Basic concepts in Habermas's theory of communicative action -- Habermas's "reconstruction" of modern law -- Discourse theory and the theory and practice of adjudication -- System, lifeworld, and Habermas's "communication theory of society" -- After between facts and norms : religion in the public square, multiculturalism, and the "postnational constellation".

There is more than one way to say that composition is identity. Yi has distinguished the Weak Composition thesis from the Strong Composition thesis and attributed the former to David Lewis while noting that Lewis associates something like the latter with me. Weak Composition is the thesis that the relation between the parts collectively and their whole is closely analogous to identity. Strong Composition is the thesis that the relation between the parts collectively and their whole is identity. Yi is (...) right that Strong Composition does not fully reflect my view. We must recognize further what, borrowing Lewis's characterization, could be called the "stronger, and stranger" Composition thesis, or what I'll call the Stronger Composition thesis for short. On Strong Composition, it is only collectively that the parts are identical with the whole. On Stronger Composition, they are individually identical with it as well. I will explain and motivate this thesis. (shrink)

In this volume--the first, focused study of Hume on time and identity--Baxter focuses on Hume’s treatment of the concept of numerical identity, which is central to Hume's famous discussions of the external world and personal identity. Hume raises a long unappreciated, and still unresolved, difficulty with the concept of identity: how to represent something as "a medium betwixt unity and number." Superficial resemblance to Frege’s famous puzzle has kept the difficulty in the shadows. Hume’s way of addressing it makes (...) sense only in the context of his unorthodox theory of time. Baxter shows the defensibility of that theory against past dismissive interpretations, especially of Hume’s stance on infinite divisibility. Later the author shows how the difficulty underlies Hume’s later worries about his theory of personal identity, in a new reading motivated by Hume’s important appeals to consciousness. Baxter casts Hume throughout as an acute metaphysician, and reconciles this side of Hume with his overarching Pyrrhonian skepticism. (shrink)

Ecocentrism has to establish an intrinsic connection between its basic value postulate of the non-instrumental value of the nonhuman world and a conception of human flourishing, on pain of failure to motivate acceptance of its social and political prescriptions. This paper explores some ideas recently canvassed by ecocentrists such as Robyn Eckersley, designed to establish this connection – transpersonal ecology, autopoietic value theory and ecofeminism – and finds them open to objection. An alternative approach is developed which concentrates on the (...) connection between non-human nature and person-hood, via the phenomenon of culture. Persons are conceived of as essentially culture-creators, and the fact of their embodiment in ecosystems is argued to be essential to their activities as culture creators. The variety and integrity of such systems thus turns out to be essential for the flourishing of what is essential to personhood. This means that ecocentrism has to be abandoned in its pure form, and replaced with person-centrism, but this conclusion is argued for on the basis of the extension of the concept of the self – a strategy often endorsed by ecocentrists themselves. (shrink)

Honor is a difficult field of inquiry that deserves systematic attention from social scientists. Honor is an internalized concern for recognition and approval that links reputation with conduct and helps sustain existing patterns of social selection and evaluation. The paper argues that scholars are remiss that consider the field of honor obsolete or a residual category left over from the transition to modern forms of social organization. A modern conception of honor is identified in the relationship of a reflexive self (...) and a larger moral and institutional order. A further effort is made to elaborate a reflexive approach to honor informed by the intersection of Pierre Bourdieu's theory of social reproduction and Erving Goffman's theory of self presentation. Honor is theorized as a multi-dimensional field that legitimates prevailing standards of evaluation and social selection contested in staged and consecrated interactions that are central to social reproduction. (shrink)

This book explores the relationship between modern technological progress and classical liberalism. The compatibility of classical liberalism and technology is questioned, using fiction and film as a window into Western society’s views on politics, economics, religion, technology, and the family.

In this article I wish to elucidate a form of receptivity in our relation to televisual images that cannot be reduced to the postmodern formula of a closed circuit of desire through which the self infinitely reproduces itself. Through analysis of the peculiar experience of viewing Gore Verbinski’s 2003 film The Ring, I argue for the possibility of an experience of alterity in and through the televisual. I pair this event with the religious experience of viewing the icon that Jean-Luc (...) Marion opposes to the televisual in his recent works collected in The Crossing of the Visible. The purpose of the comparison is not to conflate the two experiences but rather to suggest that the possibility for reclaiming a space for difference in a postmodern world lies within the televisual itself, the very medium that Marion credits with the bankruptcy of the aesthetic. In The Ring, the process through which the viewer expects to see her own desire reproduced is violently interrupted by a vengeful image that shatters the mirror of reflection between viewer and viewed and threatens to cross over that threshold — to cross the visible, in Marion’s terms. (shrink)

What are the political pathways to the dual earner/dual caregiver model? Are most countries likely to attain only a partial transformation of policies and societies, rather than a full embrace of this model? This article examines the development of work-family policies in Western Europe to probe the politics and consequences of these programs. In many countries, the political context frustrates efforts to enact a unified, comprehensive vision like the dual earner/dual caregiver model. Rather than achieving gender-egalitarian arrangements for work and (...) care, countries may stall halfway there. Advocates should be careful in what they ask for and be aware of the challenge of keeping gender-egalitarian goals at the center of a policy-making process over which they will not have full control. (shrink)

This paper describes a 'structural typology' to assist in the analysis of ways in which policy-makers in one country explore educational provision in another and seek to 'borrow' from it. In this analysis we look specifically at England's 'cross-national attraction' to education in Germany over the past 200 years. The paper aims to provide an analytical programme to use in comparative education and to facilitate exploration of the importance of context in shaping educational phenomena.

This book explores the transformational impact of new technological developments on legal practice. More specifically, it addresses knowledge management, communication, and e-discovery related technologies, and helps readers develop the project management and data analysis skills needed to effectively navigate the current, and future, landscapes. It studies the impact of current trends on business practices, as well as the ethical, procedural, and evidentiary concerns involved. Introducing novel interactive technologies as well as traditional content, the book reflects expertise from across the legal (...) industry, including practitioners, the bench, academia, and legal technology consultants. All of the contributing authors currently teach aspiring lawyers and/or paralegals and have identified a gap in the available instructional material. Rapid technology advances have radically changed the way we all live and work, and the legal profession is by no means exempt from the impact of these changes. In order to better assist their clients, and to better compete on the legal market, it is imperative for lawyers to understand the ethical, functional, and business consequences of new technologies on their respective practices. This book provides the necessary content by including legal technology texts, information about novel pedagogical technologies, helpful tools for managing legal technologies and IT staff, statistical methods, tips and checklists. (shrink)

Two things become one thing, something having parts, and something becoming something else, are cases of many things being identical with one thing. This apparent contradiction introduces others concerning transitivity of identity, discernibility of identicals, existence, and vague existence. I resolve the contradictions with a theory that identity, number, and existence are relative to standards for counting. What are many on some standard are one and the same on another. The theory gives an account of the discernibility of identicals using (...) phrases like “insofar as”. And it holds that standards for counting remain or shift depending on our purposes. (shrink)

: In a short and much-neglected passage in the second Critique, Kant discusses the threat posed to human freedom by theological determinism. In this paper we present an interpretation of Kant’s conception of and response to this threat. Regarding his conception, we argue that he addresses two versions of the threat: either God causes appearances directly or he does so indirectly by causing things in themselves which in turn cause appearances. Kant’s response to the first version is that God cannot (...) cause appearances directly because they depend essentially on the passive sensibility of finite beings. Kant’s response to the second version is that human beings are endowed with transcendental freedom, which blocks the causal transitivity that is presupposed by this version. We also contrast his position on this topic with Leibniz’s and Spinoza’s. (shrink)

Kant's theory of the intuitive intellect has a broad and substantial role in the development and exposition of his critical philosophy. An emphasis on this theory's reception and appropriation on the part of the German idealists has tended to divert attention from Kant's own treatment of the topic. In this essay, I seek an adequate overview of the theory Kant advances in support of his critical enterprise. I examine the nature of the intuitive intellect's object; its epistemic relation to its (...) object; its mode of comprehension; the relationship between these cognitive elements; and I ask which minds Kant regards as intuitive intellects. (shrink)

This essay interprets Butler’s distinction between identity in the loose and popular sense and in the strict and philosophical sense. Suppose there are different standards for counting the same things. Then what are two distinct things counting strictly may be one and the same thing counting loosely. Within a given standard identity is one-one. But across standards it is many-one. An alternative interpretation using the parts-whole relation fails, because that relation should be understood as many-one identity. Another alternative making identity (...) relative to sort fails, because whole and parts can be of the same sort. (shrink)

I argue that an individual has aspects numerically identical with it and each other that nonetheless qualitatively differ from it and each other. This discernibility of identicals does not violate Leibniz's Law, however, which concerns only individuals and is silent about their aspects. They are not in its domain of quantification. To argue that there are aspects I will appeal to the internal conflicts of conscious beings. I do not mean to imply that aspects are confined to such cases, but (...) the best way to start is to recognize them experientially. We can feel the conflicts within ourselves. In doing so we can feel some of our aspects. I will try to enhance our understanding of the concept of aspect by listing and formalizing some principles for its use. After that I will argue that all sorts of individual things have aspects, not just people who are conflicted. (shrink)

To the question whether Hume believed in mind-independent physical objects (or as he would put it, bodies), the answer is Yes and No. It is Yes when Hume writes “We may well ask, What causes induce us to believe in the existence of body? but ’tis in vain to ask, Whether there be body or not? That is a point, which we must take for granted in all our reasonings.” However the answer is No after inquiring into the causes of (...) that belief, when he writes, “What then can we look for from this confusion of groundless and extraordinary opinions but error and falsehood? And how can we justify to ourselves any belief we repose in them?” My view is that Hume’s Yes and No answers can best be accounted for by seeing him as a Pyrrhonian skeptic in the tradition of Sextus Empiricus. This interpretation, while finding considerable truth in the various positions canvassed, is closest to those of Norton, Fogelin, and especially Popkin. (shrink)

In recent years, scholars have come to understand emotions as dynamic and socially constructed—the product of interdependent cultural, relational, situational, and biological influences. While researchers have called for a multilevel theory of emotion construction, any progress toward such a theory must overcome the fragmentation of relevant research across various disciplines and theoretical frameworks. We present affect control theory as a launching point for cross-disciplinary collaboration because of its empirically grounded conceptualization of social mechanisms operating at the interaction, relationship, and cultural (...) levels, and its specification of processes linking social and individual aspects of emotion. After introducing the theory, we illustrate its correspondence with major theories of emotion construction framed at each of four analytical levels: cultural, interactional, individual, and neural. (shrink)

Governing Animals explores the role of the liberal state in protecting animal welfare. Examining liberal concepts such as the social contract, property rights, and representation, Kimberly K. Smith argues that liberalism properly understood can recognize the moral status and social meaning of animals and provides guidance in fashioning animal policy.

In The Frontiers of Justice, Martha Nussbaum argues that social contract theory cannot accommodate political duties to animals because it requires the parties to the contract to enjoy rough physical and mental equality. Her interpretation of the social contract tradi­tion is unpersuasive; social contract theory requires only that the parties be equally free and deserving of moral consideration. Moreover, social contract theory is superior to her capabilities approach in that it allows us to limit the scope of the community of (...) justice to animals we are capable of recognizing as subjects of justice and with whom we have a political relationship. (shrink)

Hume’s account of virtue (and beauty) entails that distinct things--a quality in the contemplated and a perception in the contemplator--are the same thing--a given virtue. I show this inconsistency is consistent with his intent. A virtue is a composite of quality and perception, and for Hume a composite is distinct things--the parts--falsely supposed to be a single thing. False or unsubstantiated supposition is for Hume the basis of most of our beliefs. I end with an argument that for Hume secondary (...) qualities are composites, not powers. (shrink)

In discussion of the "Principle of Identity" in the Treatise Hume presents a puzzle about identity - not a puzzle for semantics, like Frege's, but a puzzle for a theory of representation. In this essay I am less concerned with issues of Hume interpretation and more concerned with the puzzle itself.

Increasingly, feminist linguistic research has adopted a discursive perspective to learn how women and men ‘do’ leadership in gendered ways. ‘Women’ as a social category is made relevant to this study by virtue of the lack of female senior leaders in UK businesses. Much previous research has analysed leadership discourse in mixed gender groups, relying on theories that imply comparisons between men and women. Using an Interactional Sociolinguistic approach, this study aims to learn more about how women perform leadership in (...) the absence of men by analysing the spoken interactions of a women-only team who were engaged in a competitive leadership task. The analysis reveals that the women accomplish leadership in multiple and complex ways that defy binary gendered classifications. Nonetheless, there is a distinctive gendered dynamic to the team’s interactions which, it is argued, might be disadvantageous to women aspiring to senior positions. (shrink)

Pentecostals can be understood as contemporary Christian mystics, and doing so can aid one in both understanding and caring for them. The task of understanding them is facilitated by this category in that it allows one to inhabit a different mindset from what is typical in contemporary settings. Pentecostalism and charismatic movements work out of distinct, fundamental claims that together work as a kind of worldview, one that operates from a hyperawareness of God’s presence and a sensed empowerment of the (...) mystic’s self. The task of caring for them should honor these claims all the while being open to the Spirit’s presence and work. (shrink)

This paper provides an analysis of conscience-based refusals in healthcare from a Sartrean view, with an emphasis on the tension between individual responsibility and professional role morality. Conscience-based refusals in healthcare involve healthcare workers refusing to perform actions based on core moral beliefs. Initially this appears in line with Sartrean authenticity, which requires acknowledgment that one is not identical with professional role. However, by appealing to Sartre’s later social thought, I show that professional role morality is authentic when one considers (...) common group practices, which Sartre refers to as pledged group praxis. I demonstrate that for healthcare providers, authenticity mandates putting the goals and generally accepted praxis of healthcare front and center in the workplace decision process. I conclude by strengthening Andrew West’s existentialist decision-making model with Sartre’s later social thought. With the updated model, I show that for healthcare workers most often the authentic decision is to perform generally accepted healthcare procedures in spite of individual moral qualms. This is because working in healthcare necessitates viewing one’s professional tasks in their broader social context—as unified, communal group praxis. (shrink)

Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and (...) their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law. (shrink)

The relationship between technology, philosophy, and politics is both contentious and vital to our understanding of human nature and the ways human beings interact with one another in society; Francis Bacon outlined the wild potential and great danger of this relationship. Francis Bacon's New Atlantis in the Foundation of Modern Political Thought explores Bacon’s role as a founder of modern political science and the place of his New Atlantis in the founding of modern political thought.

Child and adolescent researchers must balance increasingly complex sets of ethical, legal, and scientific standards when investigating child and adolescent mental disorders. Few guidelines are available. One mechanism that provides the investigator immunity from legally compelled disclosure of research records is described. However, discretion must be exercised in its use, especially with regard to abuse reporting, voluntary disclosure of abuse, and protection of research data. Examples of discretionary issues in the use of the certificate of confidentiality are provided.

Although Hegel and feminism seem an unlikely couple, Hegelian philosophy played a prominent part in the thinking of groundbreaking feminist philosophers from Simone de Beauvoir to Luce Irigaray. This book offers a new generation of feminist readings of Hegel from leading scholars in the both fields. Through close readings and innovative arguments, this book makes a significant contribution to the debate on gender and provides insight into philosophical method.

Perceived discrimination has consistently been shown to be associated with diminished mental health, but the psychological processes underlying this link are less well understood. The present series of four studies assessed the role of a history traumatic events in generating a proliferation of discrimination stressors and threat appraisals, which in turn predict psychological distress (depressive and posttraumatic stress symptoms) (mediation model), or whether prior traumatic events sensitize group members, such that when they encounter discrimination, the link to stress-related symptoms is (...) heightened (moderation model). Each of the studies assessed a different marginalized group in Canada, including Indigenous peoples, Blacks, Jews, and a diverse sample of women. Participants completed measures assessing history of traumatic events, perceived explicit and ambiguous discrimination, discrimination threat appraisals, and symptoms of depression and posttraumatic stress. The four populations varied in their experiences, with Indigenous peoples encountering the highest levels of trauma, discrimination, and psychological distress symptoms. A mediated model was evident among Indigenous peoples and women, possibly reflecting the role of systemic processes that engender discrimination when traumatic events are experienced. There was evidence for a moderating role of a history of traumatic events on the relations between discrimination and depressive symptoms among Jewish and Black participants. Although the hypothesized synergistic effects of traumatic experiences were noted when assessing the relation between perceived discrimination and depressive symptoms among Jews, the presence of trauma blunted these relations among Blacks. The results suggest that trauma-informed approaches to addressing stress-related processes and psychological outcomes need to consider the unique social context of members of various socially marginalized groups. (shrink)

BackgroundStory recall tests have shown variable sensitivity to rate of cognitive decline in individuals with Alzheimer’s disease biomarkers. Although SR tasks are typically scored by obtaining a sum of items recalled, item-level analyses may provide additional sensitivity to change and AD processes. Here, we examined the difficulty and discrimination indices of each item from the Logical Memory SR task, and determined if these metrics differed by recall conditions, story version, lexical categories, serial position, and amyloid status.Methodsn = 1,141 participants from (...) the Wisconsin Registry for Alzheimer’s Prevention longitudinal study who had item-level data were included in these analyses, as well as a subset of n = 338 who also had amyloid positron emission tomography imaging. LM data were categorized into four lexical categories, and by serial position. We calculated difficulty and discriminability/memorability by item, category, and serial position and ran separate repeated measures ANOVAs for each recall condition, lexical category, and serial position. For the subset with amyloid imaging, we used a two-sample t-test to examine whether amyloid positive and amyloid negative groups differed in difficulty or discrimination for the same summary metrics.ResultsIn the larger sample, items were more difficult in the delayed recall condition across both story A and story B. Item discrimination was higher at delayed than immediate recall, and proper names had better discrimination than any of the other lexical categories or serial position groups. In the subsample with amyloid PET imaging, proper names were more difficult for Aβ+ than Aβ−; items in the verb and “other” lexical categories and all serial positions from delayed recall were more discriminate for the Aβ+ group compared to the Aβ− group.ConclusionThis study provides empirical evidence that both LM stories are effective at discriminating ability levels and amyloid status, and that individual items vary in difficulty and discrimination by amyloid status, while total scores do not. These results can be informative for the future development of sensitive tasks or composite scores for early detection of cognitive decline. (shrink)