This book offers both the theoretical background behind the minority effect, teachers' personal experiences as they experienced being a minority, and their analyses and insights for teaching diverse learners. This book uses real-life experiences of diverse people to illustrate that, if not understood and addressed, situational minorities at school or work are unlikely to perform at their highest potentials.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

O presente artigo propõe-se fazer uma releitura da actualidade paradoxal de Heidegger. Para além das inegáveis ambiguidades da sua vida, encontramos no seu caminho de pensamento a prova de uma vigorosa crítica da ideologia compreendida no seu sentido mais radical. O seu pensamento pode ser compreendido como uma destruição "sistemática" dos momentos fundadores em torno dos quais se constituiu uma parte da reflexão ocidental (ontoideológica), enquanto que afirmação ideológica (autoreferencial) de verdade e valores que mascaram e justificam o poder do (...) homem sobre e contra o outro homem. No coração desta Destruktion está uma experiência do pensamento que dispõe para a escuta de um ser cujo poder essencial é o de deixar-ser, sem revendicar um poder-saber sobre aquilo que é dado. Neste lugar de abertura ex-statica, que constitui o abismo (Ab-Grund) de todo o pensamento autocentrado e que não se dá sem riscos, abre-se a possibilidade de uma nova compreensão antropológica e ética. /// This article attempts to offer a re-reading of the paradoxical relevance of Heidegger for the present times. Beyond the undeniable ambiguities of his life, we can find in the course of his thought a vigorous critique of ideology in the most radical sense of the word. His thought may be understood as a u systematic" destruction of the foundational moments upon which Western thought (as onto-theological) is established. This is done to the degree that it conceals a self-referring ideological affirmation of truth and values that hides and justifies the exercise of power of human beings over and against each other. At the heart of this Destruktion, there is an experience of thought disposed to attentively hear a being whose essential power consists in letting-be, without claiming knowledge as a power to impose itself on what is given. In this space of ex-static opening, constituting the abyss of all self-centered thought together with the risks that it involves, the possibility of a new anthropological and ethical understanding is in the offing. (shrink)

Cet ouvrage montre la portée universelle de Maître Eckhart en étudiant l'influence de son oeuvre dans la phénoménologie d'Husserl et la dialectique d'Hegel, et les rapports entre la pensée de Maître Eckhart et la mystique chinoise de Laozi.

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

1. La trasformazione dei principi di legittimazione degli ordinamenti giuridici contemporanei -- 2. I mutamenti nel sistema giuridico -- 3. Analisi del linguaggio giuridico, legistica e legimatica -- 4. I diritti difficili nel sistema giuridico.

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise of (...) judicial review, and the legal academy's influence on legal practice. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

Context: In this empirical and conceptual paper on the historical, philosophical, and epistemological backgrounds of second-order cybernetics, the emergence of a significant pedagogical component to Heinz von Foerster’s work during the last years of the Biological Computer Laboratory is placed against the backdrop of social and intellectual movements on the American landscape. Problem: Previous discussion in this regard has focused largely on the student radicalism of the later 1960s. A wider-angled view of the American intellectual counterculture is needed. However, this (...) historical nexus is complicated and more often dismissed than brought into clear focus. Method: This essay assembles a historical sequence of archival materials for critical analysis, linked to a conceptual argument eliciting from those materials the second-order cybernetic concepts of observation, recursion, and paradox. Results: In this period, von Foerster found the “positive of the negative” in the social and intellectual unrest of that moment and cultivated those insights for the broader constitution of a new cognitive orientation. Implications: As a successful student of his own continuing course on heuristics, von Foerster left the academic mainstream to ally his constructivist epistemology with the systems counterculture. (shrink)

The Genetic Information Nondiscrimination Act of 2008 prohibits most forms of discrimination on the basis of genetic information in health insurance and employment. The findings cited as justification for the act, the almost universal political support for it, and much of the scholarly literature about genetic discrimination, all betray a confusion about what is really at issue. They imply that genetic discrimination is wrong mainly because of genetic exceptionalism: because some special feature of genetic information makes discrimination on the basis (...) thereof wrong. I suggest, to the contrary, that the best arguments against genetic discrimination assume that health care is an entitlement . I do this by examining two different exceptionalist arguments for genetic nondiscrimination, showing that they do not furnish good reasons for prohibiting genetic discrimination unless one supposes that health care is an entitlement. (shrink)

The APA has recently taken steps to address concerns related to teaching and supporting philosophers and students who come from less privileged backgrounds. I want to add to this project by fleshing out some concrete ways that philosophy professors contribute to the challenges faced by first-generation and financially disadvantaged philosophers and students. I hope that in making these behaviors explicit, it may be easier for faculty to acknowledge and overcome them.

This article examines the Kantian thesis of the a priori nature of our knowledge of space. Because it makes the representation of objects possible as external to us and all others, and consequently, as distinct and individualized, space (whatever its structure may be) claims the status as necessary condition and as apriori possibility of all knowledge. However, in the light of various physical, psychological and philosophical considerations, it seems that the particular structure allocated by Kant to space (i.e. uniqueness, infinity, (...) continuity, homogeneity, isotropy, Euclidean character and three-dimensional character) is neither necessary nor a priori but is rather contingent and dependent on experience. For this reason a pragmatist relativization of the transcendental approach appears to be necessary: the structure of space which makes knowledge possible is not apriori in an absolute sense, but rather, it is determined within the context of a certain practice, which is characterized by a certain mode of interaction with the environment and reveals particular empirical constraints to which this spatial structure must fit. (shrink)

“Medicalization” has been a contentious notion since its introduction centuries ago. While some scholars lamented a medical overreach into social domains, others hailed its promise for social justice advocacy. Against the backdrop of a growing commitment to health equity across the nation, this article reviews historical interpretations of medicalization, offers an application of the term to non-biologic risk factors for disease, and presents the case of housing the demonstrate the great potential of medicalizing poverty.

At the moment in Britain and elsewhere the debate inside and outside of Parliament on various medical issues which are essentially moral never ends. Everybody has his own point of view--or principles. But what emerges for society to adopt can often be called in lay terminology 'compromise'. Professor Mitchell argues in this paper that a moral consensus is possible and indeed ought to be achieved, as today the medical practitioner can no longer make his decision only in accordance with the (...) strict code of ethics of the medical profession. The task of the philosopher, says Professor Mitchell, is to interpret the actions and attitudes demanded by modern medical practice. (shrink)

This paper argues that self-consciousness and associated psychic consciousness emerges as a consequence of a recursive selfdirecting on itself of the cognitive centre in the human brain. The neural mechanisms and circuits underlying self-consciousness appeared and developed during biological evolution as an adaptation that increased the fitness of our social ancestors, chances of their survival, and reproduction. These mechanisms/circuits strengthened the efficiency of individuals in various social relations, enabled separation of 'I' from 'he/she' or 'them' and the formation of firstand (...) higher-order theory of mind, stimulated development of complex, recursive language, facilitated forming temporary coalitions directed to achieve a particular goal, helped to establish social hierarchies, and increased coherence and cooperativity of a social group. The reciprocal reinforcement of the development of the neural network in the brain underlying self-consciousness and of the network of various social relations and aspects was a self-driving process, one of positive feedbacks abundant in anthropogenesis. (shrink)

Med hjemmel i de lovfestede spesielle god skikk-reglene har flere yrker utformet yrkesetiske regler med en lovmessig forankring. Denne artikkelen tar utgangspunkt i fem yrker og gir en juridisk analyse av god revisorskikk, god advokatskikk, god regnskapsføringsskikk, god meglerskikk og god landmålerskikk. Formålet er å sammenligne den rettslige betydningen av disse SGS-reglene. De sammenlignes ut fra hjemmelsgrunnlaget og hvilken bransjeorganisasjon som har utformet de yrkesetiske reglene, autorisasjonsordning og en hypotese om at de yrkesetiske reglene inneholder følgende elementer: profesjonsansvar, integritet, objektivitet, (...) taushetsplikt og kompetansekrav.Sammenligningen viser at lovfestede SGS-regler har ført til at de aktuelle bransjeorganisasjonene har tatt ansvar for å utforme de yrkesetiske reglene. Når det gjelder autorisasjonsordningen, har Finanstilsynet ansvaret for autorisasjonene til revisorer, regnskapsførere og eiendomsmeglere. For advokater har Tilsynsrådet for advokatvirksomhet ansvaret for å føre tilsyn med advokatbevillingene, mens landmålerne ikke er underlagt en autorisasjonsordning.Analysen viser at en finner de fem elementene både i god revisorskikk, god advokatskikk, god regnskapsføringsskikk og god landmålerskikk. God meglerskikk er derimot svært forskjellig fra de andre yrkesetiske reglene. Samlet viser analysene at de yrkesetiske reglene har en viss rettslig betydning, selv om den varierer.Nøkkelord: lovfestede god skikk-regler, yrkesetiske reglerEnglish summary: The significance of ethical rules based on legislated rules for Code of ConductIn accordance with statutory authority rules for Code of conduct, several professions have designed ethical rules with a legal foundation. This article is based on a legal analysis of CoC for auditors, lawyers, accountants, real estate agents and for land surveyors. The purpose of the article is to compare the legal significance of these rules for the CoC. The various rules for CoC are compared in terms of their legal basis, the professional organisation which has designed the professional ethical rules and the system of authorisation. The rules for CoC are also compared in a hypothesis about five elements. The hypothesis is that the ethical rules contain the following elements: professionalism, integrity, objectivity, confidentiality and competency.The comparison shows that legislated rules for CoC have enabled the relevant professional organisations to take responsibility for designing professional ethical rules. In the case of system of authorisation, the «Financial Supervisory Authority of Norway» is responsible for authorising auditors, accountants and real estate agents. For lawyers the «Supervisory Council For Legal Practice» is responsible for supervising their authorisation, whereas land surveyors are not subject to an authorisation system – either public or professional.The analysis shows that one can find all five elements in the CoC for auditors, lawyers, accountants, and land surveyors. The CoC for real estate agents, however, is different from the other ethical rules. Overall, the analysis shows that the ethical rules have a certain legal significance, although it varies. (shrink)

"This title was first published in 2003.Developments in genetic science are opening up new possibilities for human beings; both the creation and the shaping of human life are now possible in the laboratory. As these techniques develop, questions are increasingly asked about how far everything that is scientifically possible should - morally, legally and socially - be pursued. Whilst much attention and policy-making has focussed on the development of regulation of technologies affecting human reproduction, regulation where plants and animals are (...) concerned is much more limited. In this book, developments in genetics are addressed in the broad sense by an international range of contributors. This includes not only issues such as eugenics and the modification of the human embryo, but also the genetic modification of plants and animals in the pursuit of commerce, agriculture and biomedical research. This book is published in association with the Society for Applied Philosophy"--Provided by publisher. (shrink)