This paper is divided into two parts. Part I focuses on the manner in which the components of the face recognition system work together so that a perceiver, within several hundred milliseconds after seeing a familiar face, is able to both identify the face of the perceived and recall elements of the history of past encounters with the perceived. Face recognition plays a crucial role in enabling both human and nonhuman primates to interact in collaborative social groups. This critical function (...) is accomplished through the unidirectional coded transfer of informational elements from one component to another. Although these informational elements themselves are not meaningful to the perceiving agent, they do nevertheless contain essential bits of information that are necessary for the final formation of the meaningful message. The structural components of the system are identified and the manner in which informational elements are coded and transferred sequentially from component to component in the brain of the perceiver is described. The independent, physically separated components in the face recognition system are bridged by an additional component, an “adaptor”, that mediates the transfer of informational elements from one component to another. The nature of the independent systems, and the manner by which the bridging or adaptor apparatus enables coded information transfer from one system to another is discussed. Part II focuses on the analysis of recognition in human-designed sign systems such as Braille and Morse code. Recognition in human-designed sign systems is notable for the stability of the link between sign and meaning. Face recognition is characterized as being subjective, indicating that the meaning of a sign to a perceiver is variable and dependent on context, whereas human-devised sign recognition is characterized as being objective, indicating that the meaning of a sign is context independent and invariant. Human-designed sign systems require the presence in brain of a referent world. An example of a referent world is the set of letters of the alphabet. Representations of this set are installed in the brain through social mediated learning. Human-designed sets of signs are created to correspond, via a code enabling adaptor structure, to referent worlds in the brain. Human-designed sign systems are the foundations for literacy, a capability only found in humans. (shrink)

This Essay examines the elegantly simple idea that consent to medical treatment or participation in human research must be “informed” to be valid. It does so by using as a case study the controversial clinical research trial known as the Surfactant, Positive Pressure, and Oxygenation Randomized Trial. The Essay begins by charting, through case law and the adoption of the common rule, the evolution of duties to secure fully informed consent in both research and treatment. The Essay then utilizes the (...) SUPPORT study, which sought to pinpoint the level of saturated oxygen that should be provided to extremely low birth weight infants to demonstrate modern complexities and shortcomings of the duty to secure informed consent. This Essay shows how the duty is measured by foreseeability of risks and benefits in human research and why federal regulators believed the tradeoffs in risk and benefits from differing oxygen levels administered in the support study were foreseeable. It then explores the contours of the duty to secure informed consent when applied to researchers who also serve as treating physicians, highlighting how common law duties differ in jurisdictions that apply the professional standard and those that apply the patient-centered material risk standard. This Essay provides new insight into what the law must do to make real the notion that [e]very human being of adult years and sound mind has a right to determine what shall be done with his body.”. (shrink)

Classic analysis of the subject and the development of personal probability; one of the greatest controversies in modern statistcal thought. New preface and new footnotes to 1954 edition, with a supplementary 180-item annotated bibliography by author. Calculus, probability, statistics, and Boolean algebra are recommended.

The majority of North American corporations awakened to the need for their own ethical guidelines during the late 1970s and early 1980s, even though modern corporations are subject to a surprising multiplicity of external codes of ethics or conduct. This paper provides an understanding of both internal and external codes through a discussion of the factors behind the development of the codes, an analysis of internal codes and an identification of problems with them.

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

We statisticians, with our specific concern for uncertainty, are even more liable than other practical men to encounter philosophy, whether we like it or not. For my part, I like it comparatively well. That is why the honor of opening this session of discussion has come to me, though my background makes my knowledge and idiom somewhat different from your own.

In this article a case is made for the importance of a previously overlooked phenomenon, physical empathy orcompathy,defined as the physical manifestation of caregiver distress that occurs in the presence of a patient in physical pain or distress. According to the similarity of a caregiver's response to the original symptoms, there can be four types of compathetic response: identical, initiated, transferred, and converted. Controlling for the compathetic response may involve narrowing one's focus and/or changing caregiver attitudes. Finally, we argue that (...) while the compathetic response may be beneficial to the caregiving relationship, enabling the provision of appropriate and adequate humane treatment and care, the caregiver must at times shield against the compathetic response in order to provide care. (shrink)

In this essay, Leonard Waks examines John Dewey's account of listening, drawing on Dewey's writings to establish a direct connection in his work between listening and democracy. Waks devotes the first part of the essay to explaining Dewey's distinction between one-way or straight-line listening and transactional listening-in-conversation, and to demonstrating the close connection between transactional listening and what Dewey called “cooperative friendship.” In the second part of the essay, Waks establishes the further link between Dewey's notions of cooperative friendship (...) and democratic society with particular reference to machine-age technologies of mass communication. He maintains that while these technologies provide the means for extending communications throughout modern industrial nations, they simultaneously undermine the conditions fostering face-to-face listening-in-conversation. It remains an open question, Waks concludes, whether new educational arrangements incorporating interactive digital communication technologies will embody and promote transactional listening-in-conversation and revitalized democratic community. (shrink)

This article reviews key philosophical and legal underpinnings of mental health professionals' obligation to obtain informed consent from consumers of their services. The basic components of informed consent are described, and strategies for clinically and ethically appropriate methods of obtaining informed consent are discussed. Emerging issues in informed consent involving duty to assess and protect against client dangerousness, obligations to third parties, and issues of deception are considered as well. The article proposes that part of the process of obtaining informed (...) consent is the cultivation of a treatment environment that emphasizes beneficence and client autonomy. (shrink)

(2004). Workplace Learning in America: Shifting roles of households, schools and firms. Educational Philosophy and Theory: Vol. 36, No. 5, pp. 563-577.

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders and demonstrate that the law (...) leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime. (shrink)

The Indian-America philosopher Sri Chinmoy Ghose has distinguished between outer silence, inner silence, and innermost silence. In this paper I explore these distinctions and their educational relevance. My main conclusions are that (a) a deep inner silence, undistracted by questions or other thoughts, is at the root of one paradigm kind of good listening in education, and (b) what Chinmoy refers to as “innermost silence” is the moral virtue of receptivity to others that sustains inner silence, even under challenging conditions, (...) a virtue of importance in teaching and in learning from others. (shrink)

This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains, which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables (...) under investigation. The essay considers what executive function is and what the neuroscience adds to our understanding of it. Then it addresses moral and legal responsibility generally, and specific doctrines. Executive function is seldom found to be the most perspicuous approach to any of the general or specific moral and legal questions. (shrink)

This chapter addresses the many topics concerning the mind that Michael Moore has written about for many decades, including the metaphysics of mind and action, the act requirement in criminal law, the basis for the excuse of legal insanity, a volitional or control excuse, and the relation of the new neuroscience to law. Rather than primarily responding to Moore’s influential work, the chapter largely considers issues that are complementary to Moore’s work. The chapter does question whether metaphysical issues must be (...) resolved to engage in constructive legal analysis, but concludes generally that Moore is right about most topics he covers. There is room for constructive disagreement, however, and the chapter notes the areas in which this is fruitful. (shrink)

This article suggests that investigational deep brain stimulation (DBS) for mental disorders raises few new bioethical issues. Although the scientific basis of the procedure may be both complex and largely unknown, addressing informed consent in such situations is a familiar problem. After reviewing the legal and moral background for investigating DBS and the scientific difficulties DBS faces as a potential treatment for mental disorders, the article focuses on informed consent and makes two primary suggestions. The study of DBS may proceed, (...) but “hyper-disclosure” of the complexities should be required for competent subjects or proper surrogates if the candidate is not competent, and the most rigorous standard for competence should be employed. Throughout, neuromodesty and caution are urged. (shrink)

The Global Ethic is the set of basic principles of right and wrong which in fact are found in all the major, and not so major, religions and ethical systems of the world, past and present. It does not go beyond the existing commonalities. However, this de facto existing broad basic agreement on ethical principles, unfortunately, is largely unknown by most religious and ethical persons. If they were aware of this commonality, that would provide a broad basis for serious dialogue (...) and collaboration among the adherents of all the religions and ethical systems of the world. Lacking that awareness, far too often different religions and ethical systems foster destructive, rather than constructive, relations. Hence, it is vital to foster a conscious knowledge of the de facto existing Global Ethic. The Movement for a Global Ethic - drafting of a Universal Declaration of a Global Ethic and promoting knowledge and practice - was launched in 1991. Where did the idea of a movement for a Universal Declaration of a Global Ethic come from? New ideas, new movements, don't just appear out of thin air. When "integrating" forces pointing toward something "new" gradually gather below the conscious level, they slowly reach a critical point, and then suddenly a "new" idea will "precipitate," like the "quality of mercy, which droppeth as the gentle rain from heaven upon the place beneath." Thus, it also happened with the Movement for a Global Ethic. In this book, Dr. Leonard Swidler and 11 colleagues propose their perspectives on the Global Ethic from the vantage points of various religions. (shrink)

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame (...) and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion. Key Features: - Concise and accessible format - Theoretical explication of doctrinal intricacies - Informative coverage and real world examples of criminal law - Discussion of the challenges and responsibilities surrounding legal concepts of the person. Providing a compact and succinct introduction to the rich scholarship of the field, this Advanced Introduction will be an ideal read for lawyers and law students interested in criminal law and justice. It will also be a valuable resource for law enforcement personnel and anyone looking to understand the role of criminal law as a means to achieve justice and social safety. (shrink)

Important works in the Dewey corpus — particularly those discussing the theory and practice of art and aesthetic education, prepared from 1896 through 1900 while Dewey was working out the plan for the University's Laboratory School—remain virtually unstudied. When interpreting or building upon Dewey's theory of art and art education, scholars have relied on major works including _Democracy and Education, Experience and Nature_, and _Art as Experience_. The purpose of this paper is to revisit the Lab School works and reinterpret (...) them for contemporary philosophers of education and art educators. (shrink)

Rorty's neopragmatism is an attempt to retrofit Dewey's experimentalism for the post-modern situation. Specifically, he substitutes "language" for "experience" and "culture" for "science", to arrive at a philosophy "no closer to science than to art". I argue that the first move results from misunderstanding of the role experience plays in the context of verification in Dewey's experimental logic. The second move leaves Rorty without any alternative method even for approaching the very problems which Dewey proposed to solve with his experimentalism.

Two types of conception of a Way of Life are important for a consideration of the question of the forming and testing of ideals of conduct, and consequently for a consideration of our questions regarding the relation of ideals to practice. The one type is more, the other type less general. The one has reference to man as man, the other to particular classes of man, with relation to their specific function in society. The former issues in the idea of (...) a universal ethic, the latter in the idea of a professional code. Thus the former has a wider generality, the latter has a greater concreteness. Ethical progress seems to me to require that both types should be kept in view, and used to guide man's efforts. (shrink)