Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal policy evaluates the effects produced by given NSs based on causal (...) laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

Abstract. In this article we developed scientific and applied foundations of commercialization of the nature-resource potential of anthropogenic objects, on the example of exhausted mines. It is determined that the category of “anthropogenic object” can be considered in a narrow-applied sense, as specific anthropogenic objects to ensure the target needs, and in a broad theoretical sense, meaning everything that is created and changed by human influence, that is the objects of both artificial and natural origin. It was determined that problems (...) of commercialization of the natural-resource potential of anthropogenic objects are most often considered by researchers for specific objects, without having complex methodological coverage from the point of view of combining environmental, technical, economic and managerial components. When studying the substantiation of the scientific base, the authors confirmed the feasibility of the commercialization of natural-resource potential of anthropogenic objects on the example of a number of theoretical scientific studies in reclamation, reconstruction, recreation, remediation, restoration of biological productivity and economic value of land disturbed by economic activity. The considered examples of exhausted mines in the 21st century in the USA, Canada, Germany, Romania, and Poland indicate a wide range of opportunities for their commercialization. The study of the potential for commercialization of exhausted mines in the post-Soviet countries testified to the underused reserves for the commercialization of their nature-resource potential and their high potential for further development. The authors proposed the identification of anthropogenic objects on the basic livelihood spheres of society. There were identified the main system (natural, biological, technical, economic, social, managerial) and structural (subjects, trends, threats, risks, problems, challenges) factors of diagnosing the state of an anthropogenic object. A set of measures has been developed for commercialization of an anthropogenic object in functional and production activities, product policy, financial and investment spheres, pricing and sales policies, promotion, management and determination of property rights. Recommendations were provided on optimizing the management decision-making process based on a set of positivistic development principles, methods, and management functions. The study allows international organizations, state and local authorities, territorial communities, owners and potential investors to see new opportunities and make mutually beneficial decisions on the rational use of the nature-resource potential of anthropogenic objects. (shrink)

A pesquisa “Formação do leitor: o processo de mediação do docente” enfoca práticas mediadoras de leitura do texto literário, em ambiente escolar, nas séries iniciais do Ensino Fundamental. Inicialmente buscou-se investigar as práticas de leitura literária desenvolvidas em turmas de 3ª série e na biblioteca escolar de escolas localizadas em Caxias do Sul. As ações desenvolvidas são restritas e ante o quadro, o projeto organiza propostas de leitura literária a partir de diversos gêneros literários. O subprojeto “Leitura e mediação do (...) conto popular” focaliza o conto popular como gênero presente na formação do leitor literário, uma vez que a análise do corpus coletado aponta que há falhas na abordagem dessa narrativa. Provavelmente isso ocorre pela falta de clareza sobre as qualidades que conferem a uma obra o estatuto de literatura. Também se nota a predominância de concepções estruturalistas de leitura na prática docente, produzindo leituras autoritárias, que prevalecem sobre práticas mediadoras. Para estudar a natureza do conto popular, buscas e apoio em Jolles (1976), Jesualdo (1982), Cascudo (1998, 2002) e Azevedo (2008a, 2008b). A partir da análise do conto e dos dados coletados, constroem-se princípios e estratégias para a mediação de leitura do texto literário infantil, utilizando estudos de Saraiva (2001) e Saraiva e Mügge (2006). Esse referencial embasa a elaboração de roteiros de leitura para obras literárias infantis, entre elas A lenda do guaraná: mito dos índios sateré-maué, de Fittipaldi, objeto de estudo dessa proposta de trabalho. Acredita-se que a apresentação de propostas de leitura literária contribua para a formação continuada do docente, para qualificar a interação entre objeto de leitura e leitor iniciante. (shrink)

The usual way for new cells to come into being is by division of old cells. So the zygote, which is a—new—single cell formed from two, the sperm and ovum, is an exception. Textbooks of human genetics usually say that this new cell is beginning of a new human individual. What this indicates is that they suddenly forget about identical twins.

It is unreasonable to assume that our pre-scientific emotion vocabulary embodies all and only those distinctions required for a scientific psychology of emotion. The psychoevolutionary approach to emotion yields an alternative classification of certain emotion phenomena. The new categories are based on a set of evolved adaptive responses, or affect-programs, which are found in all cultures. The triggering of these responses involves a modular system of stimulus appraisal, whose evoluations may conflict with those of higher-level cognitive processes. Whilst the structure (...) of the adaptive responses is innate, the contents of the system which triggers them are largely learnt. The circuits subserving the adaptive responses are probably located in the limbic system. This theory of emotion is directly applicable only to a small sub-domain of the traditional realm of emotion. It can be used, however, to explain the grouping of various other phenomena under the heading of emotion, and to explain various characteristic failings of the pre-scientific conception of emotion. (shrink)

The responses to the questions of why? when?, how?, where?, and in what ways? business ethics should be taught in the BusinessEthics classroom inundate the scholarly literature. Yet, to date, despite some very interesting ideas, with respect to the answers givento the above question, not only has nothing even close to consensus been reached, but this particular area of pedagogy is instagnation—authors still challenge both the very idea of teaching business ethics as well as the practical value of such courses (...) for ourstudents once they graduate to the corporate world.In this paper I will suggest that the reason for this lack of pedagogical progress is that there has been a serious oversight regarding the most important teaching question of all: Who? I will show that the pedagogical issue of whom should be teaching Business Ethics has been largely ignored, skirted or answered incorrectly. I will then boldly argue that the only necessary condition for successful courses inBusiness Ethics is that they be taught by experts in ethics, i.e., Ph.D.s in philosophy. (shrink)

E. J. Lowe; Are the natural numbers individuals or sorts?, Analysis, Volume 53, Issue 3, 1 July 1993, Pages 142–146, https://doi.org/10.1093/analys/53.3.142.

Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...

This paper explores the notions of hope and how individual patient autonomy can trump carefully reasoned ethical concerns and policies intended to regulate stem cell transplants. We argue that the same limits of knowledge that inform arguments to restrain and regulate unproven treatments might also undermine our ability to comprehensively dismiss or condemn them. Incautiously or indiscriminately reasoned policies and attitudes may drive critical information and data underground, impel patients away from working with clinical researchers, and tread needlessly on hope, (...) the essential motivator of patients, advocates and researchers alike. We offer recommendations to clinicians and health care providers to help balance the discourse with individuals seeking treatment while guarding against fraud, misconception, and patient harm. (shrink)

Daniel C. Dennett has long maintained that the Consequence Argument for incompatibilism is confused. In a joint work with Christopher Taylor, he claims to have shown that the argument is based on a failure to understand Logic 101. Given a fairly plausible account of having the power to cause something, they claim that the argument relies on an invalid inference rule. In this paper, I show that Dennett and Taylor’s refutation does not work against a better, more standard version of (...) the Consequence Argument. Therefore, Dennett and Taylor’s alleged refutation fails. (shrink)

Der Junge Hegel, a book of great scholarship and penetrating insight, was written as long ago as 1938, but the Second World War prevented its appearance until ten years later. In 1938 Lukács was a member of the Soviet Academy and he had, in an earlier work, maintained the thesis that many of the most important and crucial ideas in Marx’s philosophy were traceable back to Hegel. This contention brought upon him the disapproval of Soviet officialdom which declared his book (...) to be deviationist. As he had himself maintained that the constant duty of a true Communist was to accept the decision of the Party leadership, which was to be viewed as the authentic voice of the Proletariat, Lukács renounced his own published views. Not long after, the discovery of Marx’s early Economic and Philosophic Manuscripts proved that Lukács was right, too late to vindicate him officially. In effect, then, Der Junge Hegel is a reaffirmation and a new demonstration of the truth of the original thesis, now put forward with greater confidence and more secure evidence. (shrink)

Clinical diagnostic medicine is an experimental science based on observation, hypothesis making, and testing. It is an use dynamic process that involves observation and summary, diagnostic conjectures, testing, review, observation and summary, new or revised conjectures, i.e. it is an iterative process. It can then be said that diagnostic hypotheses are also ‘observation-laden’. My aim is to enlarge on the strategies of medical diagnosis as these are meshed in training and clinical experience—that is, to describe the patterns of reasoning used (...) by experienced clinicians under different diagnostic circumstances and how these patterns of inquiry allow further insight into the evaluation and treatment of patients. I do not aim to present a theory and illustrate it with examples; I wish rather am to let a realistic example, similar to actual clinical scenarios, direct the exposition. To this end, I introduce an account of medical diagnosis—briefly comparing and contrasting it to other accounts—in order to focus on discussing the process of diagnosis through a detailed clinical case. (shrink)

Four models of forgiveness are identified; the health model, the philosophical model, the Christian model and the prosocial model. All define the term ‘forgiveness’ in a way which is consistent with their particular perspective. The authors offer a definition of forgiveness and propose an integrated model of forgiveness which seeks to incorporate contributions from all four areas, but is not biased towards any one model. Four levels of transgression are identified and categorized according to the degree of perceived damage. Apology-automatic (...) and apology-dependent responses are distinguished from a forgiveness response which is restricted to Levels 3 and 4. The advantages of adopting a forgiveness strategy for both the forgiver and forgiven as opposed to other responses, i.e., revenge, denial, and condoning are discussed. The authors provide a definition and model which integrates the important contributions from each of the areas discussed. (shrink)

Controversy and activism have long been linked to the subject of primate research. Even in the midst of raging ethical debates surrounding fertility treatments, genetically modified foods and stem-cell research, there has been no reduction in the campaigns of activists worldwide. Plying their trade of intimidation aimed at ending biomedical experimentation in all animals, they have succeeded in creating an environment where research institutions, often painted as guilty until proven innocent, have avoided addressing the issue for fear of becoming targets. (...) One area of intense debate is the use of primates in stroke research. Despite the fact that stroke kills more people each year than AIDS and malaria, and less than 5% of patients are candidates for current therapies, there is significant opposition to primate stroke research. A balanced examination of the ethics of primate stroke research is thus of broad interest to all areas of biomedical research. (shrink)

The use of modeling and simulation methodologies is growing rapidly across the psychological and social sciences. After a brief introduction to the relevance of computational methods for research on human cognition and culture, we describe the sense in which computer models and simulations can be understood, respectively, as “theories” and “predictions.” Most readers of JoCC are interested in integrating micro- and macro-level theories and in pursuing empirical research that informs scientific predictions, and we argue that M&S provides a powerful new (...) set of tools for pursuing these interests. We also point out the way in which M&S can help scholars of cognition and culture address four key desiderata for social scientific research related to the themes of clarity, falsifiability, dynamicity, and complexity. Finally, we provide an introduction to the other papers that comprise this special issue, which includes contributions on topics such as the role of M&S in interdisciplinary debates, shamanism, early Christian ritual practices, the emergence of the Axial age, and the social scientific appropriation of algorithms from massively multiplayer online games. (shrink)

Business Ethics, the Environment & Responsibility, Volume 31, Issue 2, Page 453-473, April 2022.

Business Ethics: A European Review, EarlyView.

It is a thankless task to have to reply to Professor Murray Krieger’s “Retrospective.” Qui s’excuse, s’accuse, and since I cannot ask my readers to embark on their own retrospective of my writings and test them for consistency, I have little chance of restoring my reputation in their eyes. Hence I would have been happier to leave Professor Krieger to his agonizing, if he did not present himself the “spokesman” for a significant body of theorists who appear to have acclaimed (...) my book on Art and Illusion without ever having read it. The followers of this school of criticism—of which Professor Krieger is a prominent member—had apparently convinced themselves that the book lent support to an aesthetics in which the notions of reality and of nature had no place. They thought that I had subverted the old idea of mimesis and that all that remained were different systems of conventional signs which were made to stand for an unknowable reality. True, professor Krieger admits that I never endorsed such an interpretation of my views, and he even concedes that there are passages in Art and Illusion which contradict such an out-and-out relativism, but he wants to convince his readers that these contradictions lead precisely to the ambiguities he now proposes to analyse.If he were right that the book encourages such a misreading, all I could do would be to express my regrets for having failed to make myself sufficiently clear. Luckily I can draw comfort from the fact that unlike these literary critics, the leading archaeologist of this country, Professor Stuart Piggott, had no difficulty at all in discerning my meaning and profiting from my arguments. In his Walter Neurath Memorial Lecture of 1978, entitled Antiquity Depicted: Aspects of Archaeological Illustration, the author did me the honour of taking a statement from my book as his starting point. It is the passage at the end of part I in which I recapitulate the content of the first two chapters:What matters to us is that the correct portrait, like the useful map, is an end product on a long road through schema and correction. It is not a faithful record of a visual experience but the faithful construction of a relational mode.Neither the subjectivity of vision nor the sway of conventions need lead us to deny that such a model can be constructed to any required degree of accuracy. What is decisive here is clearly the word “required.” The form of a representation cannot be divorced from its purpose and the requirements of the society in which the given visual language gains currency.1 1. E. H. Gombrich, Art and Illusion: A Study in the Psychology of Pictorial Representation, A. W. Mellon Lectures in the Fine Arts, 1956 , p. 90. E. H. Gombrich was director of the Warburg Institute and Professor of the History of the Classical Tradition at the University of London from 1959 to 1976. His many influential works include The Story of Art, Art and Illusion, Meditations on a Hobby Horse, The Sense of Order, Ideals and Idols, The Image and the Eye, and, most recently, Tributes. His previous contributions to Critical Inquiry include “The Museum: Past, Present and Future and “Standards of Truth: The Arrested Image and the Moving Eye”. (shrink)

The traditional view that having a personality disorder, unlike other mental disorders, is not usually reason enough to consider a person incompetent to make healthcare decisions is challenged. The example of a case in which a woman was treated for a physical disorder without her consent illustrates that personality disorder can render a person incompetent to refuse essential treatment, particularly because it can affect the doctor–patient relationship within which consent is given.

Climate science denial results from ignorance and perpetuates ignorance about scientific facts and methods of inquiry. In this paper, I explore climate science denial as a type of active ignorance...

Aside from aperçus of Kant, Nietzsche, and of course, Aristotle, metaphor has not, until recently, received its due. The dominant view has been Hobbes': metaphors are an ‘abuse’ of language, less dangerous than ordinary equivocation only because they ‘profess their inconstancy’.

The target articles in this special section shed new light on the old question whether and how emotions influence action. However, what is missing is a straightforward motivational analysis—considering what we have learned from the science of explaining the “why” and “how” of behavior. I posit that emotions can influence the motivation process and thus action by fulfilling at least three functions: First, being grounded in needs, experienced emotions can function as strong need-like motivational states. Second, anticipated emotions can function (...) as incentives and justify action. Third, emotions can inform about progress in goal pursuit permitting behavior calibration. In summary, there is little doubt that emotions influence action. They can do so because they are hypo-phenomena of motivation. (shrink)

When I agreed to lecture to-night I stipulated that I might be allowed to interpret the subject announced so as to let my treatment relate less to the subject in general than to some particular aspects which happen to have been interesting me lately. Professor Whitehead, Sir Arthur Eddington, and Sir James Jeans have given to the world brilliant accounts of the present position of physics in relation to mathematics and philosophy. What I have to say bears to their writings, (...) the humble relation of an example to a piece of book-work, or of an application of a theorem to the theorem itself. (shrink)

This article describes a left-corner parser implemented within a cognitively and neurologically motivated distributed model of memory. This parser's approach to syntactic ambiguity points toward a tidy account both of surprisal effects and of locality effects, such as the parsing breakdowns caused by center embedding. The model provides an algorithmic-level account of these breakdowns: The structure of the parser's memory and the nature of incremental parsing produce a smooth degradation of processing accuracy for longer center embeddings, and a steeper degradation (...) when they are nested, in line with recall observations by Miller and Isard and speed-accuracy trade-off observations by McElree et al.. Modeling results show that this effect is distinct from the effects of ambiguity and exceeds the effect of mere sentence length. (shrink)

Hans Jonas argued that death is both a blessing and a burden, basing his argument on an evolutionary viewpoint. He highlighted the paradox that life carries the burden of death within itself. Daniel Callahan responded that Jonas’s failure to fully appreciate the value of life shows the deficiency of using evolution to explain how death could be a blessing for individuals. Jazmine Gabriel now convincingly defends Jonas against Callahan’s charges, showing that Jonas’s commitment to fight against the Nazis, his attack (...) against nihilism, and his rejection of the metaphysical dualism that opposes valuing, purpose-seeking humans against a value-free, purposeless world all demonstrate Jonas’s commitment to honoring individual lives. This paper affirms Gabriel’s response and advances the dialectic by considering a further paradox. As life carries within itself death, so does the blessing of death carry within itself the burden of death and the burden of death carry within itself the blessing of death. (shrink)

Examining the ways in which philosophers from Plato onwards have used the concept of power, this work develops a field theory of power that rejects many of the reigning assumptions made about power. Incorporating the insights of feminist theorists, it argues that power has a positive as well as a negative role to play in social relations.

Volume 34, Issue 8, December 2020, Page 1632-1645.

The present study investigated children's understanding that an object's history may increase its significance, an appreciation that underpins the concept of historical authenticity (i.e., the idea that an item's history determines its true identity, beyond its functional or material qualities, leading people to value real items over copies or fakes). We examined the development of historical significance through the lens of parent–child conversations, and children's performance on an authenticity assessment. The final sample was American, 79.2% monoracial White, and mid-high socio-economic (...) status (SES) and included 48 parent–child pairs: 24 with younger children (R = 3.5 to 4.5 years) and 24 with older children (R = 5.5 to 6.5 years). Parent–child pairs discussed three books we created, with three storylines: a museum (culturally authentic) storyline, a clean-up (personally authentic) storyline, and a control storyline. Across measures, conversations suggested that authenticity may begin as a “placeholder concept” that is initially rooted in a broad appreciation for the significance of old objects and only later filled in with specifics. This placeholder initially directs children's learning about authenticity by linking, in an unspecified way, the value and significance of objects to their past. For example, we found that young children appropriately appealed to history (vs. perceptual or functional features of objects) in contexts regarding authentic objects but struggled in determining which objects were more significant on the post-test assessment, suggesting that they attend to object history but are not yet sure how histories matter for making authenticity judgments. We also found some evidence that directing children's attention toward conceptual information related to object history may in turn direct them away from material or perceptual considerations, as seen in trade-offs in parents’ and children's conversations. Together, this exploratory report offers many new avenues for work on the development of authenticity concepts in childhood. (shrink)