An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...) a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour. (shrink)

There is a speed-accuracy trade-off in perception. The ability to quickly extract sensory information is critical for survival, while extended processing can improve our accuracy. It has been suggested that emotions can change our style of processing, but their influence on processing speed is not yet clear. In three experiments, combining online and laboratory studies with different emotion induction procedures, we investigated the influence of both affective states, manipulated with music, and individual traits in sensory-processing sensitivity on the ability to (...) rapidly segregate two visual flashes. Across studies, the musical manipulations pushed participants towards either rapid or slow processing. Individual variations in sensory-processing sensitivity modulated these effects. Our findings demonstrate that affective states, influenced by music, can shift the balance between fast and slow visual processing, altering our perceptual experience. These results also emphasise the interaction of individual traits in sensory processing and affective states. (shrink)

This collection gives a complete picture of Foucault's importance as a thinker and social critic who transcended academic boundaries to challenge entrenched, institutionalized models of theoretical rationality and practical normalcy. (Philosophy).

This book asks how we—as citizens, immigrants, activists, teachers—can counter the abuse of language in our midst. How can we take back the power of language from those who flaunt that power to silence or erase us and our fellows? In search of answers, Linguistic Disobedience recalls ages and situations that made critiquing, correcting, and caring for language essential for survival. From turn-of-the-twentieth-century Central Europe to the miseries of the Third Reich, from the Movement for Black Lives to the ongoing (...) effort to decolonize African languages, the study and practice of linguistic disobedience have been crucial. But what are we to do today, when reactionary supremacists and authoritarians are screen-testing their own forms of so-called disobedience to quash oppositional social justice movements and their languages? Blending lyric essay with cultural criticism, historical analysis, and applied linguistics, Linguistic Disobedience offers suggestions for a hopeful pathway forward in violent times. (shrink)

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

Issues of academic integrity, specifically knowledge of, perceptions and attitudes toward plagiarism, are well documented in post-secondary settings using case studies for specific courses, recording discourse with focus groups, analyzing cross-cultural education philosophies, and reviewing the current literature. In this paper, the authors examine the perceptions of graduate students in science, technology, engineering, and mathematics disciplines at the University of Florida regarding misconduct and integrity issues. Results revealed students’ perceptions of the definition and seriousness of potential academic misconduct, knowledge of (...) institutional procedures, and views on faculty actions, all with a focus on divergences between US and internationally-educated students. The open-ended questions provide anecdotal evidence to highlight personal experiences, positive and negative, aimed at the faculty, international students and undergraduates. Combined, these findings outline an important part of the campus academic integrity culture at a major American university. Recommendations for local actions also are discussed. (shrink)

The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

This article looks at three historical efforts to coordinate the scientific study of biological and cultural aspects of human consciousness into a single comprehensive theory of human development that includes the evolution of the human body, cultural evolution and personal development: specifically, the research programs of Wilhelm Wundt, Lev Vygotsky and Albert Bandura. The lack of historical relations between these similar efforts is striking, and suggests that the effort to promote cultural and personal sources of consciousness arises as a natural (...) foil to an overemphasis on the biological basis of consciousness, sometimes associated with biological determinism. (shrink)

Chaïm Perelman, alone, and in collaboration with Lucie Olbrechts-Tyteca, developed the New Rhetoric Project, which is in use throughout the world. This book offers the first deep contextualization of the project’s origins and original translations of their work from French into English.

The aim of this paper is to provide an account of how hunger motivates us to seek food and eat. It seems that the way that it feels to be hungry must play some role in it fulfilling this function. We propose that hunger is best viewed as a complex state involving both affective and somatic constituents, as well as, crucially, changes in the way in which the hungry agent’s attention is deployed. We argue that in order to capture the (...) distinctive way in which hunger motivates we need to articulate the relations amongst such components. The resulting account explains how hunger as an aversive affective reaction to a state of need motivates us specifically to eat and not to just to rid ourselves of the unpleasant sensations associated to it. We suggest, however, that there is more than this to the overall affective experience of the hungry agent, because hunger ordinarily facilitates the elicitation of other, positive affective reactions such as interest and appetite, and recruits them to further its function. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 177-188 [Access article in PDF] Chaïm Perelman's "First Philosophies and Regressive Philosophy":Commentary and Translation David A. Frank Michelle K. Bolduc Chaïm Perelman's 1949 article, "First Philosophies and Regressive Philosophy," has remained unavailable to readers unable to read French. Our commentary and translation is intended to provide English readers access to the context, influences, and themes that make the article an extraordinarily important work (...) in the history of twentieth-century rhetoric. In this article, Perelman offers a powerful critique of first philosophies and anticipates the problems of radical postmodernity. "First Philosophies" remains a strikingly elegant attempt to foil what Foucault (1984, 41-42) has called the "Enlightenment blackmail of reason," the assumption held by logical positivists and radical skeptics that if reason does not yield absolute and eternal Enlightenment knowledge, there can be no knowledge.Perelman and Lucie Olbrechts-Tyteca's New Rhetoric project avoids Enlightenment blackmail by charting a third way between logical positivism and radical relativism, and "First Philosophies" sets forth the project's philosophical blueprint. Commencing in 1947 and culminating in 1958 with the publication of Traité de l'argumentation: La nouvelle rhétorique, Perelman and Olbrechts-Tyteca sought, discovered, and developed a philosophical system designed as a rapprochement between dialectic (reason and logic) and rhetoric (the art of adapting arguments to audiences). Historians of rhetoric judge the work a "grand revolution" (Meyer 1999, 259), believing it marks a rhetorical renaissance in Europe, and suggest nothing like it will appear for another 100 years after its publication (Johnstone 1971). The New Rhetoric project influenced Gadamer and a host of post-war European and American thinkers (Mootz 1998). Michael Leff calls the 1970 English translation of Traité a "bombshell" (1994, 510). Beyond its historical importance, Crosswhite suggests that the New Rhetoric project is "the single most important event in contemporary rhetorical theory" (1996, 35)and "First Philosophies" marks Perelman's turn from logical [End Page 177] positivism to rhetoric, offering prescient answers to the post-World War II crises of reason, and the ideas in the article provide the Traité'sphilosophical glue (see in particular the English translation, 62).Perelman joined many post-war theorists, including Horkheimer and Adorno (1972), in the resistance to the reign of a disembodied Enlightenment rationality. However, Perelman identified what Habermas (1987, 119) would later call the "performative contradiction" in the conclusion that radical skepticism was the only alternative to Enlightenment rationality. In "First Philosophies," Perelman responds directly to Sartre's 1943 Being and Nothingness (198; see translation below) by exposing the failure of radical skeptics to see that they had been held hostage by Enlightenment blackmail in accepting the Enlightenment criterion for truth, rejecting it, and then making skepticism an absolute. Indeed, "First Philosophies" navigates from this performative contradiction to chart a third way between Enlightenment rationality and radical skepticism with an approach that he labels regressive philosophy. Regressive philosophy, Perelman argues, provides the human community with a mode of philosophical reasoning located between the extremes of Enlightenment rationality and radical skepticism. In this space between extremes, Perelman identifies contingent truths and values dependent on a rhetorical mode of reasoning, one making moral judgments possible.To best understand "First Philosophies," we recognize the importance of historical context in the development of social theories of knowledge (see Delacampagne 1999; Kennedy 1999). The intellectual networks in which philosophers operate also influence the development of philosophical systems, as Randall Collins has aptly documented. In addition to historical context and intellectual networks, Frederick Beiser has recently noted: "[t] he best introduction to any philosophy is the biography of the person who created it" (1999, 5). He argues that textual analysis alone cannot illuminate the motivation or meaning of a philosophy. A sense of Perelman's biography and the cultural influences that gave rise to "First Philosophies" are necessary for a proper understanding of its themes. For Perelman, the primary intellectual exigencies of the post-war period were the interrelated crises of justice, philosophical reasoning, and responsibility to which "First Philosophies" is a... (shrink)

To provide the three-way comparisons needed to test existing theories, we compared (1) most-stressful memories to other memories and (2) involuntary to voluntary memories (3) in 75 community dwelling adults with and 42 without a current diagnosis of posttraumatic stress disorder (PTSD). Each rated their three most-stressful, three most-positive, seven most-important and 15 word-cued autobiographical memories, and completed tests of personality and mood. Involuntary memories were then recorded and rated as they occurred for 2 weeks. Standard mechanisms of cognition and (...) affect applied to extreme events accounted for the properties of stressful memories. Involuntary memories had greater emotional intensity than voluntary memories, but were not more frequently related to traumatic events. The emotional intensity, rehearsal, and centrality to the life story of both voluntary and involuntary memories, rather than incoherence of voluntary traumatic memories and enhanced availability of involuntary traumatic memories, were the properties of autobiographical memories associated with PTSD. (shrink)

Researchers have emphasized the value of authenticity, but not much is known about what makes a person authentic in the eyes of others. Our research takes an interpersonal perspective to examine the determinants of followers’ perceptions of leader authenticity. Building on social identity theory, we propose that two fundamental self-identifications–a leader’s sense of uniqueness and sense of belongingness–interact to influence followers’ perceptions of a leader’s authenticity via perceptions of a leader’s self-concept consistency. In a field study conducted among leader–follower dyads (...) and in a controlled laboratory experiment, we find that when a leader feels a low sense of belongingness, there is a positive relationship between a leader’s sense of uniqueness and perceptions of leader authenticity. When a leader feels a low sense of uniqueness, there is a positive relationship between a leader’s sense of belongingness and perceptions of leader authenticity. This is because followers perceive this leader as having high self-concept consistency. (shrink)

In this article we explore the ethical issues raised by permitting patients to pay for participation (P4) in clinical trials, and discuss whether there are any categorical objections to this practice. We address key considerations concerning payment for participation in trials, including patient autonomy, risk/benefit and justice, taking account of two previous critiques of the ethics of P4. We conclude that such trials could be ethical under certain strict conditions, but only if other potential sources of funding have first been (...) explored or are unavailable. (shrink)

PurposeAsian Americans comprise 21% of matriculating medical students in the United States but little is known about their mental health. With the growing focus on addressing the mental health of medical students, this systematic, nationwide survey assesses the relationship between anxiety and depression symptoms and coping skills among Asian American medical students.Materials and methodsA survey tool comprised of Patient Health Questionnaire-9, General Anxiety Disorder-7, and questions related to coping were emailed to members of the Asian Pacific American Medical Students Association (...) enrolled in a United States medical school during the 2016–2017 academic year. We evaluated associations between anxiety and coping as well as depression and coping.ResultsA total of 511 Asian American medical students completed the survey. Anxiety symptoms were positively correlated with an increase in negative coping skills. Depressive symptoms were not correlated with an increase in negative coping skills.ConclusionProfessionals and medical schools that aim to improve the mental health of medical students should be aware of the needs of specific populations. Asian American students who experience anxiety were more likely to utilize avoidant or negative coping strategies. In addition, Asian American students who experience depressive symptoms were not more likely to utilize these negative coping strategies. Further research must be done to evaluate the factors that influence the use of negative coping strategies to better address anxiety within the Asian American medical student population. (shrink)

The future of work is forcing the world to adjust to a new paradigm of working. New skills will be required to create and adopt new technology and working methods. Additionally, cognitive skills, particularly creative problem-solving, will be highly sought after. The future of work paradigm has threatened many occupations but bolstered others such as engineering. Engineers must keep up to date with the technological and cognitive demands brought on by the future of work. Using an exploratory mixed-methods approach, our (...) study sought to make sense of how engineers understand and use creative problem solving. We found significant associations between engineers’ implicit knowledge of creativity, exemplified creative problem solving, and the perceived value of creativity. We considered that the work environment is a potential facilitator of creative problem-solving. We used an innovative exceptional cases analysis and found that the highest functioning engineers in terms of knowledge, skills, and perceived value of creativity, also reported working in places that facilitate psychosocially safe environments to support creativity. We propose a new theoretical framework for a creative environment by integrating the Four Ps and psychosocial safety climate theory that management could apply to facilitate creative problem solving. Through the acquisition of knowledge to engage in creative problem solving as individuals or a team, a perception of value must be present to enforce the benefit of creativity to the engineering role. The future of work paradigm requires that organisations provide an environment, a psychosocially safe climate, for engineers to grow and hone their sought-after skills that artificial technologies cannot currently replace. (shrink)

According to orthodoxy, our best physical theories strongly support Eternalism over Presentism. Our goal is to argue against this consensus, by arguing that a certain overlooked aspect of our best physical theories strongly supports Presentism over Eternalism.

The authors examine recent arguments purporting to show that mental incompetence (lack of decision-making capacity) is not a necessary condition for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open question whether accounts of decision-making capacity based solely on the notions of understanding and appreciation can adequately deal with various complexities. Different possible ways of resolving these complexities are outlined, all (...) of which need further exploration. (shrink)

Various complexities that arise in the application of legal and/or clinical criteria to the actual assessment of competence/capacity are discussed, and a particular way of understanding the nature of such criteria is recommended.

Ces notes de terrain rendent compte d'une enquête sur un mouvement collectif contemporain qui a organisé pendant cinq ans des rencontres non-mixtes homosexuelles appelées Croisières. Ces rencontres bi-annuelles d'une semaine visaient à rassembler des homosexuels proches des idées libertaires et ne se reconnaissant pas dans les normes du mainstream gay et proposaient au contraire une alternative à ce modèle. L'hypothèse proposée est que, si les Croisières ont été pensées d'abord dans une perspective politique, elles ont eu aussi et peut-être avant (...) tout une fonction initiatique et thérapeutique pour ses participants. En effet, ces rencontres ont été, pour un certain nombre de participants l'occasion de faire émerger une parole sur des violences sexuelles subies et un moyen de les prendre en charge. (shrink)

The last of five commentaries on “Bloomberg's Health Legacy: Urban Innovator or Meddling Nanny?” from the September‐October 2013.

We argue that the current ethical and regulatory framework for permissible risk levels in pediatric research can be helpfully understood in terms of children’s moral right to adequate protection from harm. Our analysis provides a rationale for what we propose as the highest level of permissible risk in pediatric research without the prospect of direct benefit: what we call “relatively minor” risk. We clarify the justification behind the usual standards of “minimal risk” and “a minor increase over minimal risk” and (...) explain why it is permissible to impose any risks at all on child participants who do not stand to benefit directly from enrollment in research. Finally, we illuminate some aspects of the concept of “best interests.”. (shrink)

This book has two principle aims. The first is to criticize moral relativism by criticizing the claim that there are deep and rationally intractable moral disagreements. The second is to develop an account of morality and moral inquiry that allows for moral objectivity of a sort that relativists would deny, without modeling moral inquiry on scientific inquiry.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 177-188 [Access article in PDF] Chaïm Perelman's "First Philosophies and Regressive Philosophy":Commentary and Translation David A. Frank Michelle K. Bolduc Chaïm Perelman's 1949 article, "First Philosophies and Regressive Philosophy," has remained unavailable to readers unable to read French. Our commentary and translation is intended to provide English readers access to the context, influences, and themes that make the article an extraordinarily important work (...) in the history of twentieth-century rhetoric. In this article, Perelman offers a powerful critique of first philosophies and anticipates the problems of radical postmodernity. "First Philosophies" remains a strikingly elegant attempt to foil what Foucault (1984, 41-42) has called the "Enlightenment blackmail of reason," the assumption held by logical positivists and radical skeptics that if reason does not yield absolute and eternal Enlightenment knowledge, there can be no knowledge.Perelman and Lucie Olbrechts-Tyteca's New Rhetoric project avoids Enlightenment blackmail by charting a third way between logical positivism and radical relativism, and "First Philosophies" sets forth the project's philosophical blueprint. Commencing in 1947 and culminating in 1958 with the publication of Traité de l'argumentation: La nouvelle rhétorique, Perelman and Olbrechts-Tyteca sought, discovered, and developed a philosophical system designed as a rapprochement between dialectic (reason and logic) and rhetoric (the art of adapting arguments to audiences). Historians of rhetoric judge the work a "grand revolution" (Meyer 1999, 259), believing it marks a rhetorical renaissance in Europe, and suggest nothing like it will appear for another 100 years after its publication (Johnstone 1971). The New Rhetoric project influenced Gadamer and a host of post-war European and American thinkers (Mootz 1998). Michael Leff calls the 1970 English translation of Traité a "bombshell" (1994, 510). Beyond its historical importance, Crosswhite suggests that the New Rhetoric project is "the single most important event in contemporary rhetorical theory" (1996, 35)and "First Philosophies" marks Perelman's turn from logical [End Page 177] positivism to rhetoric, offering prescient answers to the post-World War II crises of reason, and the ideas in the article provide the Traité'sphilosophical glue (see in particular the English translation, 62).Perelman joined many post-war theorists, including Horkheimer and Adorno (1972), in the resistance to the reign of a disembodied Enlightenment rationality. However, Perelman identified what Habermas (1987, 119) would later call the "performative contradiction" in the conclusion that radical skepticism was the only alternative to Enlightenment rationality. In "First Philosophies," Perelman responds directly to Sartre's 1943 Being and Nothingness (198; see translation below) by exposing the failure of radical skeptics to see that they had been held hostage by Enlightenment blackmail in accepting the Enlightenment criterion for truth, rejecting it, and then making skepticism an absolute. Indeed, "First Philosophies" navigates from this performative contradiction to chart a third way between Enlightenment rationality and radical skepticism with an approach that he labels regressive philosophy. Regressive philosophy, Perelman argues, provides the human community with a mode of philosophical reasoning located between the extremes of Enlightenment rationality and radical skepticism. In this space between extremes, Perelman identifies contingent truths and values dependent on a rhetorical mode of reasoning, one making moral judgments possible.To best understand "First Philosophies," we recognize the importance of historical context in the development of social theories of knowledge (see Delacampagne 1999; Kennedy 1999). The intellectual networks in which philosophers operate also influence the development of philosophical systems, as Randall Collins has aptly documented. In addition to historical context and intellectual networks, Frederick Beiser has recently noted: "[t] he best introduction to any philosophy is the biography of the person who created it" (1999, 5). He argues that textual analysis alone cannot illuminate the motivation or meaning of a philosophy. A sense of Perelman's biography and the cultural influences that gave rise to "First Philosophies" are necessary for a proper understanding of its themes. For Perelman, the primary intellectual exigencies of the post-war period were the interrelated crises of justice, philosophical reasoning, and responsibility to which "First Philosophies" is a... (shrink)

Essays on a wide range of areas and topics in Asian studies for scholars looking to incorporate Asia into their worldview and teaching. Contributors give contemporary presence to Asian studies through a variety of themes and topics in this multidisciplined and interdisciplinary volume. In an era of globalization, scholars trained in Western traditions increasingly see the need to add materials and perspectives that have been lacking in the past. Accessibly written and void of jargon, this work provides an adaptable entrée (...) to Asia for the integration of topics into courses in the humanities, social sciences, cultural studies, and global studies. Guiding principles, developed at the East-West Center, include noting uncommon differences, the interplay among Asian societies and traditions, the erosion of authenticity and cultural tradition as an Asian phenomenon as well as a Western one, and the possibilities Asian concepts offer for conceiving culture outside Asian contexts. The work ranges from South to Southeast to East Asia. Essays deal with art, aesthetics, popular culture, religion, geopolitical realities, geography, history, and contemporary times. “This volume truly lies at the intersection of scholarship and teaching. Each essay has the potential to help rethink approaches to scholarly issues, and there is a great deal of material for classroom discussion and examples. The book’s breadth—covering India, China, Korea, the Sea of Malay, Bhutan, and other locations—is impressive.” — Robert André LaFleur, Beloit College. (shrink)

Dans ce livre, Malebranche expose sa philosophie à travers des entretiens avec un philosophe, un janséniste et un mandarin chinois. Il explore les différentes dimensions de la métaphysique, de la religion et de la mort et cherche à répondre aux questions fondamentales de l'existence. Tout étudiant en philosophie trouvera ce livre intéressant et instructif. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is (...) in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)