The study of insight in problem solving and creative thinking has seen an upsurge of interest in the last 30 years. Current theorising concerning insight has taken one of two tacks. The special-process view, which grew out of the Gestalt psychologists’ theorising about insight, proposes that insight is the result of a dedicated set of processes that is activated by the individual's reaching impasse while trying to deal with a problematic situation. In contrast, the business-as-usual view argues that insight is (...) brought about by the same processes that underlie ordinary thinking . Although those two views are typically treated as being in opposition, it has recently been proposed that a complete understanding of insight will require bringing together aspects of both views. The present paper carries that proposal further. Critical analysis of those two viewpoints demonstrates that each has a positive contribution to make to our understanding of insight, but also is.. (shrink)

George P. Fletcher, With Justice for Some: Victims? Rights in Criminal Trials Reading, MA: Addison?Wesley Publishing Co., 1995, xi + 304 pp.

The target article examines the role of practice in the development of excellence in several domains that vary in the degree of innovation involved. The authors do not differentiate domains, but they discuss the development of specifically creative skills only in passing. This commentary presents evidence that practice plays a role in the development of musical composition, through an examination of the careers of Mozart and the Beatles.

It has long been recognized that court trials, both criminal and civil, in the common law system, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under (...) the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment. (shrink)

A central thesis of this paper is that understanding the nature of child maltreatment is so complex that no one disciplinary specialty is likely to be sufficient for the task. Although life history theory is the guiding principle for our analysis, we argue that an evolutionary explanation adds precision by incorporating empirical findings originating from the fields of anthropology; clinical, developmental, and social psychology; and sociology. Although evolutionary accounts of child maltreatment have been largely limited to the role of the (...) coefficient of relatedness, the prospective reproductive value of a child, and the residual reproductive potential of parents, a case is made for expanding this basic application. An explanatory model is presented that describes how ecological conditions as well as parental and child traits interact to influence the degree of parental investment. As shown in the model, these various “marker variables” alter parental perceptions of the benefits and costs associated with child care and promote low-investment parenting, which leads to disrupted family management practices and to a downward-spiraling, self-perpetuating system of coercive family interaction, increased parental rejection of the child, and even lower parental investment. Child maltreatment is the ultimate outcome of this downward trajectory of family relations. (shrink)

How do teachers learn about what learners already know? How do learners aid teachers by providing them with information about their background knowledge and what they find confusing? We formalize this collaborative reasoning process using a hierarchical Bayesian model of pedagogy. We then evaluate this model in two online behavioral experiments (N = 312 adults). In Experiment 1, we show that teachers select examples that account for learners' background knowledge, and adjust their examples based on learners' feedback. In Experiment 2, (...) we show that learners strategically provide more feedback when teachers' examples deviate from their background knowledge. These findings provide a foundation for extending computational accounts of pedagogy to richer interactive settings. (shrink)

Spanish verbs display two past-tense forms, the pret´rito and the imperfecto. We offer an account of the semantics of these forms within a situation semantics, addressing a number of theoretically interesting questions about how to realize a semantics for tense and events in that type of framework. We argue that each of these forms is unambiguous, and that the apparent variety of readings attested for them derives from interaction with other factors in the course of interpretation. The meaning of the (...) imperfecto is constrained to always reflect atelic aktionsart. In addition, it contains a modal element, and a contextually-given accessibility relation over situations constrains the interpretation of the modal in ways that give rise to all the attested readings. The pret´rito is indeterminate with respect to aktionsart, neither telic nor atelic. One or the other aktionsart may be forced by other factors in the clause in which the pret´rito occurs, as well as by pragmatic contrast with the possibility of using the imperfecto. (shrink)

This commentary is a critical appraisal of Gil-Pérez et al.'s (2002) conceptualization of constructivism. It is argued that the following aspects of their presentation are problematic: (a) Although the role of controversy is recognized, the authors implicitly subscribe to a Kuhnian perspective of `normal' science; (b) Authors fail to recognize the importance of von Glasersfeld's contribution to the understanding of constructivism in science education; (c) The fact that it is not possible to implement a constructivist pedagogy without a constructivist epistemology (...) has been ignored; and (d) Failure to recognize that the metaphor of the `student as a developing scientist' facilitates teaching strategies as students are confronted with alternative/rival/conflicting ideas. Finally, we have shown that constructivism in science education is going through a process of continual critical appraisals. (shrink)

Why were luminaries of European philosophy like Bergson, Cassirer, Heidegger, Husserl, Merleau-Ponty, Kierkegaard, Nietzsche, Camus and Sartre, even Marx systematically excluded from the North Atlantic canon of metaphysics, epistemology, and ethics. Why did Anglo-American university philosophy departments for the most part lump together the philosophical schools to which many of these thinkers belonged --Phenomenology, Existentialism, Structuralism, Constructivism, Deconstruction, and Postmodernism -- as Continental Philosophy. All were then dismissed as belonging more in literature and psychology departments than philosophy proper. That same (...) worldview categorized Americans Emerson and Thoreau as well as Spaniards Ortega y Gassett and Unamuno (along with Montaigne and Isaiah Berlin) as essayists, not philosophers. French Existentialists Sartre and Camus? They clearly belonged in the literature departments (just ask the Nobel committee!). Freud’s theory of the superego? Excluded from epistemology and relegated to the psychology department to keep company with Koehler’s Gestalt Psychology and Husserl’s Phenomenology. Most likely because his reductionism bottomed out at the scale of transactions on material production, Karl Marx too was shunted into the political science and economics departments, where Marcuse, Lacan, Gramsci, and Althusser would keep him company a few years later. Comte’s ideas were safely ensconced in a new discipline, sociology, with an even newer subdiscipline, sociology of science, carved out a few years later for Robert Merton and Bruno Latour. More recently, the rest of the philosophical lot (Derrida, Deleuze and Guattari, and Foucault, to name the most prominent) were likewise dismissed along with Whitehead’s Process philosophy, and for the same reason: they were thought to belong more to psychology or sociology than philosophy proper Why? The monograph argues that the dismissals can be explained in terms of a generalized rejection of relations of interdependence and the context-dependent constraints that generate such mutualism. (shrink)

Since its inception in 2010, the Network for Public Health Law has aligned with federal, state, tribal, and local public health practitioners to assess how law can promote and protect the public’s health. In 2013, Network authors illustrated major trends in public health laws and policies emanating from an internal assessment of thousands of requests for technical assistance nationally. More recently, the Robert Wood Johnson Foundation has invited the Network and other partners to consider new ideas and strategies toward building (...) a “culture of health.” Per Figure 1, RWJF’s conception of a culture of health emphasizes key action areas essential to the promotion of health across all sectors and diverse populations. (shrink)

dimension is actually “the typical.”[i] There would seem to be little typical about a world of comatose women, a barely sane, largely delusional male nurse, a woman bullfighter, and a rape that leads to a “rebirth” in a number of senses. But comatose women, the central figures in Almodóvar’s Talk to Her, are, oddly, very familiar in that mythological genre closest to us: fairy tales. Both Snow White and Sleeping Beauty are comatose women who endure, “non-consensually” we must say, a (...) male kiss, male sexual attention. (Siegfried’s awakening kiss of Brunnhilde in the extraordinary third act of Siegfried should also be mentioned.)[ii] Someone apparently must manifest some act of faith, must believe that these corpse-like women are not dead, and believe it strongly enough to kiss them. Then there is a kind of inversion of these fairy tales in Kleist’s story and Roehmer’s film, “Die Marquise von O.” Here the kiss is actually a rape, but the rapist again emerges as some sort of Prince Charming after all (he had originally saved the Marquise from rape by a group of Russian soldiers), and there are echoes of that somewhat disturbing notion of reconciliation as well in the Almodóvar film. (Alicia, after all, does awaken.) In the Kleist story, a woman must place an ad in a newspaper asking her unknown rapist (she was drugged and asleep) and the father of her unborn child to come forward. He does eventually and the story ends with their marriage and with one of the most enigmatic lines in all of literature, as enigmatic, I think, as our complex reactions to Benigno’s act: the Marquise says that she would not have thought her new husband a devil if he had not first appeared as an angel, as if one person can be both devil and angel, that, to the extent that one can be an angel, to that extent he also can be a devil. (shrink)

This is my reply to Josh Weisberg, Robert Van Gulick, and William Seager, published in JCS vol 20, 2013. This symposium grew out of an author-meets-critics session at the Central APA conference in 2013 on my 2012 book THE CONSCIOUSNESS PARADOX (MIT Press). Topics covered include higher-order thought (HOT) theory, my own "wide intrinsicality view," the problem of misrepresentation, targetless HOTs, conceptualism, introspection, and the transitivity principle.

Exponents and critics of semantic presupposition have almost invariably based their discussion on the ('Standard') definition of presupposition implied by Frege and Strawson. In this study Noel Burton-Roberts argues convincingly against this definition, that leads it to a three-valued semantics. He presents a very simple semantic definition which is weaker, more general and leads to a semantics more easily interpreted as two-valued with gaps. The author shows that a wide range of intuitive facts that eluded the Standard definition follow (...) directly from this ('Revised') definition itself: facts about the presuppositions of compound sentences and modal sentences, about presuppositional conflict and about differences in the logical status of simple sentences suffering from presupposition failure. The book includes a detailed argument that an ambiguity of natural language negation, generally assumed to be necessary to the defence of semantic presupposition, is neither possible nor necessary in a presuppositional semantics. Noel Burton-Roberts has made an authoritative contribution to a debate which has involved philosophers and linguists for many years. His command of the issues, his clarity of exposition and his theoretical insight may well serve to change the boundaries of that debate. (shrink)

In this paper, I offer an intellectual-historical reading of Foucault’s unpublished master’s thesis. In contrast with other recent scholarship on the pre-1961 period of Foucault’s career, the purpose of this paper is to grapple with the philosophical content of this thesis on its own terms, distinguishing it as far as possible from his mature work. This allows forgotten concepts to re-emerge in the course of reading the text and for a novel engagement with such neglected facets of Foucault’s oeuvre. Indeed, (...) the key concept which I argue emerges from Foucault’s early thesis is that of language as the être-la of thought. By closely following Foucault’s Husserlian reading of Hegel, and his response to Eugen Fink’s paradoxes of phenomenology, it is possible to see how Foucault briefly lands upon a novel kind of scepticism about the reality of history and minds. In the same way, I will also show why Foucault was unable to fully develop or commit to these sceptical positions during this part of his career. The article concludes by briefly suggesting contrasts between my reading of this early text and the way Foucault’s oeuvre is more generally understood. (shrink)

This thesis is an investigation of the question of the probative force of the syllogism. It examines on what the probative force of propositions constituting an argument depends and some of the cases in which the conclusion of a syllogism is and is not proven by the premises. The investigation begins by looking at certain preliminary notions associated with arguments in general and categorical syllogisms in particular. In each categorical syllogism are found two claims. One is the claim to truth (...) made by each proposition, and another is the claim to validity made by the syllogism. When each of these claims are fulfilled the syllogism is then sound. The question is whether or not every sound syllogism also represents a proof of the conclusion. John Stuart Mill asserted that no deductive argument including the syllogism can be a proof of the truth of the conclusion on the grounds that the premises presuppose the conclusion. In fact each syllogism is an example of the fallacy of petitio principii which it must by its very nature commit. Alexander Pfänder instead claimed that only in certain cases is the conclusion not proven by the premises, while in other cases the truth of the conclusion is actually proven by the truth of the premises. An independent investigation of the question of the probative force of the syllogism is made. Because of a crucial difference between propositions affirming contingent states of fact and essentially necessary propositions affirming necessary states of fact, it is shown that no syllogism containing contingent propositions can be a proof, while a proof is present in the case of a syllogism containing essentially necessary propositions. When the propositions of an argument are contingent their truth follows from the fact each particular existing instance they refer to actually has what is affirmed by the proposition. Therefore, if the syllogism is valid, the conclusion will refer to at least some of the same particular existing instances on which the truth of each of the premises depends. The premises can be true only if the conclusion is true, and any uncertainty about the truth of the conclusion extends also to the premises. The premises cannot prove the truth of the conclusion since their truth presupposes the truth of the conclusion. Propositions which are essentially necessary are true regardless of whether or not any particular instance exists or will ever exist. Because the state of fact is essentially necessary, the predicate is intelligibly grounded necessarily in the subject. If these kinds of propositions are found in a syllogism, their truth will not depend on the truth of a conclusion. Essentially necessary propositions have probative force, and their presence in a valid argument results in an actual proof of the conclusion. (shrink)

Life, on a day to day basis, is a sequence of emotional states: hope, disappointment, irritation, anger, affection, envy, pride, embarrassment, joy, sadness and many more. We know intuitively that these states express deep things about our character and our view of the world. But what are emotions and why are they so important to us? In one of the most extensive investigations of the emotions ever published, Robert Roberts develops a novel conception of what emotions are and then (...) applies it to a large range of types of emotion and related phenomena. In so doing he lays the foundations for a deeper understanding of our evaluative judgments, our actions, our personal relationships and our fundamental well-being. Aimed principally at philosophers and psychologists, this book will certainly be accessible to readers in other disciplines such as religion and anthropology. (shrink)

A critical analysis of theories of commercial impossibility and frustration of purpose is best undertaken in conjunction with a theoretical analysis of contract in general. Contracts function as a means of transferring social benefit, which can be subcategorised into subjective and objective benefit. Contracts also regulate the transfer or risk, which is inherent in property and hence any contractual relationship. In the light of the transfer of subjective and objective benefit and risk, contracts can be shown to be by definition (...) ex ante Pareto superior for both parties. Frustration of purpose or commercial impossibility is pleaded where the ex post overall benefit differs greatly from the ex ante expected value. This difference results from the manifestation of a risk which one party bears under the terms of the original contractual risk/benefit equilibrium. Considering the various subjective and objective risks and benefits involved in the contract, it is possible to classify frustrating eventualities under eight heads. In at least six cases the importance of the principle of security of exchange clearly precludes the operation of frustration. One of the remaining cases corresponds with the controversial Krell v Henry; there appears to be a temptation to regard frustration as the most socially utilitarian solution. Given however the dynamics of contractual risk and benefit, allowing frustration there would be unworkable because it would entail placing a subjective risk burden on the party which is in a worse position to evaluate it. There should be no place in the law for a doctrine of frustration of contract on the grounds of commercial impossibility orchanged circumstances. (shrink)

1 INTRODUCTION Above the other titles he might justly have claimed, Charles S. Peirce prized the title 'logician'. He expressed in several places his ...

In recent years, policymakers, academics, and practitioners have increasingly called for the development of global governance mechanisms for artificial intelligence (AI). This paper considers the prospects for these calls in light of two other geopolitical trends: digital sovereignty and digital expansionism. While calls for global AI governance promote the surrender of some state sovereignty over AI, digital sovereignty and expansionism seek to secure greater state control over digital technologies. To demystify the tensions between these trends and their potential consequences, we (...) undertake a case analysis of digital sovereignty and digital expansionism in China, the European Union, and the United States. We argue that the extraterritoriality embedded in these three actors’ policies and escalatory competitive narratives, particularly those from the US, will likely undermine substantive global AI governance cooperation. However, nascent areas of alignment or compromise, notably in data governance and technical standards, could prove fruitful starting points for building trust in multilateral fora, such as the G20 or United Nations. (shrink)

The COVID-19 pandemic brought unprecedented changes to daily life and in the first wave in the UK, it led to a societal shutdown including playing sport and concern was placed for the mental health of athletes. Identifying mood states experienced in lockdown and self-regulating strategies is useful for the development of interventions to help mood management. Whilst this can be done on a general level, examination of sport-specific effects and the experience of athletes and coaches can help develop interventions grounded (...) in real world experiences. The present study investigated perceived differences in mood states of boxers before and during COVID-19 isolation in the first lockdown among boxers. Boxing is an individual and high-contact sport where training tends to form a key aspect of their identity. Boxers develop close relationships with their coach and boxing. Hence boxers were vulnerable to experiencing negative mood, and support via the coach was potentially unavailable. Participants were 58 experienced participants. Boxers completed the Brunel Mood Scale to assess mood before COVID-19 using a retrospective approach and during COVID-19 using a “right now” time frame. Boxers responded to open-ended questions to capture mood regulation strategies used. Coaches responded to open ended questions to capture how they helped regulate boxer’s mood. MANOVA results indicated a large significant increase in the intensity of unpleasant moods and reduction in vigor during COVID-19. Using Lane and Terry conceptual framework, results showed participants reporting depressed mood also reported an extremely negative mood profile as hypothesized. Qualitative data indicated that effective mood-regulation strategies used included maintaining close coach-athlete contact and helping create a sense of making progress in training. When seen collectively, findings illustrate that mood state responses to COVID-19 were severe. It is suggested that that active self-regulation and self-care should be a feature of training programmes to aid coaches and boxers in regulating mood when faced with severe situational changes. (shrink)

The premise of this paper is that an adequate model of consciousness will be able to account for the fundamental duality in experience typified by thought and feeling, objectivity and subjectivity, science and art, and that it will do so without any of these terms assimilating its counterpart. The paper argues that such an account is possible using existing models of the cell assembly, but only if consciousness is conceived in structural rather than information processing terms. To this end, the (...) paper contests the viability of information processing models that identify consciousness with a substrate-independent flow of information, and instead identifies consciousness with the physical structure of the cell assembly itself. This allows a fuller and more parsimonious account of consciousness than existing information processing models, as well as the integration of a range of key related matters from the fields of neuroanatomy, psychology, philosophy, and the physical sciences. (shrink)

This paper describes the research carried out into small and medium enterprises (SMEs) and corporate responsibility (CR) in the Northwest of England during Phase I of Responsibility Northwest, a partnership programme designed to significantly increase the CR of the region. By engaging with significant numbers of SMEs and SME support providers across the region, key insights were gained in three key areas: • The current attitudes to, understanding of, and management of CR issues in the SME sector.• The barriers to (...) greater implementation of CR management.• The opportunities for overcoming the barriers and improving regional CR. The research revealed a large diversity both in terms of understanding of the issues and their management. Seven key barriers to improve CR performance were identified which centred round the inappropriateness and inaccessibility of current CR approaches and support services on CR, certain characteristics of SMEs which tend to reduce their interest and opportunities for engaging in CR activities and supply-chain barriers. Fortunately there was significant agreement on the mechanisms which should be used to overcome these barriers, in particular the importance of delivering CR support through existing business networks that are valued and trusted by SMEs. These results have been used to create the partnership programme, Responsibility Northwest Phase II that runs until 2008 and aims to significantly increase the overall CR of Northwest England. (shrink)

Expressions of gratitude abound. Hardly a book is published that does not include in its preface or acknowledgments some variation on, “I am grateful to…for…” Indeed, most achievements come to be only through the help of others. We value the benevolence of others, and when we—or our loved ones—are the recipients of benevolence, our emotional response is often one of gratitude. -/- But, are we bound to the requirement of ‘repaying’ our benefactors in some way? If we are, and there (...) are—as ordinary language suggests—debts of gratitude, what kind of debts are these? Does the appropriateness of my gratitude require that my benefactor in fact intended to benefit me (in just the way she did)? Is there a difference between feeling grateful and being grateful? Is a precondition of my being grateful to another that I respect her? Do we owe a special sort of gratitude to those who have shaped us into the persons we are? What are the psychological and normative relations between gratitude the emotion, and gratitude the virtue? -/- These are among the questions carefully addressed in The Moral Psychology of Gratitude. This volume provides readers with the state-of-the-art in research on gratitude. It does so in the form of sixteen never-before published articles on the emotion by leading voices in philosophy and the sciences of the mind. (shrink)

Random-excitation granule cells are likely to overwhelm spatiotemporal sequences described as in Braitenberg et al.'s target article. A mechanism is proposed involving the Golgi cells to reinforce tidal waves against noise. The recurrent inhibition by the Golgi calls can recruit random excitations of granule cells in phase with sequences of mossy fiber input.

Withholding or withdrawing life-saving ventilators can become necessary when resources are insufficient. In the USA, such rationing has unique social justice dimensions. Structural elements of dominant allocation frameworks simultaneously advantage white communities, and disadvantage Black communities—who already experience a disproportionate burden of COVID-19-related job losses, hospitalisations and mortality. Using the example of New Jersey’s Crisis Standard of Care policy, we describe how dominant rationing guidance compounds for many Black patients prior unfair structural disadvantage, chiefly due to the way creatinine and (...) life expectancy are typically considered.We outline six possible policy options towards a more just approach: improving diversity in decision processes, adjusting creatinine scores, replacing creatinine, dropping creatinine, finding alternative measures, adding equity weights and rejecting the dominant model altogether. We also contrast these options with making no changes, which is not a neutral default, but in separate need of justification, despite a prominent claim that it is simply based on ‘objective medical knowledge’. In the regrettable absence of fair federal guidance, hospital and state-level policymakers should reflect on which of these, or further options, seem feasible and justifiable.Irrespective of which approach is taken, all guidance should be supplemented with a monitoring and reporting requirement on possible disparate impacts. The hope that we will be able to continue to avoid rationing ventilators must not stand in the way of revising guidance in a way that better promotes health equity and racial justice, both to be prepared, and given the significant expressive value of ventilator guidance. (shrink)

Verbal protocol methodology is used to examine how fourth-grade students construct meaning as they read and respond to two informational social studies texts. Results indicate most students are active readers, often engaging in higher-level comprehension strategies and critical thinking as they read independently. However, critical thinking and comprehension processes are not often captured in their responses to end-of-reading questions (ERQ), which as a result have limited scope and utility for guiding social studies instruction. Results also indicate that when students change (...) their patterns of strategy use for reading and responding to text in response to a change in text, they are more successful on the ERQ than when their strategy use remains stagnant. (shrink)

I argue that it is possible for a subject to undergo experiences of emotional absence, during which she becomes aware of her own failure to be moved by the world around her. Just as a part of one's body feels numb when it manifestly fails to incur the ordinary sensory consequences of transactions at the surface of the skin, so an individual feels emotional absence when her affective condition manifestly fails to vary in predictable ways as she navigates her surroundings. (...) Experiences of emotional absence, such as feeling numb with shock or grief, feeling unamused, or feeling fearless, are not simply flat or neutral states of awareness, but can bear psychological and epistemic significance for the agent. (shrink)

The non-identity problem is really a collection of problems having distinct logical features. For that reason, non-identity problems can be typed. This article focuses on just one type of non-identity problem, the problem, which includes Derek Parfit's depletion example and many others. The can't-expect-better problem uses an assessment about the low probability of any particular person's coming into existence to reason that an earlier wrong act does not harm that person. This article argues that that line of reasoning is unusually (...) treacherous in that it makes not just one hard-to-detect error in what is done with the relevant probability assessments but rather alternates between two. We sort out one fallacy only to fall, against all odds (as it were), into a second. By avoiding both errors, we become able to discern harm in cases in which the can't-expect-better problem argues there is none. We will then be in a position to set aside the can't-expect-better problem as an objection against the person-based intuition that acts that are must be at least some existing or future person. (shrink)