Ronald Dworkin’s theory of equality has exerted a strong gravitational force over Canadian equality rights doctrine for more than two decades. And although Dworkin is never cited in the Supreme Court of Canada’s equality rights cases, his shadow is plainly visible in the reception of the right to ‘equal concern and respect’ in Andrews (1989), and the ‘right to moral independence’ in Law v Canada (1999).Although this paper assesses the extent to which Dworkin’s theory of equality has been received in (...) Canadian law, it also engages in debates between Dworkin and his critics that developed as Dworkin defended and modified his theory of rights and equality over the years. The debates between Dworkin and his critics are invaluable for interpreting Canadian constitutional jurisprudence, I will argue, because the Supreme Court does not always adequately justify the conceptions of equality, dignity, etc. that it incorporates into constitutional law. Indeed, it is not always evident that the Court is aware that it is choosing among alternative conceptions, rather than straightforwardly interpreting a determinate constitutional text. The payoff from a parallel study of Dworkin and the equality rights doctrine of the Supreme Court is the identification of resources from the academic debate that can be commended for the development of a more sound and stable constitutional doctrine. (shrink)

We investigate the dynamics of sensory integration for perceiving musical performance, a complex natural behavior. Thirty musically trained participants saw, heard, or both saw and heard, performances by two clarinetists. All participants used a sliding potentiometer to make continuous judgments of tension (a measure correlated with emotional response) and continuous judgments of phrasing (a measure correlated with perceived musical structure) as performances were presented. The data analysis sought to reveal relations between the sensory modalities (vision and audition) and to quantify (...) the effect of seeing the performances on participants' overall subjective experience of the music. In addition to traditional statistics, functional data analysis techniques were employed to analyze time-varying aspects of the data. The auditory and visual channels were found to convey similar experiences of phrasing but different experiences of tension through much of the performances. We found that visual information served both to augment and to reduce the experience of tension at different points in the musical piece (as revealed by functional linear modeling and functional significance testing). In addition, the musicians' movements served to extend the sense of phrasing, to cue the beginning of new phrases, to indicate musical interpretation, and to anticipate changes in emotional content. Evidence for an interaction effect suggests that there may exist an emergent quality when musical performances are both seen and heard. The investigation augments knowledge of human communicative processes spanning language and music, and involving multiple modalities of emotion and information transfer. (shrink)

Glial cells play a central role in the development and function of complex nervous systems. Drosophila is an excellent model organism for the study of mechanisms underlying neural development, and recent attention has been focused on the differentiation and function of glial cells. We now have a nearly complete description of glial cell organization in the embryo, which enables a systematic genetic analysis of glial cell development. Most glia arise from neural stem cells that originate in the neurogenic ectoderm. The (...) bifurcation of glial and neuronal fates is under the control of the glial promoting factor glial cells missing. Differentiation is propagated through the regulation of several transcription factors. Genes have been discovered affecting the terminal differentiation of glia, including the promotion glial–neuronal interactions and the formation of the blood–nerve barrier. Other roles of glia are being explored, including their requirement for axon guidance, neuronal survival, and signaling. BioEssays 23:877–887, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

The intersection of language, stigma, and neuropsychiatry is an integral area of concern for limited english proficiency (LEP) communities, demanding a greater focus in U.S. healthcare systems. Lan...

Historians of the eugenics movement have long been ambivalent in their examination of the links between British hereditary researchers and Nazi Germany. While there is now a clear consensus that American eugenics provided significant material and ideological support for the Germans, the evidence remains less clear in the British case where comparatively few figures openly supported the Nazi regime and the left-wing critique of eugenics remained particularly strong. After the Second World War British eugenicists had to push back against the (...) accusation that their science was intrinsically dictatorial or totalitarian and, as a result, many of their early perceptions of the Nazis were ignored or rationalised away. Further, historians in recent years have focused more directly on the social reformist elements of eugenics, discussing the links between hereditary science and the birth control and feminist movements in addition to others. While undoubtedly making valuable contributions to the scholarly understanding of the eugenic milieu in the interwar years, these studies have neglected to recontextualize the sentiments of British eugenicists who did indeed view the Nazi government positively in the early years of the 1930s. This article argues that there was a significant, though not numerically sizable, faction in the British eugenics movement, though mostly outside the Eugenics Society itself, in the early 1930s that viewed the Nazi Germany as an admirable state for its implementation of eugenic principles. One of these figures was later interned by his own government for being too closely aligned with the German regime, though he argued that this affinity was driven by the quest for scientific truth rather than politics. Eugenics in Britain thus contained a greater diversity of views toward Germany than scholars have previously assumed, warranting more research into the individuals and organizations harbouring these views. (shrink)

One of the most actively discussed aspects of Keynes's thought during the last decade has been his concern with uncertainty and probability theory. As the concerns of current macroeconomic theorists have turned increasingly to the effects of expectations and uncertainty, interest has grown in the fact that Keynes was the author of A Treatise on Probability and that uncertainty plays a prominent role in Chapter 12 of The General Theory as well as in three 1937 papers in which he summarized (...) The General Theory's main point. Not surprisingly, though, there has been very little agreement in this recent discussion about exactly what the significance of Keynes's early work in probability was to his later work as an economist, or about what the roles of uncertainty and expectations are in The General Theory. (shrink)

Constitutional interpretation in Canada is dominated by the metaphor of the “living tree”. Living tree constitutional interpretation is usually defined in terms of its incompatibility with what is understood in Canada to be the central commitment of originalist interpretation: that the constitution is, in some sense, “frozen” at the moment of adoption. But the tenets of originalism that are used as a definitional contrast are not widely held by originalist constitutional scholars today, and are in fact expressly rejected in the (...) new originalist theories that have been developed principally in the United States over the past 20 years. There has not been a meaningful engagement in Canada with contemporary schools of originalist interpretation. The originalism rejected by the Supreme Court of Canada in 1985 , is not the new originalism, and a rejection of this new family of interpretive theories does not necessarily follow from the fact of the Supreme Court of Canada’s rejection of original intent originalism. Unfortunately, the Canadian courts have continued to affirm living tree constitutional doctrine and denounce originalism without providing much of an account of what they are accepting or rejecting. This paper is a prefatory study to an engagement with new originalist scholarship. I attempt a statement of the current commitments in Canadian living constitutional doctrine and, in passing, note the Supreme Court’s attitudes towards originalism. My purpose is to determine what the central commitments of living tree constitutional doctrine are, as a preliminary step towards a later study to determine the extent to which Canadian doctrine is truly incompatible with orginalist interpretation. I explore what I observe to be the four central commitments to living tree constitutionalism in Canada: the doctrine of progressive interpretation; the use of a purposive methodology in progressive interpretation; the absence of any necessary role for the original intent or meaning of framers in interpreting the constitution; and the presence of other constraints on judicial interpretation. (shrink)

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

The first seven chapters of Doing without Concepts offer a perfectly reasonable view of current research on concepts. The last chapter, on which the central thesis of the book rests, provides little actual evidence that using the term impedes scientific progress. It thus fails to demonstrate that this term should be eliminated from the scientific vernacular.

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

John Maynard Keynes was the most important economist of the twentieth century. He was also a philosopher who wrote on ethics and the theory of probability and was a central figure in the Bloomsbury Group of writers and artists. In this volume contributors from a wide range of disciplines offer new interpretations of Keynes's thought, explain the links between Keynes's philosophy and his economics, and place his work and Keynesianism - the economic theory, the principles of economic policy, and the (...) political philosophy - in their historical context. Chapter topics include Keynes's philosophical engagement with G. E. Moore and Franz Brentano, his correspondence, the role of his General Theory in the creation of modern macroeconomics, and the many meanings of Keynesianism. New readers will find this the most convenient, accessible guide to Keynes currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Keynes. (shrink)

This paper explores gender differences in “make-up” and “suspicion” in a bargaining game in which the privately informed seller of a company sends a value message to the uninformed potential buyer who then proposes a price for the company. “Make-up” is measured by how much the true value is overstated, “suspicion” by how much the price offer differs from the value message. We run different computerized treatments varying in information about the gender and in embeddedness of gender information. The asymmetry (...) of the game and of information allows for a robust assessment of gender effects. We report here the results from just one shot round decision since we expect such effects to be more pronounced for inexperienced participants. We mainly find an effect of gender constellation: when female sellers are aware to confront a female buyer, they overstate more, i.e. there is more “make-up”. However, we cannot confirm gender effects for suspicion. (shrink)

Compiling empirical work from management and social science disciplines, the Research Companion to Ethical Behavior in Organizations provides an entry point for academic researchers and compliance officers interested in measuring the moral dimensions of individuals. Accessible to newcomers but geared toward academics, this detailed book catalogs the varied and nuanced constructs used in behavioral ethics, along with measures that assess those constructs. With its cross-disciplinary focus and expert commentary, a varied collection of learned scholars bring essential studies into one volume, (...) creating a resource that promises to enhance the burgeoning field of behavioral ethics"--Publisher's web site. (shrink)

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately (...) describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation. (shrink)

Conspiracy theories (CTs) are widespread ways by which people make sense of unsettling or disturbing cultural events. Belief in CTs is often connected to problematic consequences, such as decreased engagement with conventional political action or even political extremism, so understanding the psychological and social qualities of CTs belief is important. CTs have often been understood to be “monological”, displaying the tendency for belief in one conspiracy theory to be correlated with belief in (many) others. Explanations of monologicality invoke a nomothetical (...) or “closed” mindset whereby mutually supporting beliefs based on mistrust of official explanations are used to interpret public events as conspiracies, independent of the facts about those events (which they may ignore or deny). But research on monologicality offers little discussion of the content of monological beliefs and reasoning from the standpoint of the CT believers. This is due in part to the “access problem” (Wood & Douglas, 2015): CT believers are averse to being researched because they often distrust researchers and what they appear to represent. We used several strategies to address the access problem, and investigated the symbolic resources underlying CTs by reconstructing a conspiracy worldview - a set of beliefs held by CT believers about important dimensions of ontology, epistemology, and human agency. To do this, we analysed media documents, conducted field observation, and engaged in semi-structured interviews,. We describe six main dimensions of a conspiracy worldview: Views of the nature of reality, the self, the outgroup, the ingroup, action, and the future. We also describe a typology of five types of CT believers, which vary according to their positions on each of these dimensions. Our findings converge with prior explorations of CT beliefs but also revealed novel aspects: A sense of community among CT believers, a highly differentiated representation of the outgroup, a personal journey of conversion, variegated kinds of political action, and optimistic belief in future change. These findings are at odds with the typical image of monological CT believers as paranoid, cynical, anomic and irrational. For many, the CT worldview may rather constitute the ideological underpinning of a nascent pre-figurative social movement. (shrink)

This dissertation interprets the lack of uniqueness in probability representations of agents' degrees of belief in the decision theory of Richard Jeffrey as a formal statement of an important epistemological problem: the underdetermination of our attributions of belief and desire to agents by the evidence of their observed behaviour. A solution is pursued through investigation of agents' attitudes to information of a conditional nature. ;As a first step, Jeffrey's theory is extended to agents' conditional attitudes of belief and desire by (...) introduction of a definition of conditional desirability. The second step is an analysis of agents' attitudes to conditionals. Following Adams it is argued that the probability of a conditional is the conditional probability of its consequent given the antecedent. Since numerous 'trivialization' results show that no proposition could be such that this were the case, it is proposed that conditionals express a variable proposition as a function of the context in which they are asserted. The consequent technical treatment of conditionals as proposition-valued functions of sets of possible worlds delivers Adams' thesis as a natural consequence without fear of trivialization. ;Conditionals are the underlying objects of the decision theory that is presented in the final chapter. A representation theorem is proven for preferences defined over sets of such conditionals satisfying certain closure conditions, where an agent is understood to prefer one conditional over another just in case she prefers that the former by true rather than the latter. The theorem establishes that a rational preference ranking of conditionals implies the existence of a unique probability function and a desirability function unique up to choice of scale, that agree with the preference ranking, and that these functions satisfy both the axioms of Jeffrey's decision calculus and Adams' thesis. The theorem is interpreted as saying that elicitation of an agent's choices amongst conditional options suffices to determine our attributions of belief and desire to them. (shrink)

The hypothetical social contract between a profession and society exchanges the privilege of self-regulation for the profession's promise to regulate itself in the public interest. When it no longer appears that the profession is exercising its privilege responsibility, there will be pressure to reform the regulation of the market for legal services, for example by allowing non-lawyers to provide legal services, or permitting lawyers to practice in partnerships with non-lawyers. So far the American profession has been relatively successful at resisting (...) reform, and the American Bar Association's Ethics 20/20 Commission wrapped up its business by proposing only a few minor, technical changes to the rules of professional conduct. One way the profession has fended off attempts to enact more comprehensive reforms is by appealing to professional core values. This article presents several claims about professional core values and reform of professional regulation. First, the American profession has not been particularly rigorous in defining a set of core values that appeal to the interests of clients or the public interest and are not merely a rearguard attempt by the profession to protect its monopoly. Second, and related, professional core values are plural in nature and vary in application considerably according to the context. Third, there is no reason that reforms cannot be considered that better serve interests such as access to justice while also respecting core values. Fourth, regulatory form is rather far down the list of threats to professional core values, after forces such as the increasing power of in-house counsel. The conclusion is not that there is no such thing as core values, but that if the profession continues to appeal to them as a rhetorical makeweight, it may find itself overwhelmed by pressures for reform. (shrink)