Deleuze and jurisdiction : expressionism in jurisprudence -- Personal jurisdiction : the "method of dramatization" in the law of persons -- Minority and personal jurisdiction : judging sex in re alex -- Persons of animal law -- Deleuze, the law of things and subject-matter jurisdiction -- To put to flight : the right of possession -- The activity of judgment : law of actions and the procedural genre of jurisprudence -- Jurisdiction of control : judgment and procedural forms in Thomas (...) v Mowbray -- The locality of law : jurisdiction in Deleuze. (shrink)

ABSTRACTWhat use does the jurist have for rules and principles? What relation does he or she have to the articulation of facts? This paper considers the position of facts and rules in the casuistry...

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Edward H. Levi served the University of Chicago for most of his professional life, as a professor, dean of the law school, provost, and eventually president. Gathered here are fourteen talks he delivered between 1963 and 1969 that include such topics as the role of the university; the purposes of undergraduate and liberal education, professional training, and graduate research; the relations between the university and its surroundings; and the causes of student unrest. Throughout these talks, the reader will (...) find expressions of Levi’s essential belief that “the university must stand for reason and for persuasion by reasoning.”. (shrink)

The term, “bioethics” was coined in 1970 by American cancerologist V. R. Potter. In the few decades since, the field of bioethics has emerged as an important discipline. The field has attained a remarkable degree of public recognition in a relatively short period of time. The “right to die” cases such as In re Quinlan placed bioethical issues on the front pages. Although the discipline is of recent vintage, the past quarter century has witnessed a flurry of scholarly activity, creating (...) a substantial body of bioethical literature. Moreover, the bioethics movement has manifested itself in institutional expressions. Universities and medical schools have added courses in bioethics to their curricula. In 1974, federal legislation and regulations mandated that federal grantees conducting human subjects research establish institutional review boards to safeguard subjects’ welfare, and even absent a legislative mandate numerous hospitals created ethics committees. Centers and institutes, devoted exclusively to the study of bioethical issues, have been founded. (shrink)

It is argued that both neuroscience and physics point towards a similar re-assessment of our concepts of space, time and 'reality', which, by removing some apparent paradoxes, may lead to a view which can provide a natural place for consciousness and language within biophysics. There are reasons to believe that relationships between entities in experiential space and time and in modern physicists' space and time are quite different, neither corresponding to our geometric schooling. The elements of the universe may be (...) better described not as 'particles' but as dynamic processes giving rise, where they interface with each other, to the transfer, and at least in some cases experience, of 'pure'or 'active'information, the mental and physical just reflecting different standpoints. Although this analy-sis draws on general features of quantum dynamics, it is argued that purely quantum level events (and their 'interpretations') are unlikely to be relevant to the understanding of consciousness. The processes that might be able to give rise, within brain cells, to an experience like ours are briefly reviewed. It is suggested that the elementary signals that are integrated to generate a spatial experience may have features more in common with words than pixels. It is further suggested that the laws of integration of words in language may provide useful clues to the way biophysical integration of signals in neurons relates to integration of elements in experiential space. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Paul Oskar Kristeller 1905–1999Edward P. MahoneyPaul Oskar Kristeller was without doubt one of the most productive and accomplished scholars of this century. He received an excellent education in the classics at the Mommsen-Gymnasium in his native Berlin before going to the University of Heidelberg in 1923. There he pursued studies in a wide range of subjects, including medieval history, German literature, physics, and art history. The philosophy professors who (...) much influenced him both at Heidelberg and at Freiburg and Marburg were Ernst Hoffman, Karl Jaspers, Richard Kroner, and Martin Heidegger. In 1929 he received his doctorate from Heidelberg for his dissertation Der Begriff der Seele in der Ethik des Plotin, which was directed by Hoffman and published at Tübingen the same year. He then went to Berlin, where he engaged in formal studies in classical philology before going to Freiburg to do postgraduate work in philosophy with Heidegger during the years 1931 to 1933. Heidegger approved a study of Marsilio Ficino as Kristeller’s Habili-tationschrift and helped him to secure a fellowship enabling him to do research on Ficino and to begin writing. After visiting Italy during this period and taking into account the changed political scene in Germany, Kristeller decided in 1934 to move to Italy permanently. He taught in Florence in a high school for German Jewish students until he secured in 1935, with the help of Giovanni Gentile, a lectureship in German at the Scuola Superiore and the University of Pisa. He maintained throughout his academic career a personal and warm attachment to the Scuola Superiore. Moreover, he enjoyed throughout his subsequent career a warm and personal friendship with various Italian scholars that was first developed during his Italian stay in the thirties.While still in Italy, Kristeller completed his book on Ficino in 1937; he prepared an Italian version the next year. However, both the German and Italian versions would be published only years later. During this period he also engaged in manuscript studies in the major Italian cities, searching in particular for Ficino manuscripts. The result of these labors was his two-volume work, Supplementum Ficinianum: Marsilii Ficini Philosophi Platonici Opuscula Inedita et Dispersa, which was published by the Scuola Normale in 1937. He considered his “teachers” in manuscript studies to be Giovanni Cardinal Mercati, Monsignor Auguste Pelzer, and Ludwig Bertalot. Giovanni Gentile aided the publication of Kristeller’s Supplementum Ficinianum and subsequently helped him to emigrate to the United States. Kristeller always maintained a loyalty to Gentile and felt gratitude to him for extending him such help.In 1938 Kristeller lost his position at Pisa because of the Fascist anti-Semitic laws, but he was permitted to go to Rome where he assisted Bertalot in manuscript research at the Vatican library. Through the intervention of Roland H. Bainton, Dean P. Lockwood, Dom Anselm Strittmater, O.S.B., and other American [End Page 758] friends Kristeller was able to leave for the United States. He arrived at New York in February 1939 and spent the Spring term at Yale University. He was given an adjunct position at Columbia University for the fall term, holding the rank of Associate until 1948, when he was made an Associate Professor of Philosophy. By that time he had established himself as a major force in the development of Renaissance studies in the United States. His book on Ficino was translated into English as The Philosophy of Marsilio Ficino and published in 1943 by the Columbia University Press. The Italian version was published at Florence in 1953; a revised edition, containing a new bibliography that had been brought up to date, appeared in 1988.Kristeller published a large number of articles on a wide range of topics, establishing himself as a major interpreter of the significance of Renaissance humanism as well as a leading authority not only on Ficino and Renaissance Platonism but also on Pietro Pomponazzi and Renaissance Aristotelianism. He developed at Columbia bonds of friendship with Ernest A. Moody and John Herman Randall, Jr., both of whom had strong interests in late-medieval Aristotelianism. With Randall and Ernst Cassirer he prepared what would become a bestseller, the Renaissance Philosophy of Man: Selections... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Luther King, Jr., and the Legacy of Boston PersonalismJ. Edward Hackett1. IntroductionWhen the question of the Rev. Dr. Martin Luther King, Jr.’s philosophical legacy arises in the academy, so far, the question remains open-ended (though, as I will shortly argue, the question has already been answered by King himself). Beyond his presence in public American consciousness, King left behind speeches, sermons, correspondence, and writings that inspire both (...) philosophical and theological reflection. However, King is also interpreted on the merits of the biases and philosophical traditions that we scholars navigate. Such biases and philosophical traditions mediate our experience of encountering King, and this mediation can impact our understanding of what exactly King’s philosophical legacy is.1Accordingly, we should seek to reconstruct King’s thoughts in the philosophical vocabulary King employed rather than displacing King from his own agency and the contexts that shaped him.2 In doing so, we prevent mistakes and misunderstandings that plague the public knowledge of King’s legacy. And yet, serious misunderstanding occurs every January with light fluff pieces in major newspapers and websites from authors who do not read King’s corpus. What’s more, some scholars are guilty of this lack of reading King widely. Consider Martha Nussbaum and her glaring error and omission in her recent contribution to a recent book that purports to look at King as a philosopher: “Although a religious man, [King] did not advance in his political writings a comprehensive and religious doctrine, as Gandhi did” (Nussbaum 123). In an otherwise interesting article about political emotions, Nussbaum completely neglects any historical consideration or development where King describes himself as a personalist.3 Like others, Nussbaum disregards King’s own self-description. This disregard is tantamount to a silent [End Page 45] and implicit racism that results in scholarly efforts that deprive King of his own intellectual agency when interpreting his work. This tendency prevails in both philosophy and theology departments, and this neglect has also been the larger challenge of African American philosophy gaining more acceptance as a field of philosophical inquiry (McClendon and Ferguson 38). My efforts in this article are to put an end to continual misreadings of King. First and foremost, King is a personalist.While this essay defends the personalist interpretation of King, let me lay out briefly those pieces of evidence. The interpretation of King as a personalist rests on four evidential sources: (1) King’s own words, (2) family background, (3) influence of personalist ideas on his writings, and (4) the tradition of King’s reception by other Boston personalists. First, King describes himself in his own words as a personalist. This is perhaps the biggest piece of evidence for why we should read King as a personalist. Second, King was influenced by personalism before studying Brightman’s philosophy with Gregory Davis at Crozers Theological Seminary.4 Before Morehouse College and Crozers Theological Seminary, according to Rufus Burrow, homespun personalism emerges out of King’s upbringing within the Black Church. For this reason, scholars should not doubt that King synthesizes personalist influences with how he was raised (Burrow, God and Human Dignity 17–31). Moreover, given that King chose to go to Boston University to study with Brightman and to be where Boston personalism was known to be strong, all of these facts indicate that King was a personalist (Burrow, God and Human Dignity 24).Homespun personalism gave King a vocabulary to bring together and synthesize many intellectual forces in his life, and this synthesis is recognized by other personalists. Walter Muelder is one such personalist. Muelder was Dean of Boston University’s School of Theology from 1945–1972 when King attended. Muelder and King exchanged correspondence, and Muelder delivered many lectures, some published and others unpublished, on the personalism of King. The most famous of these lectures is one Muelder gave to Morehouse College in 1983, in which Brightman’s moral law system is read into King’s own words. Taking this historical background and also that, to this day, some teachers at Morehouse College, like Lawrence Carter, make their students learn the personalist moral law system from Muelder and Bright-man, the personalist interpretation... (shrink)

Law is indispensable to the public's health. The twentieth century proved this true as law contributed to each of the century's ten great public health achievements: vaccination, healthier mothers and babies, family planning, safer and healthier foods, fluoridation of drinking water, the control of infectious diseases, the decline in death from heart disease and stroke, recognition of tobacco use as a health hazard, motor vehicle safety, and safer workplaces.The readers of this journal can give examples of the relevant types of (...) laws with ease: Jacobson v. Massachusetts, the 1905 U.S. Supreme Court case that upheld the constitutionality of compulsory vaccination; mandatory immunization for school admission; authorization of state prenatal care programs; mandatory fortification of foods; Title X of the Public Health Service Act; the Pure Food and Drugs Act of 1906; the Safe Drinking Water Act of 1974, and hundreds of state and local enactments regulating food; fluoridation ordinanceswater, and sanitation; the Surgeon General's warning notices on cigarette packs and restrictions on marketing tobacco; seat belt laws and mandated vehicle and highway design features; and laws like the federal Occupational Safety and Health Act of 1970 that regulate working conditions. (shrink)

In many learning or inference tasks human behavior approximates that of a Bayesian ideal observer, suggesting that, at some level, cognition can be described as Bayesian inference. However, a number of findings have highlighted an intriguing mismatch between human behavior and standard assumptions about optimality: People often appear to make decisions based on just one or a few samples from the appropriate posterior probability distribution, rather than using the full distribution. Although sampling-based approximations are a common way to implement Bayesian (...) inference, the very limited numbers of samples often used by humans seem insufficient to approximate the required probability distributions very accurately. Here, we consider this discrepancy in the broader framework of statistical decision theory, and ask: If people are making decisions based on samples—but as samples are costly—how many samples should people use to optimize their total expected or worst-case reward over a large number of decisions? We find that under reasonable assumptions about the time costs of sampling, making many quick but locally suboptimal decisions based on very few samples may be the globally optimal strategy over long periods. These results help to reconcile a large body of work showing sampling-based or probability matching behavior with the hypothesis that human cognition can be understood in Bayesian terms, and they suggest promising future directions for studies of resource-constrained cognition. (shrink)

This paper re-constructs Plato's ‘philosophy of geometry’ by arguing that he uses a geometrical method of hypothesis in his account of the cosmos’ generation in the Timaeus. Commentators on Plato's philosophy of mathematics often start from Aristotle's report in the Metaphysics that Plato admitted the existence of mathematical objects in-between ( metaxu) Forms and sensible particulars ( Meta. 1.6, 987b14–18). I argue, however, that Plato's interest in mathematics was centred on its methodological usefulness for philosophical inquiry, rather than on questions (...) of mathematical ontology. My key passage of interest is Timaeus’ account of the generation of the primary bodies in the cosmos, i.e. fire, air, water and earth ( Tim. 48b–c, 53b–56c). Timaeus explains the primary bodies’ origin by hypothesising two right-angled triangles as their starting-point ( arkhê) and describing their individual geometrical constitution. This hypothetical operation recalls the hypothetical method which Socrates introduces in the Meno (86e–87b), as well as the use of hypotheses by mathematicians which is described in the Republic (510b–c). Throughout the passage, Timaeus is focussed on explicating the bodies in terms of their formal structure, without however considering the ontological status of the triangles in relation to the physical world. (shrink)

Critical legal scholarship has recently turned to consider the form, mode and role of law in neoliberal governance. A central theme guiding much of this literature is the importance of understanding neoliberalism as not only a political or economic phenomenon, but also an inherently juridical one. This article builds on these conceptualisations of neoliberalism in turning to explore the wider historical, cultural and sociological contexts which inform the production of neoliberal authority. The papers in this collection were first presented at (...) the symposium ‘Forms of authority beyond the neoliberal state’, held at the Griffith Law School in December 2017. They consider the role of the corporation, the site of the university, the politics of debt, the genre of prestige television, and the archic sources of state violence, in order to imagine forms of authority which lie beyond neoliberalism as an ideology and a set of practices, and the ensemble of institutions which constitute the neoliberal state. The contributions draw on social theory, philosophy, cultural studies, legal geography and political theology in exploring new possibilities for cultivating judgement through and beyond the sovereign, political and aesthetic terrains of neoliberal governance. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Advances in medicine in the latter half of the twentieth century have dramatically altered human bodies, expanding choices around what we do with them and how they connect to other bodies. Nowhere is this more so than in the area of reproductive technologies. Reproductive medicine and the laws surrounding it in the UK have reconfigured traditional boundaries surrounding parenthood and the family. Yet culture and regulation surrounding RTs have combined to try to ensure that while traditional boundaries may be pushed, (...) they are reconstructed in similar ways. This paper looks at the most recent RT to be permitted in the UK, mitochondria replacement therapy. Despite controversial media headlines surrounding the technique, MRT is in fact an example of how science and regulation seek to expand models of traditional relatedness in a way that doesn’t challenge the existing order. Yet, like other RTs, while attempts are made to ensure it doesn’t push traditional boundaries too far, fissures and inconsistencies appear in law and culture, which give interesting insights into how genetics, parentage and identity are being mediated in new but familiar ways. (shrink)

Schools in the UK teach pupils about Fairtrade as part of Religious Education, Personal and Social Education, Citizenship, Geography and so on. There are also Fairtrade Schools, where the whole school, including staff and parents, is committed to promoting the brand. It is argued here that promoting this commercial brand to schoolchildren and using the schoolchildren to press adults to buy a product amounts to indoctrination using criteria of intent, methods of teaching and the subject matter. This conflicts with (...) educational goals. It is also shown to be akin to the criminal offence of Unfair Trading: the methods used in teaching used would be unacceptable in normal commercial marketing. A completely separate criticism, based on a wide range of research evidence, is that the schools mislead by giving false information and by suppression of relevant information, again akin to the criminal offence of Unfair Trading. The question of who has the responsibility for preventing such actions is considered. (shrink)

In the years leading up to the Second World War the ethologists Konrad Lorenz and Nikolaas Tinbergen, created the tradition of rigorous, Darwinian research on animal behavior that developed into modern behavioral ecology. At first glance, research on specifically human behavior seems to exhibit greater discontinuity that research on animal behavior in general. The 'human ethology' of the 1960s appears to have been replaced in the early 1970s by a new approach called ‘sociobiology’. Sociobiology in its turn appears to have (...) been replaced by an approach calling itself Evolutionary Psychology. Closer examination, however, reveals a great deal of continuity between these schools. At present, whilst Evolutionary Psychology is the most visible form of evolutionary psychology, empirical and theoretical research on the evolution of mind and behavior is marked by a diversity of ideas and approaches and it is far from clear which direction(s) the field will take in future. (shrink)

Philosophy of Education in South Africa during the latter half of the 20th century was characterised by three ideological strands. The first was known as ‘Fundamental Pedagogics’, the second ‘Liberalism’, and the third ‘Liberation Socialism’ (i.e., Marxism/Freire). When apartheid formally ended in 1994 these strands lost their impetus and faded from educational debates, arguably because of the disappearance of apartheid itself, as the locus relative to which these ideological strands positioned themselves. This paper characterises these three positions and some of (...) their major proponents and ideas, and then present an overview of where philosophy of education in South Africa is now, nearly 30 years after apartheid. I suggest that since 1994 the strong, competing philosophical and ideological commitments that informed philosophy of education during apartheid have significantly dissipated, and have not been meaningfully replaced. Instead, education policy and curriculum are now arguably underpinned by neo-liberal concerns, and the results have been, and continue to be, an unmitigated disaster for schooling in South Africa. Part of the reason for this is because philosophy of education is much diminished, and no longer directly meaningfully contributes to, and informs, educational discourse, policy, teacher training and curriculum in South African schooling. (shrink)

People who wish to end their lives when they consider that they cannot endure further pain and suffering cannot legally obtain help to produce a peaceful death. The reality of practice seems to be that, covertly, physician-assisted suicide and voluntary euthanasia do take place. The value of personal autonomy in issues of consent has been clarified in the courts in that a competent adult person has the right to refuse or choose alternative treatments even if death will be the outcome. (...) This issue needs open discussion and regulation in order to protect those vulnerable people in our society. (shrink)

Metaphysics is the branch of philosophy that aims to give a theoretical account of what there is and what it is like. Social justice movements seek to bring about justice in a society by changing policy, law, practice, and culture. Evidently, these activities are very different from one another. The goal of this article is to identify some positive connections between recent work in metaphysics and social justice movements. I outline three ways in which metaphysical work on social reality can (...) make a contribution to movements seeking social justice, viz., (1) by providing basic categories and concepts useful for clarifying and defending claims made by social justice movements; (2) by offering accounts of the natures of social categories, structures, and institutions that these movements seek to change; and (3) by contributing to “unmasking” or “debunking” projects that reveal putatively natural arrange- ments to be social in nature and hence subject to moral critique, alteration, and possibly eradication. (shrink)

This article reports research in three Nottingham schools, concerned with (1) 'The school as fertile ground: how the ethos of a school enables everyone in it to benefit from the presence of artists in class'; (2) 'Children on the edge: how the arts reach those children who otherwise exclude themselves from class activities, for any reason' and (3) 'Children's voices and choices: how even very young children can learn to express their wishes, and then have them realised through (...) arts projects'. The research methodology was rooted in two modes of inquiry, philosophical investigation and action research. The article draws on this research to argue that arts-based work in school has helped disadvantaged and/or disaffected children to engage in activities (both arts-based and others), and to be able to lay the groundwork for exercising voice and agency as they did so. If social justice is to flourish there is a need for particular kinds of public spaces and a need to create conditions such that children can learn to participate in those spaces, whether or not they are comfortable with the usual settings for 'rational argument' or 'deliberative democracy'. It is suggested that arts-based education, in some forms, is one good way of creating these conditions. (shrink)

Throughout his career David Hull has sought to bring the philosophy of science into closer contact with science and especially with biological science (Hull 1969, 1997b). This effort has taken many forms. Sometimes it has meant ‘either explaining basic biology to philosophers or explaining basic philosophy to biologists’ (Hull 1996, p. 77). The first of these tasks, simple as it sounds, has been responsible for revolutionary changes. It is well known that traditional philosophy of science, modeled as it was on (...) theoretical physics, proved inadequate when philosophers turned their attention to biological science. Biological examples have driven major revisions of accounts of reduction (Hull 1974; Schaffner 1993, Ch. 9), laws of nature (Beatty et al. 1997), theories (Lloyd 1988) and natural kinds (Wilson 1999, Part III). Nor is explaining basic philosophy to biologists a task to be looked down upon. It is useful, not because philosophy has all the answers, but because scientists must think about how to do science, that is doing philosophy of science and scientists frequently reinvent philosophical views with known flaws. Early in his career Hull found biological systematists in the grip of a crude operationalism about scientific concepts and said so in the pages of Systematic Zoology (Hull 1968). For the next thirty years, as biologists debated the nature of species and the correct principles of classification, Hull added a philosophical note at the same congresses and in the same journals (Hull 1970, 1976, 1980, 1997a, 1999). (shrink)

Background: Besides regulatory learning skills, learning also requires students to relate to their social context and negotiate it as they transition and adjust to medical training. As such, there is a need to consider and explore the role of social and cultural aspects in student learning, particularly in problem-based learning, where the learning paradigm differs from what most students have previously experienced. In this article, we report on the findings of a study exploring first-year medical students’ experiences during the first (...) semester of an undergraduate problem-based learning medical program at an African medical school. Method: We employed a qualitative case study approach using in-depth interviews with 23 first-year medical students. Participants ranged in age from 18 to 25 years. All students were bi/multilingual (some spoke three to five languages), with English as the learning language. We conducted an inductive thematic analysis to systematically identify and analyze patterns in the data using the Braun and Clarke framework. Results: Before medical school, students worked hard to compete for admission to medical school, were primarily taught using a teacher-centered approach, and preferred working alone. At the beginning of medical school, students found it challenging to understand the problem-based learning process, the role of the case, speaking and working effectively in a group, managing a heavy workload, and taking increased responsibility for their learning. By the end of the first semester, most students were handling the workload better, were more comfortable with their peers and facilitators, and appreciated the value of the problem-based learning approach. Conclusions: Our study highlights the importance of interrogating contextual sociocultural factors that could cause tension when implementing problem-based learning in non-western medical schools. Adjustment to problem-based learning requires a conceptual and pedagogic shift towards learner-centered practice, particularly concerning self direction, the role of the case, and collaborative learning. As such, there is a need to develop and implement research informed learning development programs that enable students to reflect on their sociocultural beliefs and practices, and enhance their regulatory learning competence to optimize meaningful and early engagement with the problem based learning process. (shrink)

The conceptualisation of schooling is often based on “ideal children” in “ideal situations.” However, in determining the level of participation for children who are considered vulnerable in schooling, it is important to understand the lived experiences of these children. In this study, migrant children (particularly undocumented ones) in South Africa are the focus, and their lived experiences were considered through reflections from their parents and teachers. Data were collected using semi-structured interviews, and analysed using a constant comparative method of qualitative (...) analysis within a grounded theory approach. The study found that challenges affecting migrant children’s schooling include the lack of documentation, language barriers, issues of transition and adaptation (discrimination), and the inability to access further education. Strategies were identified to address the challenges, including schools liaising with the Department of Home Affairs, implementing cultural diversity programmes within the school, and through deliberate inclusive programmes. (shrink)

For Foucault, Hobbes is important for the transition from sovereignty to governmentality, but he does not always go into great detail how. In “Society Must Be Defended”, Hobbes’s reactions against the political historicism of his time lead him to an ahistorical foundation to the state. In Security, Territory, Population, his contract is emblematic of the art of government still caught in the logic of sovereignty. Management techniques, one of which being inheritance laws like primogeniture, inducing changes in a population’s milieu (...) so that its interest is properly directed allow the art of government to escape this logic. Hobbes supports primogeniture, but its historical position in the common law makes this support unexpected. This article examines the historical context of primogeniture and the reasoning for Hobbes’s support of it in light of Foucault’s claims about him in order to give more precision to those claims. The result is that primogeniture as a law of nature produces the family as an interested unit of the population. Yet this interest is itself historicized, so Hobbes’s attempt to de-historicize politics did not fully succeed. (shrink)

This article investigates some of the constraining factors experienced by 16 school-going mothers in the Okalongo circuit, Namibia. This was a qualitative phenomenological study, conducted through in-depth individual interviews, focus group discussions, and reflective journals with 16 school-going mothers between the ages of 17 and 20, purposively selected from three different public rural schools. This qualitative, phenomenological study analyses, through feminist and intersectionality theory, the lived experiences of these young mothers as they encounter the traditional, patriarchal attitudes and (...) practices of the Ovambadja community because these girls fell pregnant before their formal, cultural initiation. The article documents, through the voices of the young women themselves, the numerous constraints they experienced and overcame in their determination to complete their schooling. The findings show that, aside from the deeply held destructive patriarchal beliefs that significantly constrain and harm the mother-learners, the Namibian Learners Pregnancy Policy, which is intended to protect and ensure pregnant learners and motherlearners complete their schooling, is not being properly or effectively implemented. The study recommends an increase in efforts at the national level in Namibia to raise awareness among members of parliament, school administrators and principals, and all policymakers to develop better monitoring systems that will improve policy implementation in schools. (shrink)

This valuable book will give educators solution-based methods and research-based resources to improve classroom culture, as well as enabling schools to elevate students' engagement and academic achievement.

This book was first published in 1985. The journal is concerned with the study of philosophy in all its branches: logic, metaphysics, epistemology, ethics, aesthetics, social and political philosophy and the philosophies of religion, science, history, language, mind and education. The journal is not committed to any particular school or method and contributors are expected to avoid needless technicality. There is a section on new books which includes reviews, book notes and a list of books received.

The varied chapters of this book seek to capture the complexities of teaching and learning in today's schools, and they share an interest in exploring the influences of knowledge construction in the moment and over time. Teaching and learning are human processes, interrelated and dynamic. We assembled this collection to unpack what it means to teach and to learn, teasing out some of the implications and challenges of such complicated educational processes that are often misconstrued as causal or linear. As (...) educators currently residing in the United States, we find this a particularly pressing agenda, given the current focus on common core standards and reducing teaching and learning to conceptual and pedagogical stepby-step procedures. Our primary concern in putting together this book was to provide a conceptual and political foundation from which to construct and defend understandings and practices of teaching and learning that embody the complexity of educational endeavors and relationships. The isolation of teaching from learning, and the othering of both teachers and students, one from the other, suggests that knowledge is synonymous with information. This book challenges such assumptions. The project underlying this text can be seen as a means of rethinking how teachers' and students' perspectives of practice and curriculum influence what learning opportunities are provided to students. Chapters written by established and new thinkers in the field of education demonstrate the ways in which teachers reformulate relationships between teaching and learning in school settings. Our second objective is to examine local constructions of knowledge over time and how those constructions are consequential for teacher and student learning. By examining patterns of practice and processes of knowledge construction in elementary, secondary, and undergraduate classrooms, the authors of these chapters lay a foundation for examining commonalities and differences in the construction of knowledge and practices across educational levels, disciplines, and in-school and outof-school settings. (shrink)

Using the scientific investigation of the Shroud of Turin as an extended example, it is argued that miracles are best understood not as violations of natural law, but as scientifically inexplicable events. It is then argued that even though we can imagine circumstances in which science itself might provide us with good grounds for believing that an event is scientifically inexplicable, these grounds would at best provide us with circumstantial evidence that the event was miraculous, and would in any case (...) be inconclusive. (shrink)

Logical monism is the claim that there is a single correct logic, the 'one true logic' of our title. The view has evident appeal, as it reflects assumptions made in ordinary reasoning as well as in mathematics, the sciences, and the law. In all these spheres, we tend to believe that there aredeterminate facts about the validity of arguments. Despite its evident appeal, however, logical monism must meet two challenges. The first is the challenge from logical pluralism, according to which (...) there is more than one correct logic. The second challenge is to determine which form of logicalmonism is the correct one. One True Logic is the first monograph to explicitly articulate a version of logical monism and defend it against the first challenge. It provides a critical overview of the monism vs pluralism debate and argues for the former. It also responds to the second challenge by defending a particularmonism, based on a highly infinitary logic. It breaks new ground on a number of fronts and unifies disparate discussions in the philosophical and logical literature. In particular, it generalises the Tarski-Sher criterion of logicality, provides a novel defence of this generalisation, offers a clearnew argument for the logicality of infinitary logic and replies to recent pluralist arguments. (shrink)

A model of copyright protection under which the law’s attention is directed towards a dematerialized, malleable essence (‘originality’, ‘labour and skill’ or ‘creativity’) has gradually evolved in the UK. This model has come to regulate all fundamental questions concerning the scope and attribution of rights. Nevertheless, until very recently, some aspects of copyright doctrine have remained incompatible with this dominant model. In certain situations, rather than focusing purely on an abstract property, the law has continued to limit a copyright owner’s (...) powers by reference to the boundaries of the material form within which a protected work is first recorded. It is argued here that, while apparently inconsistent, this approach has served an important function in justifying judicial resistance to expansionist pressures in the law. Since 2009, however, this pragmatic, focus-shifting system has been destabilized by the copyright jurisprudence of the Court of Justice. The Court’s judgments in Infopaq International A/S v Danske Dagblades Forening and subsequent cases have dramatically accelerated the pace of copyright harmonization. As a result, it is possible that UK courts may be obliged to adopt a more consistently dematerialized system of copyright law and our courts may have been deprived of tools previously employed to resist unduly broad claims to copyright protection. The consequences of this development are explored in this article. (shrink)

Since its founding in 1943, Medievalia et Humanistica has won worldwide recognition as the first scholarly publication in America to devote itself entirely to medieval and Renaissance studies. Since 1970, a new series, sponsored by the Modern Language Association of America and edited by an international board of distinguished scholars and critics, has published interdisciplinary articles. In yearly hardbound volumes, the new series publishes significant scholarship, criticism, and reviews treating all facets of medieval and Renaissance culture: history, art, literature, music, (...) science, law, economics, and philosophy. (shrink)