The Covid-19 pandemic disrupted in-person dispute resolution proceedings, leading to the rapid adoption of digital technologies for remote hearings in international arbitration. The use of these technologies has opened up new possibilities for enhancing procedures, improving efficiency, and streamlining processes. However, it also raises concerns about transparency and authenticity in virtual hearings. This paper explores the impact of digital technologies on the semiotics of law and legal communication in international arbitration, considering the intersections between new technologies and persuasion. Based (...) on practices like the use of e-evidence, debates surrounding remote hearings, and the formulation of standards for stakeholders’ behavior, the study takes a practice-based approach, exploring cognitive processes, such as memory and attention, and their influence on the behavior of counsel, arbitrators, and witnesses in remote hearings. It highlights the key issues, findings, challenges, and future research opportunities arising from the introduction of digital technologies in this field, including considerations on how stakeholders of a virtual hearings are affected by the unique features of the digital environment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Saving Persuasion: A Defense of Rhetoric and JudgmentJames Arnt AuneSaving Persuasion: A Defense of Rhetoric and Judgment. Bryan Garsten. Cambridge, Mass: Harvard University Press, 2006. Pp. xii + 276. $45.00, hardcover.Something of what rhetoricians perennially run up against in modern political philosophy is illustrated by a recent article by Jürgen Habermas in Communication Theory. In a searing indictment of contemporary democracy and the mass media, Habermas writes, (...) "Issues of political discourse become assimilated into and absorbed by the modes and contents of entertainment. Besides personalization, the dramatization of events, the simplification of complex matters, and the vivid polarization of conflicts promote civic privatism and a mood of antipolitics" (2006, 422). Any historian of political communication in the Western democracies since the early nineteenth century is bound to be puzzled by this observation, for the emergence of mass democracy in the United States and England, at least, was characterized by intense popular participation in politics, precisely because political campaigns were heavily personalized, dramatized, simplified, and polarized. At the beginning of the article, Habermas praises Aristotle's Politics for its union of normative theorizing and empirical research, forgetting apparently that Aristotle also wrote a normative and empirical Rhetoric.That Habermas distrusts persuasion is obvious, but what is less clear is how the rhetoriphobia he shares with virtually every modern and contemporary philosopher came about. Bryan Garsten's book—the most important work on rhetoric and political philosophy since Ronald Beiner's Political Judgment—makes the startlingly original argument that the anti-rhetorical stance not only is grounded in a suspicion of private judgment, but that it can be traced back to Hobbes's, Rousseau's, and Kant's fear of the persuasive power of post-Reformation religious enthusiasm. Garsten not only provides provocative rereadings of these three fathers of modern liberalism but also extends our understanding of rhetorical and political judgment in Aristotle and Cicero. His analysis of the problems of persuasion and democracy in the twentieth century, while somewhat less satisfying, includes cogent criticisms of Rawls, Habermas, and theorists of deliberative democracy from what might be called a Ciceronian-Madisonian republican stance. [End Page 94]Saving Persuasion began as a doctoral dissertation in Government at Harvard, under the direction of Harvey Mansfield—after Allan Bloom, perhaps the most influential and controversial of the disciples of Leo Strauss. Although Garsten's book displays both the virtues and vices of Straussianism, it would be unfair to dismiss it as a neoconservative manifesto for rhetoric. (An enthusiastic review of the book appeared in the neoconservative Weekly Standard in February 2007, illustrating the curious fact that the Right "gets" rhetoric in ways that liberals and leftists do not (Deneen 2007).) Currently an assistant professor of political science at Yale, Garsten also received an MA from Cambridge in political theory and intellectual history. His book reveals the influence of Quentin Skinner and the Cambridge School of political theory, whose insistence on reading political philosophy in its historical context is the antithesis of the Straussian rejection of historicism. Garsten thus combines the Straussian emphasis on close reading with the contextual-rhetorical perspective of Skinner; this unique synthesis enables Garsten to solve some ongoing problems in textual interpretation (especially the relationship between Academic skepticism and Stoic natural law theory in Cicero) while developing interesting causal arguments about the rise of the public sphere in the eighteenth century, the decline of interest in rhetoric by liberal political theorists, and the pathologies of contemporary democratic politics.The book is divided into two main parts, following an introduction in which Garsten lays out his central thesis: "[A] politics of persuasion—in which people try to change one another's minds by appealing not only to reason but also to passions and sometimes even prejudices—is a mode of politics worth defending. Persuasion is worthwhile because it requires us to pay attention to our fellow citizens and to display a certain respect for their points of view and their judgments" (3). Persuasion rightly understood cannot be reduced either to manipulation or pandering. Rather, persuasion is inextricably linked to judgment, a human faculty threatened by modernity. Judgment is "the mental activity of responding to particular situations" by... (shrink)

Commercial genetic testing offered over the internet, known as direct-to-consumer genetic testing (DTC GT), currently is under ethical attack. A common critique aims at the limited validation of the tests as well as the risk of psycho-social stress or adaption of incorrect behavior by users triggered by misleading health information. Here, we examine in detail the specific role of advertising communication of DTC GT companies from a medical ethical perspective. Our argumentative analysis departs from the starting point that DTC (...) GT operates at the intersection of two different contexts: medicine on the one hand and the market on the other. Both fields differ strongly with regard to their standards of communication practices and the underlying normative assumptions regarding autonomy and responsibility. Following a short review of the ethical contexts of medical and commercial communication, we provide case examples for persuasive messages of DTC GT websites and briefly analyze their design with a multi-modal approach to illustrate some of their problematic implications. We observe three main aspects in DTC GT advertising communication: (1) the use of material suggesting medical professional legitimacy as a trust-establishing tool, (2) the suggestion of empowerment as a benefit of using DTC GT services and (3) the narrative of responsibility as a persuasive appeal to a moral self-conception. While strengthening and respecting the autonomy of a patient is the focus in medical communication, specifically genetic counselling, persuasive communication is the normal mode in marketing of consumer goods, presuming an autonomous, rational, independent consumer. This creates tension in the context of DTC GT regarding the expectation and normative assessment of communication strategies. Our analysis can even the ground for a better understanding of ethical problems associated with intersections of medical and commercial communication and point to perspectives of analysis of DTC GT advertising. (shrink)

PurposeHelping Autism‐diagnosed teenagers navigate and develop socially is an EU research project in progress. The aim of HANDS is to investigate the potential of persuasive technology as a tool to help young people diagnosed, to whatever degree, as autistic. The HANDS project set out to develop mobile ICT solutions to help young people with autism become more fully integrated into society and the purpose of this paper is to present an overview of the design behind the HANDS toolset.Design/methodology/approachThe topic (...) of credibility is approached from an analytical, as well as an ethical, angle in order to address issues of credibility in relation to designing assistive technological tools. In addition, the authors set out to explore possible ways in which credibility can be evaluated. The paper presents a preliminary method for the evaluation of credibility; but which requires further refinement, as well as empirical support in order to inform us about issues of system credibility. Therefore, the suggested method reflects a working hypothesis which may serve as a springboard for further investigation.FindingsThe authors propose a preliminary method which reveals the necessity of certain preconditions requisite for evaluating the credibility of a system; and, in this way, seek to establish an ethically sound evaluation procedure for analysing credibility, by combining quantitative and qualitative assessments of system credibility.Research limitations/implicationsFurther investigation of the evaluation process is needed to develop a standard for resolving the credibility of a system. Naturally, such a standard would serve not only as a tool for measuring credibility but also as a didactic tool for scaffolding a pedagogic dialogue between teacher and learner. It becomes important, therefore, to undertake the task of developing this standard in collaboration with the teachers in the HANDS project.Originality/valueThe paper discusses credibility issues and ethical concerns with a view to designing mobile solutions for autism‐diagnosed teenagers. The ideas expressed and developed herein are applicable to many assistive, technological tools available to persons with special needs. (shrink)

The revised Common Rule adopts the reasonable person standard to guide research disclosure. Some members of the research community contend that the standard is confusing and ill-suited to the research oversight system. Yet the revised rule is not as radical as it might seem. During the 1970s, judges started using the standard to evaluate negligence claims brought by injured patients who said doctors had failed to obtain informed consent to the harmful procedures. In its influential Belmont Report, the National Commission (...) recommended application of a “reasonable volunteer standard” to guide IRBs evaluating research disclosures. Evidence also suggests that IRBs often invoke the reasonable person standard in deliberations about consent forms. But past application of the standard has been informal and uneven. Robust application of the reasonable person standard will require researchers and IRBs to learn more about what ordinary people want and need to know about the studies they are invited to join. Input from people with personal experience as study participants could be particularly useful to this effort. (shrink)

Readable, knowledgeable, and above all, eminently timely, this book is intended for the general public. It is written by a college professor and chaplain whose substantial background in the philosophical and theological bases of ethics enables him to show that the pervasive problem underlying the causes, symptoms, and effects of today's unease is essentially moral. Conover deals with the coequal focal points of moral man and moral society. He has chapters on the self, interpersonal relations, and the meaning of the (...) moral in impersonal relations. His definition of morality is a naturalistic one; its purpose is to regulate personal and group relations with other persons and groups. He finds our greatest obstacle to be the exclusive or "closed" nature of the moral community, which frustrates the accomplishment of moral purposes just at the points at which our conflicts are most difficult to resolve. He is able to place current issues of race, student disaffection, personal alienation, international conflict, and changing sexual standards in the unifying context of our need to protect both the personal and the corporate life of mankind. Therefore, the book stands a good chance of helping those interested in closing the generation, or other gaps. It is recommended for study and discussion groups of adults, college students, and perhaps advanced secondary school students. Helpful to educators and educational for parents, the book has particular merit for students because it avoids oversimplification.--M. B. M. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:191 A PERSONAL ELEMENT IN MORALITY In his quest for the truth about moral life, Hume steers between the Scylla of Sentiment and the Charybdis of Reason. Sentiment operating alone, as a basis for morality, would threaten to engulf humanity with as many relativistic moral truths as there are individuals. Reason alone would produce objective, impersonal truths, but these would be powerless to move us. Hume's developed theory (...) ingeniously shows how Reason and Sentiment can operate together, to produce judgments based on feelings which are nonetheless impersonal and objective (T 581-584; E 227-229). Hume is acutely aware (as we shall see below) that there exists a considerable disparity between the impartiality required of us by moral theory and what in practice people think when it comes to moral matters. There would seem to be only two ways of accommodating this fact. One is to regard the disparity as a mark of the moral mediocrity of ordinary people; we are not as objective in our judgments as we could be. The other way is to treat the disparity as a token of failure and inadequacy in the theory; our best philosophical reasoning about morals fails to capture its subject matter without distortion. Our rational powers fall short, not only in Book I of the Treatise, where the task is to explain the foundation of our beliefs, but also in Book III, where Hume attempts to elucidate moral life. Certainly the first way would reduce the gap to some extent; some people, perhaps many, are moral truly low achievers. I want to show that Hume also suggests the second way; he is willing to deflate the 192 pretensions of philosophy, even when it comes to his own state-of-the-art efforts. I. The Objectivity of Certain Feeling-Based Judgments In the moral arena of life we make judgments which are based on feelings, on 'certain sentiments of pleasure or disgust' (T 581). "To have the sense of virtue, is nothing but to feel a satisfaction of a particular kind from the contemplation of a character" (T 471). Of course not just any feeling will do; it must be of a peculiar kind, which we can experience only under specific conditions. At first Hume characterizes the necessary condition as follows: 'Tis only when a character is considered in general, without reference to our particular interest, that it causes such a feeling or sentiment, as denominates it morally good or evil (T 472). Later on Hume provides a fuller account. Characteristically he elaborates in response to an anticipated objection. The objection is that our sympathetic feelings of pleasure and pain fluctuate wildly, depending mainly upon our distance, so to speak, from the character we assess, in space, time, and kind of relationship. Our moral judgments do not vary in this way; we give the same approbation to the same moral qualities in China as in England (T 581). So (it is concluded) our moral judgments do not rest upon sympathy. Hume's response is that, as a necessary condition for moral judgment and communication, we must "fix on some steady and general points of view" (T 581-2). He proceeds to employ an analogy with our situation regarding perception of (and communication about) the things which make up our common world. 193 Here a man obviously cannot consider things 'only as they appear from his peculiar point of view' (T 581). For instance I cannot describe my desk to a friend by reporting on how I perceive it at this moment — because at this moment the light is dim and I am standing across the room from the desk. If I were to do a painting of the scene before me, the desk would be black, its top a trapezoid shape on the canvas. What I say, however, is that I have a walnut desk of a medium brown color and it has a rectangular top. I say, in effect, how the desk would look under standard conditions of light and perspective. In the Enquiry version Hume spells out his analogy more fully. Again he addresses the case in which our sentiments, e.g., about two men, one distant and... (shrink)

The main objective of this work is to examine the prevalence of psychopathy in the general adult population from the main currently existing theoretical perspectives of psychopathy, using for this purpose the five-factor or Big Five model as a common language that allows the comparison and integration of the personality traits considered as defining psychopathy by these different perspectives. The NEO Personality Inventory-Revised was applied to a sample of 682 adults of the general Spanish population. The prevalence of clinical and (...) subclinical psychopathy was calculated according to six different definitions of these two constructs based on Hare’s, Lilienfeld’s, triarchic, and DSM-5-hybrid models, and the simultaneous presence of a minimum number of personality traits that differed from the sample mean by one standard deviation. Prevalence rates for the different definitions were consistently low, indicating that the prevalence of clinical psychopathy in the general Spanish population is around 0.55%, and that of subclinical psychopathy is around 1.65%. There were no significant sex differences in the prevalence of psychopathy. These results question the alarmist claims that warn about the existence in society of a very high number of people with psychopathy who can cause many social, economic, physical, and psychological damage to others. (shrink)

Person‐centred care, with its central focus on the patient in partnership with healthcare practitioners, is considered to be the contemporary gold standard of care. This type of care implies effective communication from and by both the patient and the healthcare practitioner. This is often problematic in the case of the paediatric population, because of the many communicative challenges that may arise due to the child's developmental level, illness and distress, linguistic competency and disabilities. The principle of universal design put (...) forth in conventions and legislation means that the design of products and services should be usable by all people, to the greatest extent possible. Augmentative and alternative communication encompasses strategies, for example pictures and apps, that are typically used with people with communication disability. In this position paper, we argue for the universal use of augmentative and alternative communication to support person‐centred communication and care for children, regardless of age or potential disability. Clinical examples are shared from three different paediatric care settings where pictorial supports were applied universally. Interviews were conducted with children and adolescents (with and without disabilities), parents and healthcare practitioners, and the principles of universal design were used as a framework to demonstrate how person‐centred communication is supported in paediatric care. (shrink)

With the increasing popularity of the Internet, email marketing has become a convenient and dynamic mode of communication that enables business organizations and personal sellers to promote their products or services at a much lower cost and with a potentially more global reach. This article aims to examine the impact of new media on the encoding of persuasive messages in sales emails as a channel of direct marketing, and the extent to which the use of new media (...) influences the overall interactional or social strategy of credibility enhancement and persuasion in the context of sales promotion. A genre analysis based on a modified move scheme proposed in this study was conducted on 160 sales letters randomly selected from a database of 10,972 sales letters collected from 36 categories of recipients in Hong Kong over a six-month period. Similarities and differences in discourse structures were found across the two corpora, and discussions were made with reference to a conceptual framework titled the Lingual-Belief Interaction Model proposed by the author. The model addresses the role of text, context, and interface in sales email study on the one hand, and the interplay of belief, interaction, and language in persuasive communication on the other. In-depth interviews were conducted with 16 specialist and corporate informants in the field of sales promotion communication to verify the results of analysis. (shrink)

Risk and crisis communication (RCC) is a complex constellation of multiple actors, platforms, and voices. It involves institutional actors but also laypeople. Participation by social media users can both facilitate and obstruct effective RCC. The present study draws on in-depth interviews with Swedish Facebook users, and explores motivational factors for lay participation in RCC in the context of vaccination utilizing Peter Dahlgren’s (2011) model. The contributions of this study are threefold. First, it identifies three dominant clusters of participation motivations: (...) personal interest, information brokerage, and persuasion. Second, the results show that Facebook sociality is characterized by asynchronous communication, loops, and widespread hostility. Third, degrees of content visibility set up “zones of peace” (backstage, safe communication spaces) and “zones of fight” (frontstage, open sub-arenas where various views on vaccination are debated). Moreover, the study finds that these forms of sociality and levels of visibility can both strengthen and undermine user motivations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Practical Pursuits: Religion, Politics, and Personal Cultivation in Nineteenth-Century JapanStephen G. CovellPractical Pursuits: Religion, Politics, and Personal Cultivation in Nineteenth-Century Japan. By Janine Tasca Sawada. Honolulu: University of Hawai'i Press, 2004. Pp. xi + 387.In Practical Pursuits: Religion, Politics, and Personal Cultivation in Nineteenth Century Japan, her follow-up volume to Confucian Values and Popular Zen, Janine Sawada breaks new ground and sets a high mark (...) for future studies on Japanese religions. Practical Pursuits pulls down the sectarian barriers that have defined scholarly and sectarian studies of Japanese religions by looking at the common practice of personal cultivation through a detailed investigation that demonstrates the manner in which members of various groups—from Rinzai Zen to physiognomy movements— [End Page 512] engaged each other directly or indirectly in a conversation that came to shape religious practice in the modern period. The uncovering of what might be called a "common religion" is similar to the work of Ian Reader and George Tanabe in their book Practically Religious. Yet, in the process of exploring the contours of personal cultivation discourse, Sawada also sheds light on shifting lay and clerical identities, state-religion relations, and the development of new religions. The first half of the book is dedicated to an analysis of precedents set in the Tokugawa (Edo) period (1603-1868) and lays the groundwork for later changes during the Meiji period (1868-1912), which are the subject of the second half of the book.Sawada begins with the provocatively titled first chapter, "Dead Words." While this term derives specifically from eighteenth-century Nativist arguments, it is revealed in the course of the book to be a central theme in Japanese religious discourse. "Dead words" refers to the reaction by Nativists, Confucian scholars, Buddhist priests, and practitioners of various religious movements to what they perceived to be an overemphasis on obtaining a purely intellectual understanding of texts rather than realizing through practice the practical and moral implications of the texts. Here, Sawada introduces us to what she terms the "grammar" of personal cultivation, namely a framework of Confucian language upon which dialogue between often vastly different communities could take place. This "grammar" provided the foundation for broad and diverse conversations about personal cultivation, the content of which may have differed dramatically even as the language used was similar. Sawada also carefully traces the manner in which definitions of "learning" and "cultivation" changed over time, how religion and learning came to be viewed separately in the modern period, and the reactions of religious organizations to these fluctuations in definition.The "grammar" Sawada describes was used by a broad spectrum of elites and, as she demonstrates, was mediated by leaders of new religious movements. This mix of actors—Rinzai Zen priests, Shingaku leaders, Shintō practitioners, and others—"created their own interpretive conclaves, negotiated between textual systems of knowledge with which they had been imbued and the reality of their social and religious experience" (p. 27). This book brings to light the overlapping conversations between these different groups and peels back the multiple layers of their relations in which conversations over personal cultivation served as a bond between political, religious, and social elites.For students of Buddhism, the two chapters related to koji (lay) Zen are of particular interest. In these chapters Sawada details the interaction between those using the "grammar" she identifies earlier. In so doing, she begins to clarify how the clergy and elite lay practitioners negotiated new understandings of the boundaries dividing lay from professional practitioners. Sawada introduces evidence to counter the standard view that Zen clergy engaged in an "outreach" effort to expand lay practices in order to overcome the financial difficulties faced by temples in the Meiji period. While she gives evidence that finances were indeed a critical issue, she also shows us that, at least in some cases, the effort was more of an "inreach" by lay members seeking to gain or regain what they believed were traditional personal cultivation [End Page 513] practices. In such cases, Sawada shows, the clergy's reaction varied from resistance to passive acceptance.It is hard to find points to critique about this very enjoyable book. That... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Changing Human Nature: Ecology, Ethics, Genes, and God by James C. PetersonDolores L. ChristieChanging Human Nature: Ecology, Ethics, Genes, and God James C. Peterson Grand Rapids, Mich.: Eerdmans, 2010. 259 pp. $18.00Grounding himself in the Christian tradition, James Peterson argues for the moral efficacy of human genetic manipulation. Interpreting intentional intervention as part of human stewardship rather than as a wrongful interference with some divine plan, he takes (...) on the sticky questions, making critical distinctions, for example, between cure and enhancement or welcoming children as they come and making them “better.” Not neglecting future implications of current tinkering with human biology, even in such taboo areas as gamete selection, he contends that engineering a baby free of harmful genes (for example, Tay-Sachs or Down syndrome) not only makes that person better, but it also eliminates an ongoing burden to family, to society, and perhaps to future generations. Treading gingerly among the sacred cows of some Christian ethicists, he advocates the implanting of selected embryos free of unwanted genes; in his view, embryos are not yet persons.Peterson considers serious concerns such as eugenics projects and racial bias but offers standards to address them. He contends that intentionally increasing choices for our children is not only acceptable but also praiseworthy. What parents would not optimize the educational and social opportunities for their child, even without the child’s consent? Interventions should be safe, offer genuine improvement, increase the recipient’s capacity, and make the best use of limited resources. Peterson is not so naive that he does not recognize that technology does not always make us better. He recognizes, too, that his standards do not eliminate risk.Fair enough, but the issue of what “improvement” may mean to the individual as well as to the greater community remains somewhat ambiguous. Peterson suggests that broadening the decision making among a variety of professional and individual cohorts would help, but his argument is not totally persuasive. In sum, Peterson’s treatment falls short of offering a totally satisfying standard for determining which characteristics should be manipulated and which should be accepted. Nor does he demonstrate definitively how a [End Page 187] Christian perspective would contribute to sorting out possible choices. Does the deaf parents’ desire for their child to be deaf like them constitute an instance where intervention should not be attempted? Can the disparate cohorts he suggests as arbiters rise above their own biases? Does Christianity and its belief system offer answers? Readers—even readers who call themselves Christian—will likely be persuaded that genetic intervention is a good, and even compatible with their religious perspective. Nonetheless, they will harbor lingering doubts about how the questions can best be solved, who should solve them, and how Christian belief helps sort among the possibilities. In his closing comments Peterson appears to agree.The book is rich in research and in provocative ideas. It is an exciting book. It is a readable and enlightened contribution to the professional conversation on gene therapy. Peterson’s research is extensive, his argumentation balanced. His attempt to locate the question within the Christian tradition is laudable. Happily, Peterson eschews a creationist approach to world and human origins. Unhappily, his approach to the scriptural text is not always nuanced. His assertion that Jesus himself was different biologically from other human beings (132) seems a stretch. If one takes the passages of Jesus’s biological origins literally, as apparently does the author, what happens to the assertion that Jesus is like other human beings “in all things but sin”? And where did Jesus get the Y chromosomes? While he persuades the reader that genetic intervention is compatible with a Christian worldview, Peterson does not offer—at least in this reviewer’s view—an adequate criterion for navigating this new world of the possible.Dolores L. ChristieJohn Carroll UniversityCopyright © 2013 Society of Christian Ethics... (shrink)

Equipoise is advocated as a means of achieving high scientific and ethical standards in randomised trials. As used in the context of research the word describes a state of uncertainty characterised by the belief that in a trial no arm is known to offer greater harm or benefit than any other arm. Clinicians who lack personal equipoise are advised to accept clinical or communal equipoise, based on current unresolved disagreement among the medical profession. Equipoise is mainly discussed in (...) the literature as an issue for senior doctors and research directors. Limitations of professional equipoise are reviewed, and data on the neglected topic of patients' equipoise are reported using the example of breast cancer trials. In theory, a patient who gives informed and voluntary consent to enter a randomised trial has achieved the equilibrium of equipoise. In practice, equipoise among patients ranges from personal to proxy acceptance. (shrink)

The ‘reasonable person standard’ is often called on in difficult legal cases as the last resource to be appealed to when other solutions run out. Its complexity derives from the controversial tasks that people place on it. Two dialectics require some clarification: the objective/subjective interpretation of the standard and the ideal/ordinary person controversy. I shall move through these dialectics from the standpoint of an EV approach, assuming that on this interpretation the RPS can perform most persuasively its tasks. The all-round (...) model of phronetic agent that I present not only works better than competing models—such as the utilitarian–economic and the Rawlsian—in the law of tort but shows its best potentialities in other kinds of cases. In criminal law and matrimonial law cases the recourse to the EV approach offers through the virtues rich and substantial resources to evaluate conflictual cases. This approach makes the threshold of evaluation much closer to real life than competitors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 349 Wittgenstein: From Mysticism to Ordinary Language: A Study of Viennese Positivism and the Thought of Ludwig Wittgenstein. By RUSSELL NIELI. SUNY Series in Philosophy. Albany; State University of New York Press, 1987. Pp. xvi + 261. $39.50 (cloth) ; $12.95 (paper). In his original and thought-provoking hook, Russell Nieli offers a well-documented interpretation of Wittgenstein's philosophical development from mysticism, which supposedly dominated the Tractatus Logico-Philosophicus (1921), (...) to ordinary language philosophy, as expressed, for instance, in the posthumously published Philosophical Investigations (1953). According to Nieli, Wittgenstein's rejection of traditional metaphysics and theology in the Tractatus was grossly misunderstood by the logical positivists of the Vienna Circle, who missed the main point, namely Wittgenstein's emphasis on the mystical ascent toward higher reality (God) which "lay outside and beyond the world" (p. xi). Metaphysics was rejected by Wittgenstein-Nieli claims-because it leads to " God-debasing profanation or impropriety " (p. 83); it attempts to say what cannot he said hut only shown. The logical system of the Tractatus is then " a precise delineation of the profane world which is left behind in the transcendental encounter with the Sacred" (p. 98). Allegedly, such mystical, ekstatic experience cannot he articulated by any however perfected linguistic medium, which hopelessly remains an " inner-worldly " phenomenon. Of course, this application of via negativa must have been totally alien to the Humean-empiricist philosophy of Wittgenstein's teacher, B. Russell, as well as to any positivistically oriented philosophers operating in the tradition of the Enlightenment. Nieli supports his claims and comparisons by very rich documentary material drawn from the history of mystical experiences and doctrines, just as from the recent philosophical and psychological sources: from St. Augustine, Pseudo-Dionysius, St. John of Cross, Kierkegaard, Schopenhauer, W. James, R. Carnap, Heidegger, Sartre, R. D. Laing, and many others. In addition, he follows closely Wittgenstein's personal and intellectual history, as it has been revealed by various relevant memoirs, notebooks, and recollections. As expected, Wittgenstein's alleged mystico-religious experiences are given prominent coverage. Wittgenstein's puzzling transition from the Tractarian logical atomism and picture theory of language to the ordinary language philosophy is treated by Nieli through the analogy of the prophet turning into a rabbi (this is already suggested by the title of his Preface). According to this characterization, the early Wittgenstein-the prophet- " has descended the mountain to join the priests and rabbis below, as 850 BOOK REVIEWS the immediate pastoral needs of society have come to overshadow the former concern with maintaining the truth and purity of mystic theophany " (p. 183). Nieli draws an interesting comparison between the development of Wittgenstein's later philosophy and the actions of the Jewish council of Jamnia in 90 A. D. which declared the end of the age of prophecy and canonized sacred writings of the past as models for the prescribed way of living. Regarded as an accumulation and expression of life-experiences and life-attitudes of common people, ordinary language acquired for Wittgenstein a new status as scripture. After the devastating experiences of the First World War Wittgenstein made remarkable steps in an attempt to help common people as a teacher in small Austrian villages. He gave away his fortune and even thought about joining a monastery. Nieli persuasively reports on Wittgenstein 's affinities to L. N. Tolstoy as well as on Wittgenstein's deeply troubled soul, for which hard physical work and communication with plain folks were cherished means for escaping the threat of mental insanity. The late Wittgenstein's concern with language-games, rule following, his quasi-behaviorism and emphatic rejection of the so-called private language-all of this is then explicable, Nieli believes, by Wittgenstein's search for and endorsement of the normal, sane, standard, commonsensical. Is it possible that Wittgenstein's struggle with the " dark side " of his tormented soul, reflecting almost a Manichean-Gnostic position, played such a decisive role in his production of a highly influential therapeutic linguistic philosophy? Nieli's affirmative answer seems plausible, yet it would need further elaboration, in particular with respect to Freud and depth-psychology. Nieli's sympathetic treatment of Wittgenstein's philosophy comes to a rather abrupt... (shrink)

Modern parents, particularly in countries with highly developed public health systems, are not short of guidance about how to feed their children.1 Advice flows freely from many sources. State organs, particularly health departments and health care providers, offer advice with a reassuringly official provenance. Nutritional and pediatric societies, health-related charities, childcare manuals, parenting websites, and nutrition publications draw on scientific research in formulating their advice. Newspapers and magazines report the findings of the latest nutrition studies. Advice is also relayed informally (...) and personally, often with glosses drawn from personal experience.. (shrink)

We notice a number of interesting overlaps between the views on personhood of Ifeanyi Menkiti and Marya Schechtman. Both philosophers distance their views from the individualistic ones standard in western thought and foreground the importance of extrinsic or relational features to personhood. For Menkiti, it is ‘the community which defines the person as person’; for Schechtman, being a person is to have a place in person-space, which involves being seen as a person by others. But there are also striking differences. (...) Schechtman sees this aspect as expanding the scope of personhood to infants and those who are severely mentally disabled. Menkiti thinks that there is a line to be drawn at some point between those humans that are persons and those who are not. We consider the cases offered in questioning how the dispute between the two views should be resolved. (shrink)

This paper discusses two paradigms of risk communication that guide strategies for communicating food safety issues. Built on the principles of social utility and paternalism, the first paradigm heavily relies on science and technical experts to determine food safety regulations and policies. Risk communication, in this context, is a unidirectional process by which experts from the industry or government regulatory agencies inform or alert potentially affected publics about the hazards they face and the protective actions they can take. (...) However, public trust and confidence in government and industry have considerably declined. Experts are being questioned about the objectivity of their assessments of risks. Policy makers are being challenged on such risk management decisions as tolerance guidelines, food labeling laws, and emergency warning systems. Concomitantly, some segments of the public, especially consumer advocates and environmental groups, are demanding increased input into the decision making process as they call for the recognition of lay perceptions and interpretations of risk as a legitimate counterpart to technically-assessed risk. Hence, instead of the linear, persuasion-oriented communication process, there are evolving efforts to shape risk communication into a more dialogical, interactive, and democratic exchange of information among different stakeholders (i.e., technical experts, government policy makers, industry, interest groups, and the general public). Reflecting a more Jeffersonian approach, this second paradigm argues that decisions about food safety are so complex and multi-dimensional that they must not be left to experts alone.However, both paradigms present ethical dilemmas. Determining the risks and relative safety of foods is not a totally objective and concise process. Since it involves social, economic, political, and personal values, how can the public not be involved in the exchange of ideas and information concerning food risks and safety? On the other hand, can we afford to let public opinion govern decisions pertaining to food risks and safety without consideration for the merits of scientific risk assessment? This paper raises questions regarding some assumptions of these two risk communication paradigms, and explores and discusses some of the salient ethical questions inherent in each framework. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

What is dialectic and what is it for, in Aristotle? Aristotle’s answer in Topics 1.2 seems surprisingly lacking in unity. He seems to imply that insofar as dialectic is an expertise, it is a disposition to three different kinds of productive achievement. Insofar as dialectic is a method, it is one whose use is seemingly subject to multiple, differing standards of evaluation. The goal of the paper is to resist this problematic “multi-tool” view of Aristotelian dialectic, by explaining how (...) dialectic’s contributions to training, encounters, and the philosophical sciences are of the same kind. What unifies them, I argue, is the kind of reasoning that improves the epistemic position of the person that engages with it. The kind of reasoning-based practices in which dialectic is the expertise are, at heart, tools of inquiry, tools for improving people’s understanding. This is why dialectic is beneficial for persuasive encounters: it is an expertise that enables its possessor to persuade by improving the understanding of their participants. (shrink)

This study uses dialogic theory and philosophy of technology to provide an ethical framework for analysis of newspaper audiotex, or electronic voice information services. It concludes that growth of newspaper audiotex (a) is bound by notions of technological determinism and the technological imperative, (b) is driven by virtuosity values related more to personal aggrandizement of its developers than concern for consequences in the user sphere, and (c) signifies a shift in newspapers' communicative stance with readers to monologic mode emphasizing (...) power/persuasion. Consequences for the coming of the electronic newspaper are considered. (shrink)

This article addresses the relationship between content, voice, and body language in persuasive communication and the contribution of these three elements of persuasive performances to its overall persuasiveness. Findings are presented from two separate laboratory experiments. In the first experiment three versions of a video displaying a speech were shown to three different groups of participants: without vocal emphasis and without gestures of the speaker, with vocal emphasis but without gestures, with vocal emphasis and gestures. Audio tracks (...) of the first two experimental conditions were later used in the second experiment to analyze the effects of vocal emphasis when no visual cues are present. Measurement included a questionnaire as well as Real Time Response-measurement. It was found that content dominates the effect of the speech; emphasis and gestures, however, improved the perception of some features of the speech, such as liveliness and power. Audio-only versions yielded similar results but were rated more favorably in general. (shrink)

This thesis presents a communicative account of personhood that argues for the inseparability of the metaphysical and the practical concepts of a person. It connects these two concepts by coupling the question “what is a person” with the question "how does one become a person". It argues that participation in social interactions that are characterized by mutual recognition and giving-and-taking reasons implied by the practical concept of a person is in fact an ecological and developmental condition for an entity to (...) possess the kind of characteristics and capacities such as reflexive self-consciousness addressed by the metaphysical concept. The chief theoretical contribution of the dissertation research lies, accordingly, in demonstrating that an adequate metaphysical concept of a person has to make reference to the kind of social processes that are necessary for the emergence and development of the distinguishing attributes of persons among other moving, perceiving, desiring and cognizing agents. Methodologically, it undertakes an original philosophical analysis that is enriched by an interdisciplinary investigation of several notions and insights from semiotics, comparative and developmental psychology, cognitive science and anthropology. The main argument of the thesis is that one becomes a person through internally recreating a social, communicative process; namely, that of dialogical transformation of habits. We find the paradigmatic case of this social process in mutual persuasion. The internalization of this process in the form of an inner dialogue cultivates a social self that is in ongoing communication with the embodied, organismic self of uncritically habituated attitudes, convictions and desires. This inner dialogue can be conceived as a temporally extended process of self-persuasion, which is characterized by an ongoing strive for attaining higher degrees of self-control; that is, for achieving a more coherent alignment between our habits and the kind of person we would like to be. It starts with self-interpretation and self-evaluation, and culminates in the formation of higher-order desires that facilitate habit-change and novel habit formation in accordance with certain social, moral, aesthetical or intellectual categories and norms one comes to endorse. For this reason, self-induced, deliberate habit-change is also a process of appropriation or self-appropriation, through which we strive to cultivate habits of feeling, thinking, acting that we can deem more truly ours. The thesis demonstrates that the capacity for engaging in this kind of self-persuasion consists chiefly in the capacities for metasemiosis, perspective-taking, and for cultivating habits of reflexivity. It explicates how all these capacities have a social origin and ultimately a social function by showing that they all presuppose certain higher-order communicative patterns that arose through an evolutionary and cultural history, and develop through the internal reconstruction of these patterns as cognitive-semiotic processes. The thesis concludes that becoming a kind of being who can engage in self-persuasion, thus a person, consists ultimately in internalizing the patterns of communicative social interactions in the form of an ongoing auto-communication. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 39.4 (2006) 333-339MuseSearchJournalsThis JournalContents[Access article in PDF]On Persuasion, Identification, and Dialectical SymmetryKenneth BurkeEdited with introduction by James ZappenNote: This untitled paper was found in two typed copies among the books and papers in Kenneth Burke's personal library in July 2006—one copy folded into a heavily used Loeb edition of Aristotle's Rhetoric, the other in a small file cabinet in the library.1 The two copies are (...) nearly identical carbon copies, probably typed by Burke's wife Libby; the original has not been found.2 The paper includes brief discussions of persuasion, identification, and dialectical symmetry (hence the current title), plus brief critiques of behaviorism and general semantics, with specific reference to Alfred Korzybski's notion of the structural differential. It was probably written in the mid-1940s, after the second edition of Korzybski's Science and Sanity and The Philosophy of Literary Form, both published in 1941; perhaps at roughly the same time as the more extended discussions of behaviorism and Korzybski in A Grammar of Motives, published in 1945; and before the full development of Burke's ideas about persuasion, identification, and dialectical symmetry in A Rhetoric of Motives, published in 1950. The paper might have been prepared for a public lecture or for circulation among Burke's literary friends, as a brief commentary on some of the key concepts in A Rhetoric of Motives, while he was completing A Grammar of Motives or perhaps shortly following its publication. If so, then it might have been written as late as 1947.3This paper suggests that Burke's concept of identification was in part a creative response to current issues in behaviorism and general semantics, formulated in sympathy with George Herbert Mead's observations on identification, communication, and community in Mind, Self, and Society and The Philosophy of the Act and in opposition to Korzybski's general semantics and his structural differential. Moreover, and more important, this paper suggests that the final section of A Rhetoric of Motives, titled simply "Order," is essential to a complete understanding of Burke's ideas about persuasion and identification since only in this last section does Burke show how competing points of view [End Page 333] might be reconciled in an ultimate identification via the dialectical symmetry that he traces through the long history of Platonic thought.4James P. Zappen Department of Language, Literature, and Communication Rensselaer Polytechnic Institute* * *What, in sum, would be the salient traits of Aristotle's Rhetoric?5 And what would be our attitude towards them?His "art" is constructed about his stress upon persuasion as the purpose of rhetoric. Hence he surveys the resources of rhetoric, to the end that one might use the best means available for a given situation. To narrow down the choice of means, he makes a division into kinds of oratory: deliberative (concerned with the expediency of steps still to be taken); forensic (concerned with the justice or injustice of past acts); and demonstrative or epideictic (concerned with praise and blame, primarily involving the present). But to be effective in any of these kinds, one must appeal to the opinions of one's audience—hence the lists of "topics" reviewing such opinions. First he considers the components of happiness, on the grounds that all men aim at happiness, hence this topic figures in all persuasion and dissuasion. For deliberative oratory specifically, he lists the topics naming men's opinions as to the good, the expedient, and their opposites (along with relevant observations on different forms of government). His topics for epideictic, dealing with praise and blame, comprise the things men consider virtuous and vicious. And his list of forensic topics has to do with the motives and effects of just and unjust acts. Also, there are such general topics as the possible and impossible, the more and the less, the likely and the unlikely.Enthymemes (deductions based on opinion) fit well with forensic, he says. Rhetorical induction (example) best suits the deliberative. And to epideictic, amplification (auxesis... (shrink)

When a term is used in science, we tend to integrate its origins, functions, and history to see if the term is a scientific one or comes from other fields. The term «empathy» is an example to such a case. This article challenges the widespread view that empathy is the capability of a person to understand emotions and thoughts of others. We will deconstruct the concept of empathy as an academic one by focusing on its limits. We will discuss the (...) possibility of empathy for humans in critically reconstructing the meaning of the word and its meanings from its ancient origins to contemporary research. Our question is centered on cognitive actions that enable empathy as an emotional way of understanding others. Based on our findings, we argue that the concept of empathy is a recently established academic term. As a concept, it matches with some alternative concepts such as apathy and sympathy. In rhetoric, it is the pathos of the speech that affects the speaker by emotions since no specific receptive ability of the speaker is needed. Similarly, when we use the term empathy, we should use it as a category of the sender, not that of the receiver. This concept of logical empathy opposes to the classical view of empathy studies emphasizing that empathy is a receptive category of the receiver. So, empathy is nothing else but the ability to send emotional or intellectual content suitable to a capable receiver. Also, the comparative study in the concept of empathy in Buddhism gives us evidence that empathy is a spiritual or mental concept whose applications are in the area of pre-linguistic states and esoteric contexts. In rhetorical terms we could define it as a persuasive mood of pathos-driven speech. (shrink)

The central claim of this book is that I is a deictic term, like the other singular personal pronouns You and He/She. This is true of the logical character, inferential role, referential function, expressive use, and communicative role of all and only expressions used to formulate first-personal reference in any language. The first part of the book shows why the standard account of I as a ‘pure indexical’ (‘purism’) should be rejected. Purism requires three mutually supportive doctrines which (...) turn out to be myths: a) that a simple rule is sufficient to give the meaning of I (‘rule theory’); b) that one can use I to express thoughts without having to identify what is being referred to (‘independence’); and c) that as a matter of the meaning of I, any use of the term is logically guaranteed against failure to refer (‘the guarantee’). The second part of the book shows why the radically new account of I should be endorsed as a deictic term. Substitution instances and the behaviour of I in inference reveal that it has an obligatorily deictic logical character and inferential role. I fulfils its referential function in the deictic way, providing determinacy of reference by making an individual referentially salient in the extra-sentential context. The discriminability of the referent of an I-use depends on recognizing the referentially salient individual. This is true of its discriminability both to the reference-maker and to the audience. So I has the expressive use and communicative role of a deictic term. The conclusion of the book directs research towards the next step, showing how the meaning of I may be used to elucidate the thoughts expressed by the term, and from there questions relating to self-knowledge, practical reasoning, belief-acquisition, and belief-ascription. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.1 (2005) 27-29 [Access article in PDF] Community, Consciousness, and Dynamic Self-Understanding Marya Schechtman Keywords consciousness, unconscious, self-understanding, embedded consciousness, personal identity I would like to thank both of my commentators for their generous and insightful comments. After an extremely clear and accurate summary of my position, Grant Gillett suggests that it should be supplemented with a recognition that the self-understanding I describe is (...) rooted in culture and social practice. I agree wholeheartedly with the need for such a supplement. In this paper, I try to switch from the emphasis on contents of consciousness found in traditional developments of the Lockean insight to an emphasis on the fact of reflective self-consciousness, which I think better captures what seems right in Locke's view. My suggestion is that we take up Locke's claim that the essential feature of personhood is awareness of oneself as a self, and understand this self-awareness in terms of an implicit demand for intelligibility in one's conscious experience. Considering oneself as a self requires that one view one's current state not as a free-standing moment that might or might not be related in appropriate ways to the states of a freestanding past or future self, but rather as part of an unfolding life story. This involves, among other things, an acknowledgment of our obligation to questions such as: "Why do I feel this way?" or "Why am I doing this?" Being a self involves holding oneself accountable for what one is doing and feeling. In this case the accountability is to oneself.The possibility of being accountable to oneself obviously depends, however, on a cultural context in which there is such a thing as accountability to others. It is only against a backdrop where others may call for an explanation of one's behavior or speech—and where not all explanations count as legitimate—that one can demand intelligibility from oneself. Children must be socialized into personhood by learning the right questions to ask about how their lives hang together, and what kinds of answers count as answers to those questions. Person, in Locke's sense, is a normative and forensic term, and is therefore inherently bound up with public standards. My point here is the somewhat limited claim that the attitude toward our own lives and experience, which is self-constituting, giving us a sense of ourselves as persisting beings, will involve this kind of accountability to oneself. I agree, however, that the tools for achieving this sort of attitude come in with mother's milk and early socialization. A fuller development of my claim thus [End Page 27] requires much more discussion of the role of culture and society in self-constitution. I begin such a discussion in my Constitution of Selves (1996), and hope to take it up in more detail in future work.Markus Heinimaa (2005) wonders if I have gone far enough in rejecting traditional approaches to the problem of personal identity. Although I say that the perceiver-self is not a homunculus, I do talk about it as if it is an entity, and about the unconscious as if it is a place inside this entity where psychological states can hide. Heinimaa's suggestion is that both the perceiver self and the unconscious are unnecessary complications, and that I can achieve my goal without them. Locke's insight can be better (or at least as well) captured, he suggests, with a kinetic view of the person as a process of self-understanding. These challenges are well taken. Although I cannot fully answer them here, perhaps I can clarify my position somewhat, and in so doing motivate some of my assumptions.I begin with my assumption of unconscious mental states and processes. My discussion starts from the idea that there are considerations pulling us toward the claim that the person must be identified with consciousness, and also considerations pulling us toward the view that the person must be more than conscious experience. The first set of considerations is laid out in some detail in... (shrink)

Tim Scanlon has recently argued that an action is *blameworthy* if it "show[s] something about the agent's attitudes toward others that impairs the relations that others can have with him or her" and hence that "to *blame* a person is to judge him or her to be blameworthy and to take your relationship with him or her to be modified in a way that this judgment of impaired relations holds to be appropriate" (*Moral Dimensions*, 128--29). Given this, Scanlon argues, reactive (...) attitude accounts of blame, while they can capture some of the ways blaming attitudes vary depending on one's relationship to the wrongdoer, are in general "too thin" and cannot explain all the relevant changes in our attitudes, "including changes in our readiness to interact with [the wrongdoer] in specific ways" (143). Yet Scanlon does not provide clear accounts of what types of relationships matter for blame and how violations of the "standards" of these relationships justifies what new attitudes. My aim is to address this. -/- To do this, we need to turn not merely to particular reactive attitudes but to broad, interpersonal rational patterns of reactive attitudes in terms of which we can make sense of what I have come to call "communities of respect". My claim is that the sort of relationship whose impairment is relevant to blame is that of co-membership in a community of respect, so that the significance of the agent's wrongdoing relevant for blame is the significance those actions and attitudes have *for us* in the community. However, accommodating the variability of blame on which Scanlon rightly insists requires a more careful examination of two additional factors that affect how it is proper for one to respond to the impairment to those relationships that the wrongdoing represents: one's role in a given case as perpetrator, victim, or witness, and one's personal commitments. For, I argue, these factors provide one with excuses for failing to treat the perpetrator with the normal trust and respect we demand of each other, and the validity of these excuses itself depends on the overall rational structure of the patterns of reactive attitudes within the community. Consequently, both the individual and the community are important in defining the relationships and modifications of relationships that are central to blame; however, such modifications to personal relationships are a *consequence* of blame rather than, as Scanlon claims, part of its content. (shrink)

What bearing does living in an increasingly globalized world have upon the moral assessment of global inequality? This paper defends an account of global egalitarianism that differs from standard accounts with respect to both the content of and the justification for the imperative to reduce global inequality. According to standard accounts of global egalitarianism, the global order unjustly allows a person’s relative life prospects to track the morally arbitrary trait of where she happens to be born. After raising some worries (...) with these accounts, the author offers an alternative account of global egalitarianism, “social egalitarianism,” which locates the wrongfulness of global inequalities in their effects on social and political interaction rather than in the unfairness of their source. On this view, global inequalities wrongfully exclude the worse-off from partaking in the benefits of globalization. Consequently, social egalitarianism aims for the elimination of only those inequalities that impede such participation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Standards of Music Education and the Easily Administered Child/Citizen: The Alchemy of Pedagogy and Social Inclusion/Exclusion Thomas S. Popkewitz and Ruth Gustafson University of Wisconsin-Madison Educational standards are forsome a corrective device to promote the twin goals of excellence and equity by making explicit the performance outcomes ofschooling. For others, performance standards do not do what they say and install the wrong goals for teaching. But (...) various sides in the debate assume that school subjects teach the subjects and what is needed are more effective and efficient classroom practices. Our approach is different. We consider the standards of school subjects as related to the conditions of state governing. School subjects inscribe principles that administer the conduct ofthe child who is to grow into the "reasonable citizen." The Standards Movement is more than what is publicly discussed. Pedagogy embodies particular ways ofthinking or a system ofreason in which pedagogy orders who we are, who we should become, and who are not qualifiedto become that "we." If we think of modern schooling as an inscription device in the fonning of the citizen through the development ofthe child, the crux of the debate is not whether to have standards. It is how particular standards are inscribed through pedagogicalpractices. Ifwe treat school subjects as analogous to a uniform system of taxes, the developmentofuniformmeasurements, andurban planning in the modem state, our concern is with the boundaries created about the rules and standards of reason and the reasonable person. Pedagogygoverns inadoublesense: schoolmusic embodies representations that constitute the objects that children act on as real, and it generates principles to orderand patrol the borders that qualify and disqualify individuals for participation. The standards that govern music education can be thought about as an alchemy.1 The field of music is transported and translated into school subjects andpedagogical content. As the sorcerer ofthe middle ages sought to turn lead into gold, a specializedpedagogyplaces children in a new set ofrelations that is no longerthe academic field of music. Why is the alchemy important? First, the alchemy ofschool subjects is a particular system of reason that fabricates the kinds of people administered in schooling. Second, the alchemy reconfigures the sensitivities and awarenesses of the field of music to make the child's "soul" the site of administration. That soul in music and other school subjects is talked about today as personaldevelopment, self-reflection,personality, and character. Third, school subjects are sites in which the relations between the state, society, community, and individuality are worked and reworked to produce the borders ofinclusion and exclusion. The first section of this paper considers school subjects as a practice of governing that administersprinciples (orstandards ifwecanplay with that word) about who we are and should be. The second section considers psychology as the translation device that transports academic disciplines into school subjects. It may seem odd at firstglancebutthesamepsychologicaltransportation systems exist across school subjects. The historical intervention of the transportation system, we argue in the third section, has little to do with understanding music or science, but with governing the soul. In that section we examine the different cultural practices that overlap to©Philosophy ofMusic Education Review 10, no. 2 (Fall, 2002): 80-91. Thomas S. Popkewitz/Ruth Gustafson 81 generate principles that orderthe nature ofmusic, the child/childhood, teaching, and reflection and subjectivity in music education. The discussion is not about the internal structure or the goodness ofmusic education but the particular frames of reference that form the evidence and possibilities of reform in school subjects. We take up the task ofinquiry into the alchemy of music as part of a broader project to show the contingency ofthe arrangement that we live by showing how thought has played a part in holding those arrangements together and to contestthe strategiesthatgovernthehumanpossibilities. The Art ofGoverning: Standards as Mapping Who We are/to Become Themodern state governs through developing a precise system of classifications and the correct sorting devices to chart a course ofaction that will change society for the better and which will prevent any futurejoining ofthe ranks ofthe poorly performing. To govern is to develop systems ofclassification that calculate and make legiblepeople fortheadministrationofthe society and the citizen. Mass schooling is a central institution in... (shrink)

Previous studies have shown that identification and self-referencing can both function as mechanisms of narrative persuasion. However, it is not yet clear whether they are compatible and can work together in bringing about persuasive effects of narratives, or not. Therefore, this study examines both identification and self-referencing and studies their relation and effects. A 2x2 between-subjects experiment was conducted among 185 student participants, with the factors ‘perspective’ (1st vs. 3rd person) to influence identification and ‘similarity’ (young student protagonist vs. (...) older working protagonist) to influence self-referencing. Results showed that identification mediated indirect effects of perspective on story-consistent belief and self-referencing mediated indirect effects of similarity on story-consistent belief. Moreover, identification and self-referencing serially mediated indirect effects on story-consistent belief. These results indicate that identification and self-referencing are compatible processes which can work together as mechanisms of narrative persuasion. (shrink)

This article is a reply to Venkatapuram's critique in his article Health, Vital Goals, Capabilities, this volume. I take issue mainly with three critical points put forward by Venkatapuram with regard to my theory of health. (1) I deny that the contents of my vital goals are relative to each community or context, as Venkatapuram claims. There is no conceptual connection at all between standard circumstances and vital goals, as I understand these concepts. (2) Venkatapuram notes that I stop short (...) of filling the framework of vital goals with any content and thereby make my concept of health less concrete. I reply that some vital goals are indeed universal, viz. the ones which are necessary conditions for survival. Many other vital goals are individual and cannot therefore be included in a universal list. (3) Venkatapuram claims that my definition of vital goals is too broad, since it entails that some persons without any disease can be regarded as ill. However, in my understanding health is a relational concept from a state of complete health to a state of maximal illness. In this framework, a minor reduction of a state of complete health does not entail illness. This article also contains a comparison between my theory of health and Martha Nussbaum's theory of capabilities for dignity. (shrink)

The standard pedagogy within Philosophy for Children courses is the community of inquiry. In this paper, I argue that the current form of the community of inquiry does not properly accommodate autistic students. Using observations from Benjamin Lukey alongside my personal testimony, I illustrate how autistic students may struggle within the community of inquiry. Importantly, I argue that this need not be the case, as the community of inquiry can be made more inclusive if it were to emphasize collaboration (...) instead of verbal dialogue. (shrink)

This paper critically examines a particular strategy for resolving the central ethical dilemma associated with randomized clinical trials — the “community equipoise” strategy . The dilemma is that RCTs appear to violate a physician's duty to choose that therapy which there is most reason to believe is in the patient's best interest, randomizing patients even once evidence begins to favor one treatment. The community equipoise strategy involves the suggestion that our judgment that neither treatment is to be preferred is to (...) be assessed according to a community rather than an individual standard. Thus, though a physician may personally believe that there is some reason to prefer one treatment, patients can legitimately be randomized if there remains disagreement in the community of medical professionals. Rationales in favor of this conception include the following: medical knowledge is best understood as residing in the community, the judgments of others count as evidence, and so should change one's own opinion, subjects would not be better off outside the trial, and the point of any trial is the resolution of dispute in the medical community. I critically examine these rationales and argue that they are insufficient. Amongst the problems are tensions between various of these underlying rationales, and important ambiguities in just what the CE criterion is to amount to. Finally, I argue that even if use of CE was justified, it would not justify carrying out RCTs anywhere near long enough to discharge our duty to gain reliable knowledge on which to base safe and effective medical practice. Hence, we need some different justification for carrying out RCTs. (shrink)

This work tests two conflicting views about double standards: whether they reflect evolved sex differences in behavior or a manipulative morality serving male interests. Two questionnaires on jealous reactions to mild (flirting) and serious (cheating) sexual transgressions were randomly assigned to 172 young women and men. One questionnaire assessed standards for appropriate behavior and perceptions of how young women and men usually react. The second asked people to report how they had reacted or, if naive, how they would (...) react. The questions concerned anger at and blame of partner and rival and the self-oriented responses of loss of self-esteem, feelings of hurt, and fear of losing the partner. As predicted by the idea of manipulative morality, both sexes advanced sets of double standards that serve the interests of their own sex at the expense of the opposite sex. Much of the data contradict the idea of a match between double standards and evolved sex differences. First, subjects who set self-serving double standards did not perceive gender differences in jealous reactions. Second, there were few gender differences in judgments regarding jealous responses. Third, in contrast with the familiar double standard, women were more aggressively reactive to a flirting rival than men. Fourth, self-reports of the strength of aggressive jealous reactions suggest that women’s behavior is stronger than the prescriptions for it. These data suggest that double standards represent a communication strategy which assists men’s control of women. The data on jealous reactions were interpreted in terms of the degree of threat to fitness posed by infidelity in different situations. (shrink)

The concept of person‐centeredness has become in many instances the standard of health care that humanises services and ensures that the patient/client is at the centre of care delivery. Rejecting a purely biomedical explanation of dementia that led to a loss of self, personhood in dementia could be maintained through social interaction and communication. In this article, we use the insights of queer theory to contribute to our current understanding of the care of those with dementia. We critically discuss (...) the concepts of person and personhood that have become the cornerstone values of person‐centred care for persons with dementia (PWD). Some critics, using queer theory as a theoretical approach, contend that person‐centred care often (unwittingly) reproduces heteronormative roles in trying to sustain life histories. In doing so, they argue, regendering of PWD is sometimes enforced by care providers who try to safeguard this biographical continuity. Cultural theorist Linn Sandberg also mentions that other axes of domination such as race and class are not conceptualised in person‐centeredness approaches, and neither are power asymmetries. Thus, in our article, we revisit the concept of person‐centred care as a first step in proposing another way to think about ‘beings with dementia’ (to avoid the term person). Believing that queer theorists have fallen short in questioning the idea of person or personhood as such, we will build on and broaden Sandberg's critique by demonstrating that queer and crip theory can be understood as a fundamental critique of the (Western) subject and processes of subjectivation. We argue that dementia can be conceptualised as a radical break not only with gendered roles and embodiments, but with many of the norms that make us recognisable subjects. Conceptualising dementia in this way turns it into what Sandberg called an ‘emancipatory space’ and not merely a pathology. (shrink)

HIV prevention is a critical health issue in Nigeria; a country that has one of the worst HIV epidemic profiles in the world. With 270,000 new infections in 2012, Nigeria is a prime site for HIV prevention research. One effect of the HIV epidemic has been to revolutionalise ethical norms for the conduct of research: it is now considered unethical to design and implement HIV related studies without community engagement. Unfortunately, there is very little commensurate effort in building the capacity (...) of local persons to engage actively with researchers, and there is no existing platform to facilitate dialogue between researchers and communities engaged in research in Nigeria. In an effort to address this gap, we undertook a series of three community dialogues and two community-researcher interface meetings in Nigeria. This paper aims to give an empirical account of the dialogue from these community engagement processes and provide a resulting critique of the implementation of research ethics practices in Nigeria. It is anticipated that the outputs will: support researchers in designing community-based research protocols; inform ethics committees of key considerations during research protocol reviews from a community perspective; and inform policy makers and research sponsors about issues of primary concern to communities with respect to HIV research. (shrink)

The little francophone community of Port-au-Port Peninsula in Newfoundland is particularly representative of non-standard French spoken in North America. This paper tries to elaborate a grammatical analysis in order to justify the transcriptions of verb forms in the Dictionnaire des régionalismes de Terre-Neuve. In the sentence “I passait les maisons, [bladʒe] ac le monde”, for instance, [bladʒe] could be interpreted as “blaguait” or “blaguer.” In standard French, the same sentence could be translated as “il allait de porte en porte parler (...) avec les gens” or “il allait de porte en porte, parlait avec les gens.” The omission of the subject pronoun seems to allow the transition toward a unmarked verb form either under a short form, limited to the radical of the verb, without any flexional mark like an imperative form, or a full form, like what Remacle calls “infinitif substitut.” The last stade of this evolution is the nominal phrase, whose use is widely spread in popular French, where it often follows a verb phrase. (shrink)

The beginning of the new realm in philosophical research, which is the oral history of phiosophy, is followed by the consequential set of serious ethical issues. The purpose of this article is to identify moral orientations a historian of philosophy can rely on in oral communication with respondents. The starting point of the analysis is the ethical standards of interviews developed by the Oral History Society. An example to test these standards based on the principle of maximum (...) tolerance is the case of Martin Heidegger. Considering the ambiguity of some outstanding philosophical figures, the main task of the article is to find the line between propagation of the dangerous views of the philosopher and objective philosophical analysis. As a guide to the ethics of interviewing philosophers, I propose the approach suggested by Alain Badieu and Barbara Cassin regarding Heidegger. They claim that a great philosopher can simultaneously be a Nazi and an anti-Semite. I outlined the general feature of interaction with ambiguous personalities in a philosophical interview: (1) the interviewer should not make extreme judgments in advance; (2) We have no right to remove some ambiguous philosophers from discourse, and communication with them is a personal matter of the interviewer. But philosophical community should produce the criteria for exact distinction between the sphere of ethically unacceptable and realm of uncertain. (shrink)

Title III of the Americans with Disabilities Act (ADA) grants people with disabilities access to public accommodations, including the offices of medical providers, equal to that enjoyed by persons without disabilities. The Department of Justice (DOJ) has unequivocally declared that the law requires effective communication between the medical provider and the Deaf patient. Because most medical providers are not fluent in sign language, the DOJ has recognized that effective communication calls for the use of appropriate auxiliary aids, including (...) sign language interpreters. The final decision on what to offer the Deaf patient is the doctor's, and under current DOJ regulations, the doctor does not have to consult with the patient or give "primary consideration" to the patient's choice of auxiliary aid as long as what the doctor offers results in effective communication. However, given the great variation in people's communication styles and skills, a standard, one-size-fits-all auxiliary aid would fail to achieve effective communication in many cases, harming not only that Deaf patient, but also the medical provider, who would be potentially liable for violating the ADA as well as hamstrung in getting accurate information for purposes of diagnosis and treatment. Moreover, most doctors are not savvy about Deafness and Deaf culture. Thus, the best way to ensure effective communication would be to require the medical provider to ask the Deaf patient for his or her choice of auxiliary aid and to give "primary consideration" to the patient's expressed choice of auxiliary aid. Such an approach is required under Title II of the ADA, which makes it mandatory for state and local governments to consult with people with disabilities and give "primary consideration" to the patient's choice of auxiliary aid. Given that there is no difference between a public doctor and a private doctor that would justify the two different approaches and that cost is not a factor, since under either title, a medical provider cannot pass on the costs to the person with a disability, the DOJ should revise its interpretation of Title III in order to bring in into line with its interpretation of Title II. To fail to do so would operate to frustrate both the letter and the spirit of the ADA. Until the DOJ brings the titles into line, the courts should decline to give controlling weight to the DOJ's interpretation of Title III. (shrink)

The development of personal technologies has recently shifted from devices that seek to capture user attention to those that aim to improve user well-being. Digital wellness technologies use the same attractive qualities of other persuasive apps to motivate users towards behaviors that are personally and socially valuable, such as exercise, wealth-management, and meaningful communication. While these aims are certainly an improvement over the market-driven motivations of earlier technologies, they retain their predecessors’ focus on influencing user behavior as (...) a primary metric of success. Digital wellness technologies are still persuasive technologies, and they do not evade concerns over whether their influence on users is ethically justified. In this paper, we describe several ethical frameworks with which to assess the justification of digital wellness technologies’ influence on users. We propose that while some technologies help users to complete tasks and satisfy immediate preferences, other technologies encourage users to reflect on the values underlying their habits and teach them to evaluate their lives’ competing demands. While the former approach to digital wellness technology is not unethical, we propose that the latter approach is more likely to lead to skillful user engagement with technology. (shrink)

Good communication between healthcare providers and patients is vital to effective healthcare. In order to understand patients’ complaints, make accurate diagnoses, obtain informed consent and explain treatment regimens, clinicians must communicate well with their patients. This can be challenging when treating patients from unfamiliar cultural backgrounds, such as the Deaf. Not only are they a linguistic and cultural minority, they are also members of the world’s largest and oft-forgotten minority group: the disability community. Under Article 25 of the United (...) Nations Convention on the Rights of Persons with Disabilities, persons with disabilities have rights to the same range, quality and standard of free or affordable healthcare and programmes as provided to other people. Yet communication barriers and healthcare providers’ lack of familiarity with Deaf culture can impair the quality and accessibility of healthcare for the Deaf. This essay analyses the scope of this issue in Singapore: a state party to the CRPD which has a vibrant Deaf community, and yet no legislative or constitutional guarantees of the rights of persons with disabilities. In addition to exploring the communication barriers faced by Deaf patients in Singapore, this essay highlights ways in which healthcare providers and the state can support community-based initiatives to overcome these barriers. (shrink)

The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially (...) shown that: (1) the non-professional participants used some legal terminology, but the statements without legal terminology were also communicatively effective; (2) the level of activity of non-professional participants related to participation at the trial varied depending on what the activity concerned; the activity in asking questions to the presiding judges regarding legal issues and the course of the court proceedings appeared to be significant; (3) the non-professional participants’ had a real and significant problem with asking questions during the examination (the proper realization of this element of the trial); (4) the statements of the non-professional participants of a trial were very protective; they used many different “linguistic means of protection” (e.g., acts of supposition or acts of doubt) which are connected with the obligation to tell the truth, the prohibition of concealing the truth and giving false testimony during examination; (5) the non-professional participants of a trial reach for adequate argumentative acts, which are suitable for influencing the perception of specific events or persons, and they strengthen their statements by using appropriate linguistic means of persuasion. (shrink)

This essay examines the growing concerns about disciplinary narrowing occurring in agricultural research and the prospects of ameliorating the detrimental effects of disciplinary compartmentalization while capitalizing on its positive effects. The general model for agricultural science is that disciplinary groupings set the logic and standards for research; the disciplinary sciences are set in a hierarchical arrangement which allows communication from the relevant basic sciences through applied research into technology development and use and problem-solving. But agricultural research throughout most (...) of its history has been goal-oriented and, therefore, is subject to ethical judgements of its worth and consequences. Also, strategic aspects of agricultural research have been subject to the evaluations and criticisms of both scientists and critics with differing interests at stake. Goals can change and organizations can be set to enable multidisciplinary and interdisciplinary research, but both goals and organizations come up against values associated with the disciplinary quality of the research, the social setting of academic science, the competition for resources, and the scientific reward system. However, there are changes underway in the agricultural scientific community which may recast the impacts of disciplinary structuring: (1) changes in the disciplinary components of subject areas and departments, (2) evolution and introductions of integrative and systems sciences into the system, (3) infusion of the same new powerful tools into most of the sciences, and (4) increased networking among scientists of different disciplines. Given that scientists' values and personalities intrude in agricultural science and research strategies, the future of agricultural research may rest on the scientists' intellectual vision and philosophical awareness that go beyond the expected disciplinary limits. (shrink)

Those of us engaged in the education of future businesspersons need to ask about the efficacy of our efforts. The business person is, first and foremost, a member of the community, a citizen, attempting to meet the needs of that community by providing goods and services.The general public often perceives the businessperson as violating the ethical standards of the community. Business risks losing its social legitimacy by such activity. Universities are the appropriate institutions in which to inculcate the importance (...) of ethics and should go as far as it can to influence the ethical reasoning of graduates. However, research suggests that the traditional way of integrating ethics education into required functional courses actually results in a decline in moral reasoning. It is suggested that ethics educating needs to be personalized based on the individual student and that there is a need for experiential learning methods which would supplement and enhance standard classroom based ethics education. An appropriate goal for business ethics courses would be to make students aware of the ethical and social dimensions of the business decision making process. (shrink)

BackgroundSleep is a strong predictor of quality of life and has been related to cognitive and behavioral functioning. However, research has shown that most autistic people experience sleep problems throughout their life. The most common sleep problems include sleep onset delay, frequent night-time wakings and shorter total sleep time. Despite the importance of sleep on many domains, it is still unclear from first-hand accounts what helps autistic people to sleep. The purpose of this study is to explore together with autistic (...) adolescents their sleep-related practices before bedtime and during the day which contribute to a good night’s sleep.MethodsFifty-four autistic adolescents collaborated with an academic researcher in a novel adapted photo-elicitation methodology, rooted in a Lifeworld framework. The adolescents were invited to collect and analyze their data. The data were also presented in a community knowledge exchange event.ResultsSeveral self-reported practices that facilitate better nocturnal sleep were identified. Those were organized into two thematics: Evening/bedtime factors and Day time factors. These included practices such as personalized sensory and relaxation tools before bed and during night-time, engaging in a range of physical activities during daytime and accommodating personal time to engage with highly preferred and intense focus activities and hobbies. It also included spending time in predictable and fun ways with family members before bedtime.ConclusionThis is the first time that a study uses a novel methodological approach based on personal accounts elicited by photos rooted in a Lifeworld framework to describe personal sleep-related practices before bedtime and during the day to identify a “good night of sleep” in autistic adolescents. The outcomes from the current study showed that sleep facilitating factors are in a direct contrast to the sleep hygiene recommendations. Therefore, it is thus important for the sleep practitioners and healthcare providers to move beyond providing standardized sleep hygiene interventions. A Lifeworld led care model that pays attention to personal experiences, promotes sense of agency, evaluates both autism-specific strengths and struggles could and should complement biomedical approaches.Lay SummaryThis is the first study to examine autistic adolescents’ self-reported sleep habits and factors which facilitate autistic adolescents’ sleep by employing adapted photo-elicitation interviews. This study is innovative in at least three ways. First, it examines the factors that may facilitate a good night’s sleep through personal accounts of autistic adolescents. Second, this is the first sleep study to adopt a collaborative, flexible approach to understanding positive sleep factors in the lives of autistic adolescents. This study employed a personalized approach into collecting, categorizing, coding, and analyzing qualitative data allowing autistic adolescents and the researcher to work together across key stages of data collection and data analysis. Third, we adopted a theoretical framework that allows us to consider autistic adolescents in both agency and vulnerability positions when it comes to their sleep difficulties. Our results highlight that sleep should be treated individually and in relation to the environmental and personal factors that affect each autistic person. Hence, researchers and professionals may benefit from working collaboratively with autistic adolescents with the aim to identify individual strengths and adopt a positive narrative around sleep. Furthermore, it is important to further examine both the daytime and evening factors that may affect bedtime and the quality and quantity of sleep as well as the role of intense focused interests and physical activities that cultivate positive feelings and help autistic people to relax before bedtime. (shrink)

This paper presents an analysis of argumentation in direct-to-consumer health product ads in Newsweek that brings out special features of the arguments used in the ads, including practical reasoning, chained arguments, enthymemes, and prolepsis. A way to help overcome deficiencies in techniques of tailored health communication in consumer health informatics is shown by using argumentation schemes, argument visualisation tools, and dialogue models to frame these persuasive communication messages. The evidence collected is shown to be useful to allow (...) the health informatics communicator and the person to whom message was directed to interact in a dialogue format where arguments can be put forward by both parties in a way that responds to the previous arguments and questions of the other party. (shrink)

It is often claimed that if technology becomes too intrusive it can be reigned in by better technologies and laws that restrict access. This article argues through a series of propositions and observations why these standard solutions will invariably fall short, and why civility--and the placed communities out of which civility arises--is our best hope against technological assaults on privacy. The article ends with a brief discussion of what sorts of personal and professional commitments a civil culture entails.

A twofold threat hangs over freedom of communication. In rich countries globalization is leading to standardization of thought via national and international bodies. In the cultural as well as the scientific field, especially the human sciences, diversity is needed for reasons of both survival and democracy. Efficiency and productivity imperatives are sacrificing human diversity for economically cost-effective goals. For instance, in the communication field the merging of publishing functions in all media is an obstacle to the free circulation (...) of ideas because it is channelled into the marketing and sales area. In the countries of the southern hemisphere the absence of media makes communication inaccessible for the majority of citizens. So the lack of ideas comes on top of other shortages of basic needs, health care, food, housing … The globalization of trade increases the illusion of a communication which is now accessible to all. But exclusion is increasing because people cannot access knowledge and culture. In fact, in the North as well as the South, the opportunity for everyone to communicate their thinking - their research, their cultural or artistic creations, to communicate a personal experience - is dwindling at the same time as technical progress appears in fact to offer us all the means to express ourselves and have a chance of being heard. The corollary of the creeping globalization of exchanges is that a growing proportion of our contemporaries are put in the position of silent receivers. Indeed the more powerful the media employed, the more those they address become voiceless and passive. Paradoxically, the explosion in communication technology is creating a greater gulf between the well-off and the underprivileged, confining the first in ‘single line of thought’ and excluding the second from any participation in the dialogue. There is no freedom of thought in a world where only one channel exists, even though it communicates that thought in infinitely varied ways. The consumerist consensus never expresses democratic aspirations, but the self-satisfied stupidity of their apathy. (shrink)