This paper examines the strategies for the legitimisation of power in courtroom encounters. It focuses on how discourse becomes the instrument for power and control during the judicial process of witness examination in a Nigerian courtroom context. Legitimisation, as used in this study, therefore, provides more insight into how language use within an institutionalised setting becomes the locus of social interactions designed to achieve specific social goals. Critical Discourse Analysis (CDA) was adopted as the theoretical framework to undergird the description (...) and discussion of the data. The data for this study was drawn from the proceedings of two regional Election Petition Tribunals in South-western and North-eastern Nigeria in 2007 and 2011 respectively. The legal contexts provide the adversarial space for the use of discourse as power and control. The findings reveal that various legitimisation strategies such as confrontational move, circumlocution and pleading forgetfulness along with such traditional strategies as authorisation, moralisation and rationalisation are deployed by the discourse participants to legitimise and delegitimise power in this institutional setting. The paper shows that language is crucial in the judicial process and should be carefully handled so that litigants can have sufficient confidence in the process and be reassured of effective resolution to their legal matters. (shrink)

Sidgwick famously claimed that an argument in favour of utilitarianism might be provided by demonstrating that a set of defensible philosophical intuitions undergird it. This paper focuses on those philosophical intuitions. It aims to show which specific intuitions Sidgwick endorsed, and to shed light on their mutual connections. It argues against many rival interpretations that Sidgwick maintained that six philosophical intuitions constitute the self-evident grounds for utilitarianism, and that those intuitions appear to be specifications of a negative principle of universalization (...) (according to which differential treatments must be based on reasonable grounds alone). In addition, this paper attempts to show how the intuitions function in the overall argument for utilitarianism. The suggestion is that the intuitions are the main positive part of the argument for the view, which includes Sidgwick's rejection of common-sense morality and its philosophical counterpart, dogmatic intuitionism. The paper concludes by arguing that some of Sidgwick's intuitions fail to meet the conditions for self-evidence which Sidgwick himself established and applied to the rules of common-sense morality. (shrink)

The standard by which we apply decision-making for those unable to do so for themselves is an important practical ethical issue with substantial implications for the treatment and welfare of such individuals. The approach to proxy or surrogate decision-making based upon substituted judgement is often seen as the ideal standard to aim for but suffers from a need to provide a clear account of how to determine the validity of the proxy's judgements. Proponents have responded to this demand by providing (...) the truth-conditions for the substituted judgement in terms of counterfactual reasoning using a possible worlds semantics. In this paper, I show how these underpinnings fail to support the substituted judgement approach as a reasonable standard for decision-making. Firstly, I show how this counterfactual element has been poorly interpreted. I then explain how various accounts have failed to reflect problems and limitations associated with providing an interpretation of their truth-conditions using counterfactuals. Finally, I argue that, even when we attend to the initial problems of providing a counterfactual analysis, it still deeply problematic as a means of determining the validity of substituted judgements for two main reasons. Firstly, making determinate judgements as to the truth-value of these judgements will often not be possible and, secondly, there is a strong requirement when interpreting many counterfactual claims to charitably accede to their being true. I conclude that substituted judgements, as interpreted through counterfactual reasoning and possible worlds semantics, do not therefore provide an adequate standard for surrogate decision-making. (shrink)

Girardian anthropology tells us that the birth of human meaning and its signs are the result of a primitive catastrophe. But if these origins are exposed by the biblical record it is because another, transformative semiosis has opened in human existence. Girard’s seminal remarks on the Greek logos and the logos of John, endorsing Heidegger’s divorce of the two, demonstrate this claim and its source in the nonviolence of the gospel logos. In effect, there is a second catastrophe, one embedded (...) in the bible and reaching its full exposition in the cross, generating a new semiosis in humanity. The transformation may be measured by viewing the original semiosis in a Kantian frame, as a transcendental a priori structured by violence. The second catastrophe generates an equivalent new a priori of nonviolence. The work of Charles Peirce illustrates both the way in which interpretants (of signs) open us progressively to new meanings, and how this process may ultimately be conditioned by love. The catastrophe of the gospel, therefore, works both on the dramatic individual level, with Paul of the New Testament as the great example, but also in slow‑motion over semiotic history, changing the meaning of existence from violence to nonviolence. (shrink)

Obligation describing language is hooked up with preference, a relation of what-is-better-than-what. But ordinary situations underdetermine such relations of what-is-better-than-what. Even so, there are plainly true sentences describing our obligations in those situations. This mismatch is trouble-making and getting out of the trouble requires either giving up the easy link between “ought” and preference or re-thinking the kind of things preferences can be.

Over the last three decades, social theory has become an increasingly important subdiscipline within sociology. Social theory has attempted to elucidate the philosophical basis of sociology by defining the nature of social reality. According to social theory, society consists of objective institutions, structure, on the one hand, and individuals, agency on the other, it promotes human social relations, insisting that in every instance social reality consists of these relations.

Deriving ethical conclusions from arguments that rely heavily on metaphysical foundations, as Parfit (1984) does in generating his Nonidentity Problem, is an approach fraught with problems. Sparrow...

A. G. Greenwald and H. G. Shulman (1973) found that 2 tasks characterized by ideomotor (IM) compatibility could be perfectly timeshared (i.e., performed simultaneously without mutual interference). The 2 tasks were pronouncing “A” or “B” in response to hearing those letter names, and making a manual left or right response to seeing a left- or right-positioned arrow. M.-C. Lien, R. W. Proctor, and P. A. Allen (2002) did not replicate Greenwald and Shulman’s result, and concluded that their finding of perfect (...) timesharing of 2 IM-compatible tasks might not be replicable. In the present research, Experiment 1 replicated Greenwald and Shulman’s 1973 finding while also supporting the conclusion that Lien et al.’s nonreplication was due to their not instructing subjects to make 2 responses simultaneously in their timeshared task. Experiment 2 again replicated the perfect timesharing finding, using an alternative control procedure that mixed manual and vocal tasks in the same block. (shrink)

Introduction Il sera ici question de la corrélation entre l’érotique et l’historique, ou, comme on pourrait aussi le dire, entre la vie et l’esprit, et de leur intersection, qui nous est révélée dans le phénomène de la honte. Je traiterai de cette intersection m’intéressant dans un premier temps au rôle constitutif que joue la perception érotique chez le phénoménologue Maurice Merleau-Ponty. Si je souhaite souligner ce point, ce n’est pas seulement parce que cet aspect de l’œuvre de Merleau-P...

Japan is a country largely lacking supplies of many essential natural resources including petroleum, coal, and iron ore. As her industrial base and economy expanded during the 1920s and 1930s, Japan's dependence on imports of these resources became increasingly evident. The onset of the Depression in the 1930s further threatened Japan's lifeline, and, in an effort to become economically independent and self-sufficient in natural resources , Japan's militaristic government pursued a policy of territorial expansion. Beginning in 1937, Japan's military forces (...) swept out of Manchuria into China and then into Southeast Asia in search of strategic materials such as petroleum, coal, copper, zinc, and rubber. To achieve independence in petroleum, the Japanese developed a dual approach: they would acquire natural petroleum sources in Southeast Asia and at the same time establish a synthetic fuel industry for the conversion of coal to oil. Actually, the Japanese had begun research on synthetic fuel in the 1920s, only a few years after other countries, such as Germany and Britain, that lacked sources of natural petroleum. They did excellent laboratory research on the coal hydrogenation and Fischer-Tropsch conversion processes, but in their haste to construct large synthetic fuel plants they bypassed the intermediated pilot-plant stage and failed to make a successful transition from small- to large-scale production. Unable to synthesize liquid fuels from coal, they instead derived significant quantities from the technologically simpler coal carbonization and shale oil distillation processes. In the last year of World War II, the Japanese attempted to revive their synthetic fuel industry and entered into an agreement with IG Farben for technical assistance. Germany's defeat ended this final effort. The Japanese synthetic fuel industry presents a good case study of technological failure. It shows that high-quality basic scientific research does not necessarily translate into large-scale technological success. (shrink)

In a way that is rarely even attempted, and even more rarely actually pulled off, Susan Hurley, in her book Consciousness in Action, brings scientific ideas into contact with mainstream philosophy. It is not at all unusual for empirical results from cognitive science, psychology, and neuroscience to be raised in discussion of issues in philosophy of science and philosophy of mind--Dennett and the Churchlands, for example, have been doing so for years. But Hurley attempts to draw empirical results even closer (...) to the center of philosophy, using them to make points about metaphysics and epistemology more broadly, especially PutnamÂ’s Twin Earth cases. We are very fond of Hurley's book, and we agree with nearly all of her conclusions. We do think, though, that there are two important cases where Hurley has misunderstood scientific work. First, we think she misunderstand dynamical systems theory; second, we think her criticism of ecological psychology is misplaced. In neither case do these misunderstandings derail HurleyÂ’s overall project--indeed, the former of them makes her conclusions all the more plausible. We consider them in order. (shrink)

The paper questions Binmore’s identification of justice with fairness and his corresponding focus on bargains to the neglect of conventions, notably of ownership. Section 1 deals mainly with the role ascribed to man’s earliest genetic heritage in shaping fairness norms and the putative effect of such norms on bargaining solutions. Section 2 argues that the scope of fairness as opposed to justice in determining the social order is quite narrow, It sketches a theory of fairness distinct from justice, derived from (...) the principle of treating like cases alike. (shrink)

Contemporary aesthetic theory is embedded in a culture dominated by images, and so would seem to require a reversal of Plato's critique of image-making. In adopting this stance, aesthetic theory follows in the footsteps of Nietzsche, whose own project was conceived as a reversal of Platonism. But the critique of Plato that underpins these views is based on a tradition that has misconstrued some of Plato's fundamental ideas. For this reason, the standard critique of Platonism is ineffective as a critical (...) response to the culture of images. Aesthetic theory needs instead to produce a critique of the contemporary image-world based on the view that it emerges from a transformation in the paradigm of production. Images are no longer merely a part of the world that is produced, but themselves have a crucial role in the process of production. (shrink)

Aggressive-sadistic personality disorder (SPD) involves derivation of pleasure from another's physical or emotional suffering, or from control and domination of others. Findings from a head-injured sample indicate that SPD traits are associated with neuropsychological deficits in executive function and language, suggesting difficulties in frontal-lobe-mediated self-regulation of aggressive and emotional impulses. Implications for rehabilitation of aggressive offenders are discussed.

Foundations of Economic Personalism is a series of three book-length monographs, each closely examining a significant dimension of the Center for Economic Personalism's unique synthesis of Christian personalism and free-economic market theory. In the aftermath of the momentous geo-political and economic changes of the late 1980s, a small group of Christian social ethicists began to converse with free-market economists over the morality of market activity. This interdisciplinary exchange eventually led to the founding of a new academic subdiscipline under the rubric (...) of economic personalism. These scholars attempt to integrate economic theory, history, and methodology with Christian personalism's stress upon human dignity, humane social structures, and social justice. This final volume in the series systematically applies the praxeological and theoretical foundations of the personalist tradition to free-market economic theory. Unlike the previous two, this work defends economic liberty in theologically sensitive terms that reference the personalist tradition, without compromising the disciplinary integrity of either economics or social ethics. (shrink)

McFarland and Crouch reported substantial positive correlations between the Implicit Association Test and response speed and between IATs assessing racism or self-esteem and ostensibly unrelated control IATs. Using an IAT measure in millisecond-difference score format, they concluded that the IAT was confounded with general cognitive ability. A reanalysis of these data using the D measure eliminated the speed of responding confound, although it did not eliminate the correlation between the control and racism IATs. The study was replicated and the two (...) correlations, paralleling those in the original study, emerged for the millisecond-difference score. However, both were reduced to nonsignificance by use of the D measure. These findings are consistent with other recent studies that document the protection afforded by D against cognitive skill confounds. (shrink)