusing on the practical—or even on the worldly—the discipline draw its “determination” instead from the place of painting and poetry and physics. In doing so, “we should have to abandon any claims to immediate intelligibility” (2). But Heidegger doesn’t offer this as a way out. We still have to turn up, we “still have to listen, because we must think what is inevitable, but preliminary” (2). The point for Heidegger, is not to listen to a series of propositions, but instead to “follow the movement of showing” (2). I. … Maybe we're here only to say: house, bridge, well, gate, jug, olive tree, window— at most: pillar, tower … but to say them, remember, oh, to say them in a way that the things themselves never dreamed of existing so intensely.… Rainer Maria Rilke, “The Ninth Elegy” There is little more fundamental, preliminary, in the world than language. We use language, in the form of speech, constantly, whether we are saying anything or not. “Man speaks,” Heidegger writes, and goes on to describe in his essay “Language” (2001) the constant speaking that we do. “We are always speaking, even when we do not utter a single word aloud, but merely listen or read, and even when we are not particularly speaking or listening but are attending to some work or taking a rest” (187). Speaking is expression, an utterance of something internal. It is a recognition of a world. It is a way of communicating thought and it is an activity that we all do, inevitably. Speaking separates the human from the animal world, and despite advances in primatology that seek to give ‘voice’ to primates and other non-human animals, it can safely be said that our form of communication—what we call speech and know as language—is the most advanced, the most complicated. We use it to present and represent the world around us; through actual utterances (vocalization) or through the written word or through ‘unvoiced thoughts’ and dreams. We use language, but more specifically speech—naming—to transmit moods, thoughts, desires, aversions, and feelings. These expressions, mere utterances, nearly always find a source in words, whether spoken or not. Heidegger writes that this common view of language means “that only speech enables man to be the living being he is as man. It is as the one who speaks that man is—man” (187). Speaking then—utterance—surrounds us constantly, whether in the form of careful thought—in the form of an academic paper, say—or in the half mutterings and forgotten thoughts of a nearly remembered dream. Like scaffolding, the apparatus of speech sustains and explains the world, making, in a sense, the world rational, making it apparent. When we speak, we describe, and in doing so, name the world. We use words, through this process of naming, to interpret and sustain the world we see, and the world we imagine. Like Rilke’s naming of jug, and bridge, and window, and stream, we describe—and inscribe upon—the world through an activity of naming. Are we here, perhaps, to name? Is it possible not to name? Is it possible to regard and to view and to look around without naming what we see? Is it possible to feel—to experience—world without giving utterance to that feeling, that process? Sadness, grief, joy, ecstasy, hunger, thirst. Desk, light, room, pen, book, world. White, black, tomorrow, today. Each of these words is a name given to a thing I see in front of me, or a concept that I imagine (in the case of tomorrow or world). What arises in my mind has already existed. If I imagine it, it is named. The word for ‘tomorrow’ and ‘desk’ and ‘light’ precedes me, and precedes my concept of it. The idea of it is already pre-informed, and I must, in a certain sense, bend my ideas to it. When I imagine a table, I imagine my own table (or I imagine an idea of table) but that imagining must follow certain general rules; while, perhaps, it might not always require four legs and a horizontal surface, it must, at least not be, say, a pool of water, or a pile of excrement. It must have some tableness to it to be a table. It must, with Heidegger, table. Otherwise, speech is reduced to gibberish. For Heidegger however, the discussion of language points to something deeper than its “scientific and analytic” study as a communicative device. Indeed, Heidegger seeks to understand language not in reference to man or woman, not as an utterance of humanity, but in reference to itself. In doing so he abandons the conversation—that is, he casts away the traditional arguments surrounding philosophy of language; that it is a means of expression; that it is a human activity; and that it is somehow a representation of something that is—in order to seek to understand language as language, on its own terms. Heidegger is not a philosopher of language, but a philosopher of world, of being. Despite these “correct ideas” holding sway “over the whole field of the varied scientific perspectives on language…they ignore completely the oldest natural cast of language” (191). What is this “oldest natural cast of language? It is the act of language itself. Language is language and language speaks. “Most often,” Heidegger writes, “and too often, we encounter what is spoken only as the residue of a speaking long past” (195). Speech, as we normally encounter it, is like Echo herself calling out to Narcissus, doomed to repeat what has already been said, a mere remnant of what was once language, a trace left behind in the gathering silence of becoming. In both the essay “Language” and in his three lecture course “The Nature of Language” (1982), Heidegger attempts to unpack the seeming tautology of language as language. In each, he focuses on poetry as a way out, or into, a true discussion of the oldest natural cast of language. Poetry is pure speech. In poetry, language is brought to language and language speaks ( Die Sprach spricht ). In the act of poetry, the act of pure speech, the poet names (on the surface not different from how I name this table, this computer) but in the poet naming, the naming does not “hand out titles,” “apply terms,” but rather the naming is a call, a calling forth of entities that bring them into their own, allow them to take their place purely, without compromise. This calling, Heidegger (2001) states, “here calls into a nearness. But even so the call does not wrest what it calls away from the remoteness, in which it is kept by the calling there. The calling calls into itself and therefor always here and there—here into presence, there into absence” (196). II. Window with falling snow is arrayed, Long tolls the vesper bell, The house is provided well, The table is for many laid. Wandering ones, more than a few, Come to the door on darksome courses. Golden blooms the tree of graces Drawing up the earth’s cool dew. Wanderer quietly steps within; Pain has turned the threshold to stone. There lie, in limpid brightness shown, Upon the table bread and wine. Georg Trakl “A Winter Evening” Heidegger is often given short shrift as an abysmally difficult writer, as one that makes no sense and is needlessly difficult. In doing this though, we forget sometimes his eloquence, his simple beauty in writing. Of the above opening stanza, “Window with falling snow is arrayed/ Long tolls the vesper bell.” he writes (2001), This speaking names the snow that soundlessly strikes the window late in the waning day, while the vesper bell rings. In such a snowfall, everything lasts longer. Therefore the vesper bell, which daily rings for a strictly fixed time, tolls long. The speaking names the winter evening time (197). The speaking names the winter evening time. It is almost impossible to comment on that one line by Heidegger. It is as though it must exist on its own completely, without elucidation—as though in front of it we must stand as we do in front of a painting by Klee, that is, we must abandon any claim . Silent and devoted. The speaking of the poem here is not clearly different from common speech ( rede ) yet there is, via Heidegger, an invitation to experience that auracular quality of light and stillness that a gentle, dusk tinged snowfall gives; words evoking a quality so clear, so poignant that, in a sense, Heidegger’s work, at this moment, has been done. But what does this naming accomplish? What does the call call? Remember, it is not the poet that calls, but the naming which calls. The poet has only brought the words forward; it is now the words— snow, vesper bell, window— that take new life in the pure language of the poem. Entities are called forth into presence, like the speaking that names the winter evening time. Not to be present amongst us now, however; naming ‘table’ in the poem does not place it in front of us in this room. Rather, the naming places entities into a gathering which is also a sheltering. The naming brings them to be. In an act of appropriation, things come to be purely as their own, unimpeded by a predetermined expectation. They are called to themselves into an arrival. In Being and Time (1962), Heidegger famously describes the movement between present-at-hand and ready-to-hand in his analysis of the hammer, and of equipment in general. This analysis is already known, if not always clear, to most readers of Heidegger. Briefly, a hammer is ordinarily zuhanden or ready-to-hand; it is part of the background of the world, equipment used and never thought about, like this desk, this sheet of paper, this room. Our interaction with it is temporary and it is historically different for each entity and each relation. We need a hammer, we use a hammer. If all goes according to plan, the hammer remains ready-to-hand; it remains, in a sense, undisclosed and certainly unobtrusive. Our world is undisturbed by the hammer. Only when the hammer or the car or the computer is broken (or sometimes unused or unrecognized or missing) does it intrude into our world, become conspicuous as an object present-at-hand, or vorhanden . In this case, we reach for the hammer, it is broken and we suddenly notice it’s being, broken though it is. The thing which was always ready to hand—handy—is suddenly abstract, something to be examined, if only in its absence or disfunction. This can be exhibited for all entities, and it is important to note that in this analysis the zuhanden / vorhanden split is not restricted to a specific form of constructed material; zuhanden does not refer to the car, and vorhanden the sunset. No entity is ever exclusively ready-to-hand or present-at-hand; they are instead, interpenetrated with each others mode of being, one informing the other in a way that both brings things forth into the world—discloses is the word Heidegger chooses—and at the same time conceals them. As one mode is coming to be so another mode is withdrawing. This flux and movement between modes is precisely what brings the world forward, and what makes it manifest. It exists beyond where we tread and before man took dubious control of the world. We go to find a book or turn on the computer and it is missing or broken and we become aware of the object, as though for the first time. We walk to the water to glimpse the sunset and miss it, or it is less than stellar; in the sunset’s grayness, we become aware of it’s being sunset. The thing is disclosed in its withdrawal. Echoing Heraclitus, we can say that as something is coming to be, it is already becoming something other. Of similar importance to the fact that things are never all of one, or all of the other, they are also never alone. The hammer is never a single object, but is in relation always to the whole. Heidegger (1962) states, Equipment—in accordance with its equipmentality—always is in terms of its belonging to other equipment: ink-stand, pen, ink, paper, blotting pad, table, lamp, furniture, windows, doors, room. These ‘Things’ never show themselves proximally as they are for themselves…What we encounter as closest to us…is the room; and we encounter it not as something ‘between four walls’ in a geometrical, spatial sense, but as equipment for residing…it is in this that any ‘individual’ item of equipment shows itself. Before its does so, a totality of equipment has already been discovered (97). Equipment resides—dwells—in its relations, in its proximal being to other beings. Within the structure of totality, a series of relations is always occurring. The hammer is on the workbench in the carpenter’s hand in the workshop in the village under the sky and under the sun. It doesn’t stop there. Equipment surrounds us and the focus is not on what it does, or what one does with it—the carpenter with the hammer, the writer with laptop—but with the fact that it is. Equipment occurs in relation and is always occurring around us overhead, underfoot, by the stream and in the city. There is a constant exchange of relations happening, and as this occurs, so the world occurs, so the world both discloses and withdraws, into and out of itself. In a very real sense, language is also equipment. It is the thing that we use most often without thought, it is ready-to-hand (except when it’s not.) As we re- cognize the world around us, as we offer names for things and make lists, we are using language much like we might use a hammer, that is, bluntly. Most of the time it is invisible and we draw on it without wondering how we are going to say something. When language does intrude, it does so in an awkward moment, that moment when we can’t remember the right word, when we forget a phrase. At that second, it “speaks itself as language,” it reveals itself as malfunctioning equipment, and we “undergo” an experience with language, in Heidegger’s famous formulation. Language is not a tool anymore that we use to bludgeon an object, but something instead that we submit to, that we experience. In “The Nature of Language,” Heidegger (1982) writes, But when does language speak to us as language? Curiously enough, when we cannot find the right word for something that concerns us, carries us away, oppresses or encourages us. Then we leave unspoken what we have in mind and, without rightly giving it a thought, undergo moments in which language itself has distantly and fleetingly touched us with its essential being (59). The poet’s words become themselves, become appropriate, only when they no longer function in the prosaic world; they instead intrude as they come to be. Language itself brings itself to language. Names, like the entities they indicate, are always becoming something else. As noted above, language, through the poet, has brought forth entities from words previously “known.” I thought that I knew snow, but through Trakl’s re- presentation of the word, language calls forth a new image of snow, indeed calls forth snow itself. The vesper bell tolls longer, the table is for many laid. In bringing forth things , language has brought the world to presence. In everyday naming, word occludes world, preventing, in its everydayness, its coming forth, its disclosing. But what is this world that word has been brought forth into? In the same way that language speaks, world worlds. World, left alone, un-interfered with, comes into itself. It worlds. Again, this sounds like a tautology, but it is essential to Heidegger’s thought (and in my mind is more of a “god killer” than Nietzsche.) One of the most overlooked (and under-appreciated) aspects of Heidegger is his later examination and enthusiasm for the “fourfold,” or the system through which things come to be, through which things thing in a world worlding. The fourfold is the interaction of earth and sky, mortals and gods. Things come to be in the interstices and gathering of the fourfold. The fourfold provides both a place of being, and a sheltering, a place to dwell. Heidegger writes that “the things that were named, thus called, gather to themselves sky and earth, mortals and divinities. The four are united primally in being toward one another, a fourfold.” The poet has called, through the act of pure naming, things to come forth. In the purity of the fourfold—that is, when that is all that there is, when there are no other distractions, definitions, things—entities themselves can come to be. It is important to note that Heidegger is not saying that there are four formal things in the world, autonomous entities unto themselves. He is not evoking a pre-Socratic formula as to what makes up the world; instead, the four mirror each other constantly. (Heidegger calls this the ‘mirror-play.’) They interpenetrate in the same way that the modes of being of things interpenetrate themselves. There is no discrete exclusivity in being or the fourfold. What makes up things is not a precise recipe of the four main components; what makes up things is the action of the fourfold coming together, the movement of the fourfold which is a becoming. Heidegger (2001) writes that “this gathering, assembling, letting stay is the thinging of things.” And he later adds that “thinging, things are things. Thinging, they gesture—gestate—world” (197). Language brings the world to be. It works not again as a recipe added to things, but instead it is a bridge, or more precisely, a relation. Language relates world to thing, brings world to thing. In a sense, it does not say anything; rather it allows, or calls in its movement. Heidegger (2001) writes that, The intimacy of world and thing is not a fusion. Intimacy obtains only where the intimate—world and thing—divides itself cleanly and remains separated. In the midst of the two, in the between of world and thing, in their inter, division prevails: a dif-ference (199). It is in this inter that language prevails. Language is difference, it is the differential aspect between world and thing that brings world to thing. In the final stanza of Trakl’s poem “The Winter Evening,” Trakl evokes this difference in the second line when he writes, “Pain has turned the threshold to stone.” Christopher Fynsk, in his essay “Noise at the Threshold,” draws attention to this point when he writes “it is the figure of the threshold that is language itself, inasmuch as language is defined as the articulation of difference by which difference comes about” (25). Language, as used in the pure language of the poem, draws together world and thing, bridging relation between entity and world. The calling of language calls world to thing, world to being. Heidegger (2001) describes this difference as unique; “of itself, it holds apart the middle in and through which world and things are at one with each other” (200). III. Neither reading nor writing, nor speaking—and yet it is by those paths that we escape what has been said already, and knowledge, and reciprocity, and enter the unknown space, the space of distress where what is given is perhaps not received by anyone (99). Maurice Blanchot The Writing of Disaster So far, we have allowed Heidegger to put forward what language does, how it functions as a relation and how it operates as a threshold, as a bridge. What interests me is what happens beyond language, beyond the relation. What happens to the thing without the naming, without the poet, or even without the everyday chatter—Fynsk calls this ‘noise’—intruding on being? If language allows things to become by bringing thing to world, what happens when we remove this bringing, this threshold turned to pain? In “The Nature of Language,” Heidegger examines the work of the poet Stefan George, specifically “The Word”: Wonder or dream from distant land I carried to my county’s strand And waited till the twilight norn Had found the name within her bourn— Then I could grasp it close and strong It blooms and shines now the front along… Once I returned from happy sail, I had a prize so rich and frail, She sought for long and tidings told: “No like of these depths unfold.” And straight it vanished from my hand, The treasure never graced my land… So I renounced and sadly see: Where word breaks off no thing may be. That final line, “Where word breaks off no thing may be” is evoked on nearly every page of Heidegger’s essay. It is the line to which he returns over and over and bears repeating. Where word breaks off no thing may be. Where naming ends, no thing. We can interpret this in two ways (at least.) Where word—naming—breaks off, then there is nothing . Or, as I choose to read it, where word breaks off no thing may be. In this I see a hint forward, a marker left behind by Heidegger. What could this look like? What does no thing look like? Like a zen koan ( there is no mirror ) it is as thrilling and horrifying as contemplating what preceded the Big Bang. Because language as naming wasn’t always here; we weren’t always here. One or maybe two aspects of the fourfold (depending on your view of gods) were not always here, and there is no guarantee that we will always be around. What then? Heidegger (1982) describes the landscape that the poet finds, “It names the realm into which the renunciation must enter: it names the call to enter into that relation between thing and word which has now been experienced” (65). The poet, in renouncing, allows for the “may be” of “where word breaks off no thing may be.” This “may be” becomes “a kind of imperative, a command which the poet follows, to keep it from then on.” No thing is lacking. Where word breaks off, there may be, a totality, a completion. If we place the emphasis on may be , we make it affirmative, make it positive. One allows it. No thing is where the word, that is the name, is lacking. If we remove then (if we can remove) the word, the name, than that is where no thing is, that is where no thing may blossom, enrich, belong, become. What is no thing? Heidegger writes that “thing is anything that in any way is.” And just after this he writes that the “world alone gives being to the thing.” But what happens if there is no word? Word, in this formulation can be seen as an enframing, a challenging of language. By naming, by drawing a perimeter around an object, we hold it, by its definition (that is a brick) to an ordered future. If we borrow from Heidegger’s essay “The Question Concerning Technology” (1993) the idea of this standing-reserve of an ordered future, we see that “everywhere everything is ordered to stand by, to be immediately on hand, indeed to stand there just so that it may be on call for a further ordering” (322). What happens if there is no naming of the thing? Silence perhaps. Stillness. We can name—and do name—that which we know. We equate knowledge with knowing the name of something. A brick is a brick, a hammer is a hammer, the universe is the universe. By naming a thing, we create, and draw its parameters, the parameters of the thing, not as thing thinging in the fourfold, but as blunt object apparent. In the four dimensions relatively available to us, we observe (and name) that the brick takes up possibly six by four by two inches and is, in the sense that it currently occupies this time slot. It fulfills its destiny, its being, its brickness, it bricks . But what happens when we remove the name for this brick. We no longer know what to call this no-thing (if indeed we can even arrive at the point of uncalled calling.) In fact the it (this brick) is no longer a thing in the sense that by not naming—by removing the name—it still occupies the same dimension but is indiscernible from the world. It simply is , un-reliant, un- needed by me. By removing the subject (me) from it (the brick) do I not then also remove the object—or at least the duality objectifying it? Why is this important? Why does this matter? I have not really removed anything. I have not changed any thing , per se . The brick still occupies the same space in geographic and temporal dimensions. I have literally not even touched the brick sitting on my desk. But what I have done is removed the name, removed the word (the bridge, according to Heidegger) and in this (again, if this is even possible) there is something vertiginously liberating, not only for me (and my way of thinking) but also for the brick itself. Like the poet who calls the thing forward, by refusing to name, by avoiding any thing that demands me to name it, I release the thing into the fourfold. I am no longer challenging the thing to be there for me ; I do not en frame it through language. Rather I, in an act of extreme responsibility, am refusing the challenge. By refusing the name (refusing to name) one allows, (or no one allows no thing) the brick to be all things , to manifest its manifold being, to incorporate all things into its thinging . It becomes, quite literally, every thing . Because, in its infinite manifestness, it incorporates everything; the mud that gave it its current being, the water that formed the mud, the sun, the stars, the universe and it also allows it to become mud again, to become landfill, to become again, water and sun and stars and universe in an endless, infinite cycle of coming to be some thing (else). Perhaps this is what Heidegger is suggesting when he talks about the stillness at the end of his essay, “Language” (2001): The dif-ference stills particularly in two ways: it stills the things in thinging and the world in worlding. Thus stilled, thing and world never escape from the dif-ference. Rather, they rescue it in the stilling, where the dif-ference is itself the stillness (206). It is in this stillness that I can imagine a gellasenheit (here I mean both “releasement in the Heideggarean sense, as well as Meister Eckhart’s use of the term meaning “letting the world go and giving oneself to God”) of thing and world, a releasing into the stillness and silence of no thing beyond where word breaks off. It is here where I may no longer be, and yet no thing is, but may be. (shrink)

In this concluding chapter, Allan and Keller posit that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and rule, the objectification of a Just Peace by a ‘text’ requiring a common language respecting the identities of each, and defining their rights and duties. This approach, based on (...) a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. By moving beyond the idea of a peace founded on norms claiming universal scope, each side of a conflict has a place at the negotiating table to present their own perspective on what justice might entail. This inclusion into the decision-making process helps create the feeling of personal investment in the final negotiated product. In addition, negotiators need to work towards building a novel shared reality as well as a new common language to help foster an enduring harmony between previously clashing peoples. (shrink)

The study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. However, the notion of the rule of law defies the phenomenon of law being bound to national borders and enjoys global recognition. However, a serious threat to the rule of law is (...) looming in the form of an assault by technological developments within artificial intelligence (AI). As large strides are made in the academic discipline of AI, this technology is starting to make its way into digital decision-making systems and is in effect replacing human decision-makers. A prime example of this development is the use of AI to assist judges in making judicial decisions. However, in many circumstances this technology is a ‘black box’ due mainly to its complexity but also because it is protected by law. This lack of transparency and the diminished ability to understand the operation of these systems increasingly being used by the structures of governance is challenging traditional notions underpinning the rule of law. This is especially so in relation to concepts especially associated with the rule of law, such as transparency, fairness and explainability. This article examines the technology of AI in relation to the rule of law, highlighting the rule of law as a mechanism for human flourishing. It investigates the extent to which the rule of law is being diminished as AI is becoming entrenched within society and questions the extent to which it can survive in the technocratic society. (shrink)

When we understand the ontological, political and legal underpinnings associated with the concept of freedom, liberty and rights, we understand the relationship between rights and laws. Rights can be understood as liberties or as laws. Liberties can be understood as de facto rights or as de jure rights. It is de jure rights that are recognized as laws that provide the basis for the rule of law. It is the rule of law that provides the basis for equal rights (...) and equal justice in an ideal republic. Rights, laws and the rule of law are distinct. Rights are self-evident truths. Laws are imperatives backed by sanctions (John Austin). The rule of law is a principle that purports that the recognition de facto and de jure rights provide the basis for political, social and economic justice. People live by the rights recognized by law. As such, the rule of law advocates two fundamental underpinnings in a republic: (1) the recognition of rights as the basis for equal rights and equal justice, and (2) the recognition of law as the basis for governance. (H.L.A. Hart). However, since the recognition of law is the recognition of rights, the recognition of rights precedes the governance by law principle. What is fundamental to the rule of law is that it recognizes rights, legitimizes political rule and administers equal/blind justice (Meyers, 1213). As such, no branch of government can weaponize laws to terminate recognized individual rights. The maxim of the republic should be – while anyone can be the ruler, everyone lives as free as the ruler. Majority rule and protection of self-evident individual rights is fundamental to an ideal republic. Keywords: law, equal rights, equal justice, impunity, rule of law. (shrink)

The role of encoding/retrieval conditions compatibility was investigated in a reality-monitoring task. An experiment was conducted which showed a positive effect of reinstating distinctive encoding operations at test. That is, generation of a low-frequency word from the same word fragment at study and test significantly enhanced item recognition memory. However, reinstating of relatively more automatic operations of reading or generating a highfrequency word did not influence recognition performance. Moreover, LF words were better recognized than HF words, but (...) memory for source did not depend on the encoding/retrieval match or on the word-frequency. In comparison with reading, generating an item at study significantly enhanced source memory but generating it at test had no effect. The data were analysed using a multinomial modelling approach which allowed ruling out the influence of a response bias on the measurement of memory ability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Being Benevolence: The Social Ethics of Engaged BuddhismRita M. GrossBeing Benevolence: The Social Ethics of Engaged Buddhism. By Sallie B. King. Honolulu: University of Hawai'i Press, 2005. 291 pp.This discussion of the social ethics of Engaged Buddhism is organized into chapters on four basic issues: the relationship between individual and society, human rights, nonviolence and its limits, and justice/reconciliation. Setting the context for these issues are an introduction, (...) a chapter on how Engaged Buddhist social ethics is built from Buddhist tradition, and another surveying Engaged Buddhist [End Page 174] ethical theory. The author's conclusions and evaluations of the movement, for the most part, are found in the last chapter, the book's eighth.In her preface, King explains a crucial decision she made regarding the extent of her analysis of Engaged Buddhism. She realized that an important question about Engaged Buddhism concerns its relationship with Western thought and decided that she could better focus on that question and "avoid muddying the waters" (p. xii) by not including Western Engaged Buddhist thinking in her survey. She further justifies this decision by claiming that Western Buddhists are still largely students of Asian Buddhists who need to overcome familiar cultural habits "to clearly perceive the otherness of Buddhism and what it has to offer" (p. xii). This decision makes sense in its own context, and I agree that many Western Buddhists seem to not understand that the spiritual and philosophical foundations of Buddhism are quite different from those of Western religions. Unfortunately, the decision to not include Western Engaged Buddhists also furthers a view that Buddhism is "foreign," and, therefore, not directly relevant to Westerners or to the issues that most occupy Westerners in our day. Many Western Buddhists are at pains to undercut precisely that view of Buddhism. However, I do concede that including Western Engaged Buddhists in her analysis would have complicated her task enormously.King's concerns about the relationship between Engaged Buddhist thinking and Western thinking have more to do with refuting the claim made by "traditional" Buddhists, both Asian and Western, that the Engaged Buddhist movement is merely the product of Western influences and, therefore, not truly Buddhist. She refutes this claim by demonstrating that the most influential Asian Engaged Buddhist leaders are intelligent, well-educated people who are unlikely to meekly adopt foreign ideas. Cogently, she argues that Western influences on Engaged Buddhism do not make Engaged Buddhism "the product of Western influences" and that the claim that Engaged Buddhism is the result of Western cultural imperialism denies what it is trying to protect: "the subjectivity and agency of the Engaged Buddhist leaders themselves" (p. 3). She demonstrates that Asian Engaged Buddhist leaders are selective about which Western concepts they include in their discussions of social ethics and that their thinking about social ethics has deep consonance with utterly basic Buddhist concerns, such as interdependence, the Four Noble Truths, anatman (lack of independent abiding self), the enlightenability of human beings, the importance of compassion, the importance of varied self-transformative practices, and nonviolence.Before delving into Engaged Buddhism's major concerns in depth, King provides a lengthy chapter in which she outlines Engaged Buddhist ethical theory. She does not claim that Engaged Buddhists have worked out a systematic ethical philosophy, but rather that certain ideas and claims underlie their recommendations and actions, although not all of them are used by every Engaged Buddhist or in every situation. Natural law ethics, which claims that ethical requirements are not culturally relative because they stem from the nature of reality itself, not human invention, is an important element in Engaged Buddhist thinking, she [End Page 175] claims. (King, however, does not discuss the difficulty that the different religions have very different analyses of the nature of reality.) Engaged Buddhists also use a developmental perspective, recognizing that, as individuals develop, ethical understanding also develops. That developmental perspective implies that ethics is more about principles than about rules. Engaged Buddhist ethics are holistic, in that intellect and emotion are not thought of as at odds with each other in ethical decision making, but are well integrated with each other. A nonadversarial stance is critical... (shrink)

The article contributes to the theorisation of collective memory involved in building the international representations of a nation, and examines how strategic responses to the legacy of the totalitarian past have been deployed to shape the image of the nations’ remembering agency via the connections with other actors within the global memory field. Drawing on the Bourdieusian concept of symbolic capital, the article develops a concept of the symbolic capital of mnemonics in order to uncover the (...) role of memory in enhancing international standing and prestige, a crucial preoccupation for semi-peripheral states emerging on the global arena. While recent scholarship on traumatic memory as a category of social analysis underlines the role of memory in bolstering the collective identity of nations, the article demonstrates how memories of the communist past provide a platform for connections between nation-states through shared meta-narratives. Through an empirical case study that uses an ethnographic approach, participant observation and analysis of media accounts, the article examines how the official commemorative practices of Kazakhstan have served to realign the country’s mnemonic agenda with that of the global memory of communism and to redeploy the symbolic capital gained through a shared mnemonics to reassert its legitimacy both abroad and at home. (shrink)

Two experiments used eyetracking during reading to examine the processing of the matrix verb following object and subject relative clauses. The experiments show that the processing of the matrix verb following an object relative is indeed slowed compared to the processing of the same verb following a subject relative. However, this difficulty is entirely eliminated if additional material intervenes between the object gap and the matrix verb. An explanation in terms of spillover processing is ruled out, suggesting that it (...) is the gap-matrix verb sequence that is itself responsible for the difficulty. We consider two accounts of this difficulty, one emphasizing the potential difficulty of rapidly switching between the sentential subject's thematic or syntactic role in the embedded clause and its role in the matrix clause, and one emphasizing the potential difficulty of performing two demanding memory retrievals in rapid succession. The present experiments also closely replicate the previous findings from eyetracking that the noun phrase and the verb within an object relative are both loci of processing difficulty, but that the former induces substantially greater difficulty. (shrink)

We argue that emotion cannot only be conceived of as a short-lived and intrapersonal phenomenon. Rather, based on five theoretical arguments, we propose that the social sharing of an emotional experience forms an integral part of the emotional processes. A series of six studies investigated different aspects of this hypothesis. Study 1 showed that an overwhelming majority of people reported sharing their emotional experiences and that the memories of these experiences tended to come back spontaneously to their consciousness. No difference (...) was found among emotions. Using a different procedure, Studies 2 and 3 replicated these findings in two different populations. In addition, these studies provided indications that women share their experiences with a wider array of individuals than do men. The first three studies did not find any differences among emotions, but they did not include shame. It could be argued that people are less inclined to socially share shame experiences which are typically elicited by breaking social rules. Study 4 specifically investigated this hypothesis. No differences among shame and other emotions were found except for the delay of the first sharing of the experience. Study 5 constituted a first investigation of whether the social sharing of emotion is also a significant process in now Western cultures. A comparison between Dutch and Surinamese people failed to reveal any significant difference. Based on the findings of the first five studies, a correlational model was designed in Study 6. It tested the interrelationships among disruptiveness of the emotion, social sharing, mental rumination, and recovery from the emotion disruption. A coherent pattern of findings emerged, showing that social sharing can be conceived as a bi-dimensional concept defined by features of amount and delay of sharing. In addition, both social sharing and mental rumination varied according to the disruptiveness of the emotion. Surprisingly, however, recovery could not be related to social sharing, mental rumination, or to the time elapsed since the episode. (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...) limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

This article is about Eroticism as a key-concept in the psychological understanding of the human mind. The meaning of the term can be defined as follows: Eroticism is the way humans experience sexuality as a self-sufficient mental activity. Sexuality underlies different social rules in varying cultural contexts and may lead to different ways of thinking, but there is no evidence that cultural diversity actually leads to fundamentally different ways of feeling. The constant disposition for recreational rather than (...) procreational sex makes eroticism a medium of human creativity. In this sense, eroticism is considered a central factor in the process of hominisation. The crucial cognitive competence which makes for the uniqueness of our species is due to the transformation of sexuality into eroticism and its disposition for social learning. In the animal kingdom, sex contributes to the welfare of the horde, while in human society eroticism contributes to individual self-recognition and paves the way to moral awareness. Methodologically, I plead for a cooperation of psychological and anthropological research, each utilizing and combining the complementary aspects of both approaches. (shrink)

In order for the concept, 'recognition', to play a critical role in social theory, it must be possible to draw a distinction between due recognition and failures of recognition. Some recognition theorists, including Axel Honneth, argue that this distinction can be preserved only if we presuppose that due recognition involves a rational response to "evaluative qualities" that can be rightly perceived in the context of social interaction. This paper points out a problem facing recent (...) defenses of this "perception model" and proposes a solution. I begin by making explicit three criteria broadly shared by recognition theorists: an adequate theory of recognition must be (a) critical, capable of drawing a distinction between due recognition and recognitive failure; (b) minimally idealist, able to accommodate the mediating role of subjectivity in human receptivity to value; and (c) historicist, should not rule out a priori that the values involved in recognitive practice are historically emergent. I then argue that Honneth's version of the perception model cannot fulfill these criteria simultaneously. Drawing upon an Aristotelian notion of evaluative perception and working through an example from Zadie Smith's On Beauty, I defend an alternative view that is, I argue, better equipped to meet these three criteria. (shrink)

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of co-operative community life, the book presents a vision of law that facilitates rather than frustrates politics, an (...) anlysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision based on the recognition of shared humanity. (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)

Critically discussing the causal social ontologies presented by Dave Elder-Vass and John Searle, the article argues that these views implausibly identify the causal ontological source of human sociality in collectively known, recognized and accepted statuses, criteria, norms and the like. This is implausible, for it ignores human sociality as occurring in temporally and spatially dispersed on-going processes of human interaction of differently placed, often unequal, and thus epistemically differently equipped actors in division of labour. Human scientific concepts are best seen (...) as picking out (aspects of) such complex and heterogeneous processes, not what the participating actors allegedly collectively know, accept or recognize about them. The article observes that similar appeals to collective recognition are also common in Wittgensteinian literature that, however, have claimed to reject the causal ontological view. It is argued that the ultimate value in rejecting the causal ontological view, and the accompanying idea of collective recognition, resides in that we thereby avoid epistemically homogenizing and over-intellectualizing the diverse mass of dispersed, often unequal, but interacting actors. (shrink)

Recent evidence comparing recognition memory for famous faces and famous voices reveals an advantage for faces to elicit greater levels of episodic and semantic information than voices, even when overall levels of difficulty are matched between the two modalities. The paper by Barsics and Brédart makes a significant advance to this literature by demonstrating that even when encoding strategies are maximized to favor voice over face encoding by using personally familiar stimuli, facial cues continue to provide a (...) more successful means for associating episodic and semantic memories than voices. The implications of these findings are discussed in terms of the role of familiarity and its associated links to semantic memory as captured by person recognition memory models. (shrink)

Pet animal management is subject to varied husbandry practices and the resulting consequences often impact negatively on animal welfare. The perceptions held by someone who proposes to keep an animal regarding the ease or difficulty with which its biological needs can be provided for in captivity are key factors in whether that animal is acquired and how well or poorly it does. We propose a system to ‘score’ animals and assign them to categories indicating the ease or difficulty (...) with which they can be kept as pets in accordance with welfare and public health and safety considerations. The ‘EMODE’ (‘Easy’, ‘Moderate’, ‘Difficult’, ‘Extreme’) system has two fundamental components: animal welfare—which considers the ‘five freedoms’ principles; and public health and safety—which considers management associated with risks from disease or injury to the keeper and to others. EMODE incorporates two tiers of assessment and guidance, and may offer a reasonable guide for the majority of relevant animals. EMODE Tier 1 provides a primary and general assessment of animals by class or group, and EMODE Tier 2 provides a secondary refined assessment of animals by species or breed. EMODE offers a user-friendly and versatile foundation concept for the future development of guidance for the layperson who may be considering acquiring a pet or for certain personnel when considering assigning species to restrictive lists of suitable animals, for example, ‘positive lists’ as used by governments to control animals in trade and keeping. (shrink)

Speech unfolds over time, and the cues for even a single phoneme are rarely available simultaneously. Consequently, to recognize a single phoneme, listeners must integrate material over several hundred milliseconds. Prior work contrasts two accounts: (a) a memory buffer account in which listeners accumulate auditory information in memory and only access higher level representations (i.e., lexical representations) when sufficient information has arrived; and (b) an immediate integration scheme in which lexical representations can be partially activated on the basis (...) of early cues and then updated when more information arises. These studies have uniformly shown evidence for immediate integration for a variety of phonetic distinctions. We attempted to extend this to fricatives, a class of speech sounds which requires not only temporal integration of asynchronous cues (the frication, followed by the formant transitions 150–350 ms later), but also integration across different frequency bands and compensation for contextual factors like coarticulation. Eye movements in the visual world paradigm showed clear evidence for a memory buffer. Results were replicated in five experiments, ruling out methodological factors and tying the release of the buffer to the onset of the vowel. These findings support a general auditory account for speech by suggesting that the acoustic nature of particular speech sounds may have large effects on how they are processed. It also has major implications for theories of auditory and speech perception by raising the possibility of an encapsulated memory buffer in early auditory processing. (shrink)

In recent years, there has been an increased attention to temporality in political theory, and such attention is sorely needed. For too long political theory, with the exception of occasional phenomenological forays, has remained grounded in a particular experience of time as linear and sequential. This book aims to unsettle the dominant framework by putting time itself, and the experience of time in everyday life, at the center of its critical analysis. Smita Rahman focuses on the experience of time as (...) one where past, present, and future intermingle with each other and refuse to adhere to a sequential structure. Rather than trying to tame the flux of time, this book places this "out of joint" experience of time at the center of its analysis of global politics. Rahman takes the highly abstract concept of time and decenters it to speak to a wide range of political issues across disciplines by exposing the cultural construction of the foundational concept of time in political theory and attending closely to the challenges of cultural incommensurability that it encounters in a globalized world of difference. Specifically, the book looks at interrogation practices in Afghanistan, the challenges of coping with the burdens of collective memory in Algeria, South Africa, and Rwanda, the difficulty of uncritically applying such a framework to the Muslim world through the language of secularism, and finally at the beginnings of democratic emergence in Bangladesh to explore a politics of contingency. (shrink)

Tractatus Logico-Pilosophicus, the only book published during Ludwig Wittgenstein's lifetime , has since attracted the imagination of generations of philosophers as a work of great philosophical genius. Nonetheless, even today, more than eighty years later, philosophers are struggling to reconcile its diverse themes within a single, coherent picture. The present work is an attempt to meet this challenge. ;Wittgenstein considered the single proposition as a concrete model for the fact. The challenge is to show how a system of propositions can (...) serve as a model of reality. My work concentrates on three pillars of the logic of the Tractatus: the picture theory, negation as "reversal of sense," the independence of elementary propositions. Using a simple scenario of the ordering of objects or letters on a line, I examine the conflict generated by the attempt to adequately accommodate all three themes and offer my own solution. My solution brings implications to the problem of negation and to the Tractatus's thesis that the possibilities of logical space are spanned by the possible configurations of the ultimately simple objects. One such implication, which stands in contrast to the common reading, is that in atomic facts we have 'complex objects' as constituents. ;The resolution offered, furthermore, exposes an intrinsic difficulty in the Tractatus, for which I have reserved the term arbitrary choice. The difficulty is manifested in the lack of assurance---from the perspective of logic---that a concept-word will preserve its 'standard' meaning when it is reapplied or when its scope of application varies. In this I uncover the seed of central themes in Wittgenstein's later philosophy, e.g. the rule-following argument, as present already in the Tractatus. ;In the concluding chapter, I suggest a new account for the nature of the proposition by connecting the analysis offered in the Tractatus with the subject of time and motion. The picture with which the work concludes then considers language not as corresponding to reality, but as engaged or synchronized with reality---if you will, it is a picture of language and reality in a dance. (shrink)

According to the concept of desirable difficulties, introducing difficulties in learning may sacrifice short-term performance in order to benefit long-term retention of learning. We describe three types of desirable difficulty effects: testing, generation, and varied conditions of practice. The empirical literature indicates that desirable difficulty effects are not always obtained and we suggest that cognitive load theory may be used to explain many of these contradictory results. Many failures to obtain desirable difficulty effects may occur under (...) conditions where working memory is already stressed due to the use of high element interactivity information. Under such conditions, the introduction of additional difficulties may be undesirable rather than desirable. Empirical evidence from diverse experiments is used to support this hypothesis. (shrink)