Criminal jurisdiction; international criminal courts.

Riassunto: Lo statuto della psicologia come scienza speciale è l’oggetto del dibattito pluridecennale intercorso tra Jerry Fodor e Jaegwon Kim. La questione epistemologica delle leggi delle scienze cognitive si intreccia inestricabilmente con riflessioni di tipo metafisico sul dilemma mente-corpo: se Fodor ammette la validità delle leggi psicologiche, considerate irriducibili alle leggi della fisica, il fisicalismo riduzionista di Kim esclude invece tale possibilità. Così, il dialogo tra i due paradigmi funzionalisti delinea una serie di snodi problematici relativi sia allo status delle (...) proprietà mentali, come alla possibilità di una scienza che possa aprirsi alla inter-specificità, o alla trasversalità delle strutture di implementazione. Centrale, nel dibattito, è la nozione di realizzabilità multipla: tale argomento, che viene addotto a sostegno di un certo grado di autonomia del mentale, viene da Kim giudicato, invece, essenzialmente aporetico. Parole chiave: Filosofia della mente; Scienze cognitive; Realizzabilità multipla; Funzionalismo; Fisicalismo riduzionista Fodor, Kim and the autonomy of cognitive sciences: The status of psychology as a special science is the main topic of the debate between two of the most important philosophers of mind in our times: Jerry Fodor and Jaegwon Kim. The epistemology of psychological laws is inextricably intertwined with the metaphysical quarrel over the mind-body problem. Fodor argues for the validity of psychological laws and their irreducibility to physical ones, whereas Kim’s reductive physicalism rules out their validity. Therefore, the dialogue between these two functionalist paradigms covers a range of open questions concerning the status of mental properties within a physicalist framework, as well as questions concerning the possibility of cross-species cognitive sciences. The notion of multiple realization is a pivotal point in this debate: it should indicate that the mind enjoys a certain degree of autonomy, yet Kim judges it to be aporetic in nature. Keywords: Philosophy of Mind; Cognitive Sciences; Multiple Realization; Functionalism; Reductive Physicalism. (shrink)

This paper discusses two perspectives, each of which recognises the importance of environmental resources in enhancing and amplifying our cognitive capacity. One is the Clark–Chalmers model, extended further by Clark and others. The other derives from niche construction models of evolution, models which emphasise the role of active agency in enhancing the adaptive fit between agent and world. In the human case, much niche construction is epistemic: making cognitive tools and assembling other informational resources that support and scaffold intelligent action. (...) I shall argue that extended mind cases are limiting cases of environmental scaffolding, and while the extended mind picture is not false, the niche construction model is a more helpful framework for understanding human action. (shrink)

A common picture of evolution by natural selection sees it as a process through which organisms change so that they become better adapted to their environment. However, agents do not merely respond to the challenges their environments pose. They modify their environments, filtering and transforming the action of the environment on their bodies A beaver, in making a dam, engineers a stream, increasing both the size of its safe refuge and reducing its seasonal variability. Beavers, like many other animals, are (...) ecological engineers. They act to modify the physical challenges posed by their environment. Nests, burrows and other shelters reduce the impacts of adverse weather and of other agents. Animal also modify their exposure to biological risks. Hygienic behaviour reduces the impact of disease. Intensive grooming; moving to new roosts; using a. (shrink)

This paper offers a critique of the view that causation can be analyzed in terms of explanation. In particular, the following points are argued: a genuine explanatory analysis of causation must make use of a fully epistemological-psychological notion of explanation; it is unlikely that the relatively clear-cut structure of the causal relation can be captured by the relatively unstructured relation of explanation; the explanatory relation does not always parallel the direction of causation; certain difficulties arise for any attempt to construct (...) a nonrelativistic relation of causation from the essentially relativistic relation of explanation; and to analyze causation as explanation is to embrace a form of “causal idealism”, the view that causal connections are not among the objective features of the world. The paper closes with a brief discussion of the contrast between the two fundamentally opposed viewpoints about causality, namely causal idealism and causal realism. (shrink)

This study reports the results of a study of Swedish psychiatrists’ responses to moral statements related to decision making in the psychiatric context. Use was made of the Moral Sensitivity Questionnaire, a modified instrument previously constructed from a theory of moral sensitivity. This Likert-type scale contains 30 items constructed from the following categories: interpersonal orientation, structuring moral meaning, benevolence, modifying autonomy, experiencing moral conflict, and trust in medical knowledge and principles of care. The purpose was to identify possible differences in (...) responses rather than to evaluate right or wrong responses. The analysis is based on 754 completed questionnaires. The results of the study showed some significant differences in the item and category levels; for example, male psychiatrists experienced more conflicts than female psychiatrists and agreed to a greater extent that medical knowledge was most important in deciding what was best for the patient. The results also showed that more female than male psychiatrists thought that the relationship with the patient was most important in psychiatric practice. (shrink)

A queer crip embodied experience of limping is the point of departure for my reflections on the differences between a crip phenomenology and a phenomenology of disability. I argue that a crip phenomenology can further understanding of how ableism and heternormativity work together, along with other structures of violence, to shape experiences at the edges of ability and disability, and, indeed, the possibility of queer crip movement in and through worlds.

The standard view of the function of reason is that it emerged to enable individuals to make better judgements and choices. Once individuals could think better, and once we had suitable communicative tools, individual reasoning acquired a public face; we reasoned together as well as privately, in our own mind. Hugo Mercier and Dan Sperber argue that this gets the story the wrong way around: reasoning evolved for public purposes: to persuade, negotiate, assess. Once it was established publically, perhaps it (...) acquired a private function too. With the exception of a few minor complaints, this evolutionary case is well made. However, Mercier and Sperber embed their evolutionary case within a modular view of the mind and suggest a modular view of public reasoning itself. While I find the evolutionary case persuasive, I am sceptical of the cognitive science framework. (shrink)

This paper responds to Birch and Buskell's thoughtful critique. In it, I defend my use of behavioural ecology. I argue, contra Birch and Buskell, that I can give a principled defence of the emergence of conventions for respecting property, modelling as a network of pairwise iterated PDs between incipient farmers. Second, I defend my scepticism about the power of cultural group selection to optimise community normative packages. Finally, I located my views, as requested, against those of The dawn of everything. (...) I argue that the more complex “original position” envisaged in Dawn depends on special conditions rarely found on Pleistocene Africa. (shrink)

The psychoanalytical case history was in many ways the pivot point of John Forrester’s reflections on case-based reasoning. Yet the Freudian case is not without its own textual forebears. This article closely analyses texts from two earlier case-writing traditions in order to elucidate some of the negotiations by which the case history as a textual form came to articulate the mode of reasoning that we now call ‘thinking in cases’. It reads Eugène Azam’s 1876 observation of Félida X and her (...) ‘double personality’—the case that brought both Azam and Félida to prominence in late 19th-century French science—against a medico-surgical case penned by the Bordeaux physician in the same decade. While the stylistics of Azam’s medical case mirror its epistemic underpinnings in the ‘vertical’ logics of positivist science, the multiple narratives interwoven in Félida’s case grant both Azam and his patient the role of knowledge-making actors in the text. This narrative transformation chimes with the way Azam reasons ‘horizontally’ from particulars to Félida’s singular condition, but sits in tension with his choice to structure the observation along a ‘vertical’ axis. Between the two, we glimpse the emergence of the psychological observation as a mode of writing and thus of thinking in cases. (shrink)

While it is well known that Zhuangzi uses metaphor extensively, there is much less appreciation of the role that it plays in his thought-a topic that is investigated in this essay. At the same time, this investigation is closely concerned with questions about the nature of metaphor. Comparisons are made between a central metaphorical structure in the Zhuangzi on the one hand and contemporary views of the nature of metaphor by Donald Davidson and by Lakoff and Johnson on the other. (...) It is hoped that these comparisons will help to illuminate the central metaphorical structure and its role in the philosophy of the Zhuangzi. (shrink)

I claim that the balance of nature metaphoris shorthand for a paradigmatic view of natureas a beneficent force. I trace the historicalorigins of this concept and demonstrate that itoperates today in the discipline of populationecology. Although it might be suspected thatthis metaphor is a pre-theoretic description ofthe more precisely defined notion ofequilibrium, I demonstrate that balance ofnature has constricted the meaning ofmathematical equilibrium in population ecology.As well as influencing the meaning ofequilibrium, the metaphor has also loaded themathematical term with values.Environmentalists (...) and critics use thisconflation of meaning and value to theiradvantage. This interplay between the balanceof nature and equilibrium fits aninteractionist interpretation of the role ofmetaphor in science. However, it seems theinteraction is asymmetric, and the balance ofnature metaphor has had a larger influence onmathematical equilibrium than vice versa. Thisdisproportionate influence suggests that themetaphor was and continues to be a constitutivepart of ecological theories. (shrink)

We present an analysis of counterfactuals in terms of stories and combine it with an account similar to Walton’s account of truth in fiction to yield truth conditions for counterfactuals. We discuss unusual features of this account, and compare it to other main approaches. In particular, we argue that our analysis succeeds in accounting for counterpossibles and counterfactuals with true antecedents while the other two main approaches fail, and we give reasons for thinking that it is important to have an (...) adequate account of these two areas. (shrink)

This study examines the dimensional consequences of having positive prior corporate associations and negative prior corporate associations in times of product-harm crisis by applying two dimensions of corporate associations. The findings indicate that the disadvantages of having negative prior corporate ability associations are bigger than having negative corporate social responsibility associations in times of product-harm crisis, whereas the advantages of having positive prior CSR associations are bigger than having positive CA associations. This study also provides directions for how to manage (...) reputational strengths and weaknesses prior to a crisis as part of reputation and crisis management. (shrink)

Helen Steward argues that action is the exercise of a two-way power, and that if there are actions, then determinism is false. The concept of a two-way power has its roots in Aristotle, but Aristotle’s conception of a two-way power is compatible with determinism. I explain the differences between Steward and Aristotle’s conceptions of two-way powers and point out how a compatibilist opponent to Steward’s argument could exploit an Aristotelian conception of two-way powers. This leads to a dialectical stalemate between (...) the imagined Two-Way Compatibilist and the Agency Incompatibilist. In conclusion I sketch a neutral conception of action as the exercise of a two-way power that sidesteps the dialectical stalemate whilst retaining the best aspects of Steward’s account of animal agency. (shrink)

Although contemporary Confucianists tend to view Western liberalism as pitting the individual against society, recent liberal scholarship has vigorously claimed that liberal polity is indeed grounded in the self-transformation that produces “liberal virtues.” To meet this challenge, this essay presents a sophisticated Confucian critique of liberalism by arguing that there is an appreciable contrast between liberal and Confucian self-transformation and between liberal and Confucian virtues. By contrasting Locke and Confucius, key representatives of each tradition, this essay shows that both liberalism (...) and Confucianism aim to reconstruct a society freed from antisocial passions entailing a vicious politics of resentment, and yet come to differing ethical and political resolutions. My key claim is that what makes Confucian self-cultivation so distinctive is the incorporation of ritual propriety ( li ) within it, whereas liberal self-transformation that relies heavily on a method of self-control comes back to the problem that it originally set out to overcome. (shrink)

: While it is well known that Zhuangzi uses metaphor extensively, there is much less appreciation of the role that it plays in his thought—a topic that is investigated in this essay. At the same time, this investigation is closely concerned with questions about the nature of metaphor. Comparisons are made between a central metaphorical structure in the Zhuangzi on the one hand and contemporary views of the nature of metaphor by Donald Davidson and by Lakoff and Johnson on the (...) other. It is hoped that these comparisons will help to illuminate the central metaphorical structure and its role in the philosophy of the Zhuangzi. (shrink)

Is 'development' a concept that properly belongs to mind and morality and, if it does, what account can we give of moral development now that Piagetian and Kohlbergian models are increasingly being abandoned in developmental psychology? In addressing this central issue, it is hoped that the paper will contribute to the quest for a new integrated model of moral functioning, called for in the September 2008 Special Issue of the Journal of Moral Education (37[3]). Our paper argues that the notion (...) of moral development is fully justified, though it does not occur via invariant stages. Rather, each child is an emergent self-organising organism in which development is highly variable, dynamic and often non-linear. By viewing each child as a self-organising being and adopting the notion that moral development is dynamic and emergent from the predilection to value, the paper points towards a new account of moral development that opens up new avenues for educational research and moral education in schools. (shrink)

Disability, like questions of race, gender, and class, is one of the most provocative topics among theorists and philosophers today. This volume, situated at the intersection of feminist theory and disability studies, addresses questions about the nature of embodiment, the meaning of disability, the impact of public policy on those who have been labeled disabled, and how we define the norms of mental and physical ability. The essays here bridge the gap between theory and activism by illuminating structures of power (...) and showing how historical and cultural perceptions of the human body have been informed by and contributed to the oppression of women and disabled people. (shrink)

In this article, I explore an alternative model of Confucian distributive justice, namely the ‘family model’, by challenging the central claim of recent sufficientarian justifications of Confucian justice offered by Confucian political theorists – roughly, that inequalities of wealth and income beyond the threshold of sufficiency do not matter if they reflect different merits. I argue (1) that the telos of Confucian virtue politics – moral self-cultivation and fiduciary society – puts significant moral and institutional constraints on inequality even if (...) it meets the threshold of sufficiency and largely results from differing individual merits; (2) that the Confucian moral ideal of the family state establishes and gives justification to the ‘family model’ of distributive justice that shifts the focus from desert to vulnerability and from causal responsibility to remedial responsibility. The article concludes by presenting Confucian democracy as the socio-political institution and practice that can best realize the Confucian intuition of the family model of justice. (shrink)

This paper presents a new interpretation of Frege's context principle on which it applies primarily to singular terms for abstract objects but not necessarily to singular terms for ordinary objects.

For decades futurists, academics and business experts have argued that automation, robots and other new technology would eliminate millions of jobs. Yet the workforce in the US has continued to grow, even if more slowly, to new heights. Work has changed, but the predicted ‘end of work’ failed to materialise even as technology has advanced, albeit unevenly. This article will argue that the answer to this apparent riddle is not to be found in analysing the technology itself, but in Marxist (...) political economy. The progress of robots and related technology will be examined, but the argument is that the limits on technical progress in the actual production of goods and services lie in the turbulence of capitalism since the 1970s with its uneven profit rates. (shrink)

Somites are transient structures which represent the most overt segmental feature of the vertebrate embryo. The strict temporal regulation of somitogenesis is of critical developmental importance since many segmental structures adopt a periodicity based on that of the somites. Until recently, the mechanisms underlying the periodicity of somitogenesis were largely unknown. Based on the oscillations of c-hairy1 and lunatic fringe RNA, we now have evidence for an intrinsic segmentation clock in presomitic cells. Translation of this temporal periodicity into a spatial (...) periodicity, through somite formation, requires Notch signaling. While the Hox genes are certainly involved, it remains unknown how the metameric vertebrate axis becomes regionalized along the antero–posterior (AP) dimension into the occipital, cervical, thoracic, lumbar, and sacral domains. We discuss the implications of cell division as a clock mechanism underlying the regionalization of somites and their derivatives along the AP axis. Possible links between the segmentation clock and axial regionalization are also discussed. (shrink)

Perceptual expertise refers to learning that is specific to a domain, that transfers to new items within the trained domain, and that leads to automatic processing in the sense that expertise effects can be measured across a variety of tasks. It can be argued that most of us possess some degree of perceptual expertise in a least one, if not several domains, thereby giving the study of perceptual expertise broad application. Some object categories may in fact be objects of perceptual (...) expertise to the majority of people: Faces appear to be one such example. Thus, the use of face stimuli, or the comparison of face and object perception, can be a powerful way to ask whether a given process is influenced by perceptual expertise. Here, we emphasize one characteristic way that face processing appears to differ from nonface processing: that is, the degree to which they recruit a “holistic” rather than a “featural” perceptual strategy. This review brings evidence that expertise influences perceptual processing together with recent findings that the capacity of visual short-term memory is greater in perceptual experts and explores the relationship between the two. (shrink)

Work-integrated learning is an educational approach that aims to support students’ integration of theory to practice. These rich learning opportunities provide students with real-world experiences and introduce practice and ethical situations that help consolidate and bridge their knowledge and skill. Academic integrity has been defined as the ongoing commitment to values that are consistent with ethical practice: honesty, trust, fairness, respect, responsibility, and courage. It is important to understand what specifically influences students’ intentions to behave with integrity in WIL settings. (...) This paper reports on one study that explored predictors to students’ intentions to behave with integrity across three different WIL settings in their upper years of studies. The findings and recommendations from the research may help to inform other professional programs that include WIL through their educational offerings. (shrink)

This paper offers a critique of the emphasis on anti-futurity and failure prevalent in contemporary queer theory. I argue that responsibility for climate change requires commitments to futures that are queer, crip, and feminist. A queer crip feminist commitment to the future is, I contend, informed by radical hope.

In the Confucian tradition, the ideal government is called "benevolent government" (ren zheng), central to which is the ruler's parental love toward his people who he deems as his children. Hanfeizi criticized this seemingly innocent political idea by pointing out that (1) not only is the state not a family but even within the family parental love is short of making the children orderly and (2) ren as love inevitably results in the ruin of the state because it confuses what (...) is right/meritorious with what is not, thus disrupts the legal system. In this paper, I defend Confucian virtue politics against Hanfeizi's criticisms. I argue that by failing to grasp the complex nature of ren that encompasses both emotion (ren as love) and moral virtue (ren as filiality), Hanfeizi also failed to understand the actual process in which the ruler's parental love is extended to the people. (shrink)

The term “legacy effect” has been used in ecology since the early 1990s by authors studying plant succession, invasive-plant impacts, herbivory impacts, ecosystem engineering, and human land-use impacts. Although there is some variability in usage, the term is normally used to describe impacts of a species on abiotic or biotic features of ecosystems that persist for a long time after the species has been extirpated or ceased activity and which have an effect on other species. For example, human agricultural activities (...) may have a legacy effect on soil structure and vegetative communities that lasts for centuries and which alters current communities. The concept may be related to the idea of ecological inheritance in evolutionary biology but would refer only to a subset of the features of this concept. In particular, legacy effects could refer to those kinds of ecological inheritance where a physical or biological change in ecosystem state is caused by one species, where this change persists after the extirpation of the causal species and alters selection pressure of another species much later in time. (shrink)

Cognitive load theory (CLT), a construct of instructional psychologist John Sweller, has long been a mainstay of educational psychology and university educational technology courses, regionally and internationally. Although aspects of this cognitivist theory have been severely criticised, including its insistence on direct instruction in opposition to inquiry-based pedagogies, a comprehensive philosophical, neurobiological, and education critique has been missing. This paper fills the gap, by subjecting the main theoretical and pedagogical claims of CLT to close and searching scrutiny, in part, utilising (...) a newly emerging synthesis of philosophy and cognitive brain science, appropriately known as Cognitive Philosophy. The paper pushes past CLT, with its emphasis on the transient nature of working memory and core notion of cognitive ‘load’, to propose an account of the learning brain that is predictive (not reactive), embodied, neuronally plastic, non-linear, dynamically self-organising, and inherently emotional. This alternative account immediately problematises Sweller’s understanding of working memory and his account of language learning, based on Geary’s questionable epistemological claims, while keeping the practical needs of teachers and teacher educators firmly in view. Armed with this alternative, teachers can move beyond the theoretical and pedagogical constraints of CLT, including trying to mitigate a putative ‘load’ in working memory. (shrink)

Mengzi 孟子 and Zhuangzi 莊子 lived around the same time in the mid–Warring States period of ancient China. The historical relation between them is unclear. There is no mention of each other in the texts named after them. But some authors have claimed that characterizations of deformed bodies, the heart-mind, and qi 氣 in the Inner Chapters of the Zhuangzi are directly critical of Mengzi. I argue that there is no good reason for this claim. Although their philosophies are conceptually (...) opposed, this does not mean that there is a directly critical relation between them. (shrink)

Under Mencius' influence jen has been regarded as part of a theory of nature. As such, commentators have had difficulty resolving the apparent paradox in "Analects" 9.1 that Confucius rarely talked about jen. No paradox arises if jen is seen as a practice involving self-cultivation as a never-ending task and the immediacy of ethical commitment where a cluster of emotions, attitudes, and values are expressed. Jen is an ethical orientation from which one speaks and acts--not particular qualities that one might (...) enumerate and claim to possess. As such, the internal relation between jen and li does not amount to their being the same thing, as implied by some recent writers. (shrink)

Nursing programs are complex systems that articulate values of relationality and holism, while developing curriculums that privilege metric‐driven competency‐based pedagogies. This study used an interpretive approach to analyze interviews from 20 nursing students at two Canadian Baccalaureate programs to understand how nursing's educational context, including its hidden curriculums, impacted student writing activities. We viewed this qualitative data through the lens of activity theory. Students spoke about navigating a rigid writing context. This resulted in a hyper‐focus on “figuring out” the teacher (...) with minimal focus on the act of writing. Students used a form of behavioral “code‐switching” to maximize their grade while considering how their “valuing” of the assignment fit within their writing motives. Hidden curriculum messages taught students that academic success was assured whether their writing mirrored instructor preferences. Instructional practices of rigidity reinforced unequal social conditions for some minority students. Faculty can counteract the impact of the hidden curriculum through encouragement of choice and independent thinking about writing activities. Acknowledging power relationships and their influence on how students navigate writing assignments and nursing discourse may relieve pressures on students who fear penalties for countering norms and result in a more flexible learning environment. (shrink)