This paper consists of commentaries about and the reprint of an autobiographical essay authored by Italian medium Eusapia Palladino and published in 1910. The details of the essay are discussed in terms of the writings of other individuals about the life and performances of the medium. The essay conveys a view of Palladino as a person who has suffered much in life and has a mission to help scientific research into mediumship. Typical of the positive emphasis in autobiographies in general, (...) the medium did not discuss negative aspects of her performances. Due to the fact that the essay appeared during Palladino's visit to New York City in which many authors branded her as a fraud, it may be speculated that the purpose of this autobiography was to elicit sympathy from the American public. While some of the statements that Palladino made about phenomena are consistent with the statements of other authors who have written about her, there are several statements that show alternate or incomplete versions of particular events in her life. The differences suggests that Palladino's essay and other discussions about the medium's life are not reliable when it comes to specific details and to biographical accuracy. (shrink)

This book's importance is derived from three sources: careful conceptualization of teacher induction from historical, methodological, and international perspectives; systematic reviews of research literature relevant to various aspects of teacher induction including its social, cultural, and political contexts, program components and forms, and the range of its effects; substantial empirical studies on the important issues of teacher induction with different kinds of methodologies that exemplify future directions and approaches to the research in teacher induction.

Articles by two American mathematicians, E. V. Huntington and Oswald Veblen, are discussed as examples of a movement in foundational research in the period 1900-1930 called American postulate theory. This movement also included E. H. Moore, R. L. Moore, C. H. Langford, H. M. Sheffer, C. J. Keyser, and others. The articles discussed exemplify American postulate theorists' standards for axiomatizations of mathematical theories, and their investigations of such axiomatizations with respect to metatheoretic properties such as independence, completeness, and (...) consistency. (shrink)

A lot of what we understand to be trust is not trust; it is, instead, an active and conscious decision to feign trust. We call this ‘as-if’ trust. If trust involves taking on risks and vulnerabilities, as-if trust involves taking on surplus risks and vulnerabilities. People may decide to act as if they trust in many situations, even when they do not have sufficient warrant to trust – which is to say even when they do not trust. Likewise, people might (...) decide to act as if they trust even when they have good reasons to actively distrust. The surplus risks of as-if trust may be worth taking in a number of different contexts and for many reasons. We argue that as-if trust is a concept that should be added to our theoretical, practical, and political vocabularies of trust and distrust. In doing so, we discuss the main reasons for someone to act as if they trust. We then show that the practice of as-if trust has been recognized by other scholars but treated as trust. In response, we clarify how as-if trust differs from trust, and we discuss the utility and ubiquity of as-if trust, especially in politics. (shrink)

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that (...) criminal punishment can be justified by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms. (shrink)

This comprehensive anthology draws together classic and contemporary readings by leading philosophers on epistemology. Ideal for any philosophy student, it will prove essential reading for epistemology courses, and is designed to complement Robert Audi's textbook _Epistemology: A Contemporary Introduction_. Themes covered include, perception, memory, inductive inference, reason and the a priori, the architecture of knowledge, skepticism, the analysis of knowledge, testimony. Each section begins with an introductory essay, guiding students into the topic. Includes articles by: Russell, Hume, Berkeley, Malcolm, Quine, (...) Carnap, J.L. Austin, Pollock, Nozick, Putnam, G.E. Moore, Huemer, Reid, Plato, BonJour, Coady, Carroll, Fumerton, Edwards, Foster, Howson, Urbach, Stove, Empiricus, Oakley, Alston, Gettier, Clark, Goldman, Lehrer, Paxson, DeRose, Dretske, Klein and Chisholm. (shrink)

As one of the most important movements in twentieth century legal thought, legal realism continues to be a source of controversy and inspiration. This study provides the first critical comparison and evaluation of American and Scandinavian legal realism. Presenting, evaluating, and reformulating the basic ideas of American legal realists such as Karl Llewllyn, Walter Wheeler Cook, Herman Oliphant, Jerome Frank, and Underhill Moore in the first part of the book, the author devotes the second part to a critical appraisal (...) and reformulation of the major doctrines of Scandinavian legal realists such as Axel Hägerström, A. V. Lundstedt, Karl Olivecrona, and Alf Ross. The book also reveals the misunderstanding of legal realism by legal philosophers such as H. L. A. Hart and Ronald Dworkin and the connections of legal realism to the critical legal studies movement. (shrink)

Clinical ethics consultants face a wide range of ethical dilemmas that require broad knowledge and skills. Although there is considerable overlap with the approach to adult consultation, ethics consultants must be aware of differences when they work with infant, pediatric, and adolescent cases. This article addresses unique considerations in the pediatric setting, reviews foundational theories on parental authority, suggests practical approaches to pediatric consultation, and outlines current available resources for clinical ethics consultants who wish to deepen their skills in this (...) area. (shrink)

Contemporary psychological research that studies how people apply mathematics has largely viewed mathematics as a computational tool for deriving an answer. The tacit assumption has been that people first understand a situation, and then choose which computations to apply. We examine an alternative assumption that mathematics can also serve as a tool that helps one to construct an understanding of a situation in the first place. Three studies were conducted with 6th‐grade children in the context of proportional situations because early (...) proportional reasoning is a premier example of where mathematics may provide new understanding of the world. The children predicted whether two differently‐sized glasses of orange juice would taste the same when they were filled from a single carton of juice made from concentrate and water. To examine the relative contributions and interactions of situational and mathematical knowledge, we manipulated the formal features of the problem display (e.g., diagram vs. photograph) and the numerical complexity (e.g., divisibility) of the containers and the ingredient ratios. When the problem was presented as a diagram with complex numbers, or “realistically” with easy numbers, the children predicted the glasses would taste different because one glass had more juice than the other. But, when the problem was presented realistically with complex numbers, the children predicted the glasses would taste the same on the basis of empirical knowledge (e.g., “Juice can't change by itself”). And finally, when the problem was presented as a diagram with easy numbers, the children predicted the glasses would taste the same on the basis of proportional relations. These complex interactions illuminate how mathematical and empirical knowledge can jointly constrain the construction of a new understanding of the world. We propose that mathematics helped in the case of successful proportional reasoning because it made a complex empirical situation cognitively tractable, and thereby helped the children construct mental models of that situation. We sketch one aspect of the mental models that are constructed in the domain of quantity—a preference for specificity—that helps explain the current findings. (shrink)

Whilst the role of Maturation or M‐phase Promoting Factor (MPF) as a universal M‐phase regulator is well documented, much less attention has been paid to its role in nuclear transplantation experiments and especially to its influence upon remodelling of transplanted nuclei. There is currently wide acceptance that successful nuclear transplantation using differentiated nuclei is possible only in a cytoplasmic environment that is capable of inducing rapid nuclear de‐differentiation to a pronuclear‐like form. In this review our purpose is firstly, to outline (...) the conditions under which such remodelling can be induced, and secondly, to extend the debate to include a consideration of whether complete nuclear remodelling is an absolute necessity for clonal development. (shrink)

Organizational virtue orientation (OVO), an organizational-level construct, refers to the integrated set of beliefs and values that support ethical character traits and virtuous behaviors. To advance the study of organizational virtue, we examine OVO in firms making their initial public offerings (IPOs), with respect to key external stakeholders that serve as financial intermediaries (i.e., venture capital firms and underwriting banks). Drawing on stakeholder and resource dependence theories, we argue that mutual interdependencies occur between financial intermediaries and IPO firms such that (...) venture capital firms’ ownership levels and underwriter reputation are positively associated with the selection of more virtuous IPO firms. We also argue for the moderating relationship of IPO firm age on these main relationships; since IPO firms have more history and information availability, less importance will be placed on OVO in the selection process. In support of our hypotheses, the results of this study suggest the organizational virtue of IPO firms influences the selection decisions of financial intermediaries by reflecting positively on these key stakeholders to improve legitimacy and reputation. (shrink)

Originally published: Oxford: Clarendon, 1997.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.

Using the theft of Indigenous land and territory and the destruction of Indigenous political authorities as an example, this paper examines two theories of territorial rights in relation to their treatment of historical territorial injustices. We apply Simmons’s historical theory of rights over territory, and the occupancy/self-determination theory of territorial rights associated with Moore and Stilz, to three problems: the Continuity Problem, the Particularity Problem, and the Distributive Justice Problem. We argue that the occupancy/self-determination theory is more promising for (...) resolving all three, but that the historical title theory can also be modified to accommodate this insight. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

In this far-reaching essay, historian Michael Edward Moore examines modernity as an historical epoch following the end of the medieval period -- and as a "messianic concept of time." In the early twentieth century, a debate over the meaning and origins of modernity unfolded among the philosophers Ernst Cassirer, Hans-Georg Gadamer and Hans Blumenberg. These thinkers tried to resolve the puzzle of the fifteenth-century master Nicholas of Cusa. Was Cusanus the last great medieval thinker, his ideas a summa (...) of medieval tradition? Or was he a mysterious epochal figure, seated at one end of the bridge leading to modern thought? Nicholas of Cusa lived during a time of historical and existential crisis, or kairos, when medieval governments and cherished sources of unity were shaken. Likewise, the debate over his significance took place during a later phase of crisis for Europe, in the decades before and after the Second World War, when the collapse of European civilization was witnessed. Moore argues that modernity, so intently examined as an historical and spiritual problem, has significance for our contemporary sense of crisis. (shrink)

Reiner Schürmann’s work received a much delayed reception due to his early death and a complicated situation surrounding his estate. In a personal account of his experiences, the author describes essential stages that led to numerous posthumous publications and translations and outlines Schürmann’s understanding of the concept of “origin,” which is central to his thinking, along the lines of his literary practice against the background of a lifelong confrontation with his own biography.

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

In this article, the co-editors of the Leadership and Ethics: Quantitative Analysis section of the journal outline some of the key issues about conducting quantitative research at the intersection of business, ethics, and leadership. They offer guidance for authors by explaining the types of papers that are often rejected and how to avoid some common pitfalls that lead to rejection. They also offer some ideas for future research by drawing upon the opinions of four noted experts in the field to (...) consider the types of research questions we should be asking, the types of theory we should be building, the types of models we should be testing, and the types of methods we should be using. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we havecausedby the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “caused… abuse to the child….” More often, the causal element in criminal liability is more implicit, as when (...) criminal statutes prohibitkillings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)

The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...) with doctrines of duty, the duty question being determined by the question of whether a certain person and a certain harm are within the risk that makes a defendant negligent. The article aims to explode entirely the risk analysis. After beginning with an examination of the historical roots of the risk analysis, we then seek to show that the risk analysis is: conceptually incoherent because it seeks to isolate a risk that makes someone negligent; normatively undesirable because it allows quite blameworthy actors not to pay for the harms they culpably cause; and descriptively inaccurate of the cases decided on the more traditional, proximate cause bases. (shrink)

Orang-utans played a communication game in two studies testing their ability to produce and comprehend requestive pointing. While the ‘communicator’ could see but not obtain hidden food, the ‘donor’ could release the food to the communicator, but could not see its location for herself. They could coordinate successfully if the communicator pointed to the food, and if the donor comprehended his communicative goal and responded pro-socially. In Study 1, one orang-utan pointed regularly and accurately for peers. However, they responded only (...) rarely. In Study 2, a human experimenter played the communicator’s role in three conditions, testing the apes’ comprehension of points of different heights and different degrees of ostension. There was no effect of condition. However, across conditions one donor performed well individually, and as a group orang-utans’ comprehension performance tended towards significance. We explain this on the grounds that comprehension required inferences that they found difficult – but not impossible. The finding has valuable implications for our thinking about the development of pointing in phylogeny. (shrink)

The Breivik case in Norway has motivated a reassessment of Norwegian insanity law by the Norwegian government. Because Norway since 2002 has utilized a “medical model” for legal insanity—a model according to which the legal excuse of insanity is identified with some medical concept such as psychosis—the Norwegian reexamination of its law is not without interest throughout the world. In this paper, I utilize the Anglo-American experience with different medical models for insanity to assess the current Norwegian law on insanity. (...) I defend a strong version of the medical model against standard criticisms advanced against it in the Anglo-American literature, and venture some suggested improvements in how that model was applied in the Breivik case. (shrink)

Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship (including my own) can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a (...) much more general insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself.In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall callthe choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom (capacity and opportunity) to avoid doing. The second I shall callthe character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by (or in some other way expressive of) those enduring attributes of ourselves we call our characters. (shrink)

Professor Michael S. Moore, Charles R. Walgreen, Jr. Chair and Co-Director, Program in Law and Philosophy at the University of Illinois College of Law, delivered Duke Law's Annual Brainerd Currie Memorial Lecture entitled "The Elusive Quest for a Constitutional Right to Liberty." One of the country's most prominent authorities on the intersection of law and philosophy, he has published eight books and some 60 major articles, which have appeared in the country's top law reviews and peer reviewed journals (...) in philosophy and psychiatry. He is the author of Placing Blame, a General Theory of the Criminal Law, widely regarded as the leading modern statement of the retributivist theory of punishment and of that theory's systematic application to criminal law doctrine. In Act and Crime: The Philosophy of Action and its Implications for Criminal Law, Moore provided a unified theory of action that underlies English and American criminal jurisprudence. Professor Moore has presented more than 150 lectures and papers in law, jurisprudence, political theory, legal philosophy, political science and economics, philosophy, psychology, and psychiatry. Sponsored by the Office of the Dean. (shrink)

Costly signaling theories of religion contend that religious belief and behaviors function as costly signals of cooperative intent. Such signals are evolvable because they allow likely cooperators to find one another, while excluding potential cheats or free riders that would be unwilling to pay the price associated with sending the signal. As a result, under the right conditions, religious costly signaling can emerge as an evolutionary stable strategy. However, reliability certifying costly signaling can evolve and stabilize only when certain necessary (...) conditions are satisfied. In this paper we argue that current versions of the theory do not adequately demonstrate that these conditions are met. (shrink)

The communicative interactions of very young children almost always involve language, gesture and directed gaze. In this study, ninety-six children were asked to determine the location of a hidden toy by understanding a communicative act that contained none of these familiar means. A light-and-sound mechanism placed behind the hiding place and illuminated by a centrally placed switch was used to indicate the location of the toy. After a communicative training session, an experimenter pressed the switch either deliberately or accidentally, and (...) with or without ostension. In no condition did she orient towards the hiding place. When the switch was pressed intentionally, children used the light-and-sound cue to find the toy – and tended to do so even in the absence of ostensive eye contact. When the experimenter pressed the switch accidentally, children searched randomly – demonstrating that they were tracking her communicative intent, and not merely choosing on the basis of salience. The absence of an effect of ostension contradicts research that ostension helps children to interpret the communicative intentions underlying unfamiliar signs. We explain this by concluding that while it may play a role in establishing a communicative interaction, it is not necessary for sustaining one; and that even with a highly novel communicative act – involving none of the means of communication on which children typically rely – three-year-olds can comprehend the communicative intentions behind an intentionally produced act. (shrink)