We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

How do educators better reach their students, better capture their attention and imagination without sacrificing scholarship? Teachable Moments: Essays on Experiential Education examines the pedagogy of Prescott College, a school that has embraced experiential education and been finding success with it for over thirty years. These essays—from scholars in fields as wide ranging as religious studies, environmental science, psychology, dance, literature, adventure education, and peace studies—examine the challenges and, ultimately, the rewards of student-centered education.

Partial consistency statements can be expressed as polynomial-size propositional formulas. Frege proof systems have polynomial-size partial self-consistency proofs. Frege proof systems have polynomial-size proofs of partial consistency of extended Frege proof systems if and only if Frege proof systems polynomially simulate extended Frege proof systems. We give a new proof of Reckhow's theorem that any two Frege proof systems p-simulate each other. The proofs depend on polynomial size propositional formulas defining the truth of propositional formulas. These are already known to (...) exist since the Boolean formula value problem is in alternating logarithmic time; this paper presents a proof of this fact based on a construction which is somewhat simpler than the prior proofs of Buss and of Buss-Cook- Gupta-Ramachandran. (shrink)

Cook and Reckhow defined a propositional formulation of the pigeonhole principle. This paper shows that there are Frege proofs of this propositional pigeonhole principle of polynomial size. This together with a result of Haken gives another proof of Urquhart's theorem that Frege systems have an exponential speedup over resolution. We also discuss connections to provability in theories of bounded arithmetic.

A chronicler who recites events without distinguishing between major and minor ones acts in accordance with the following truth: nothing that has ever happened should be regarded as lost for history."Few areas of American public life have received as much attention with as little actual on-the-ground study as citizen deliberation," Lawrence R. Jacobs, Fay Lomax Cook, and Michael X. Delli Carpini argue. "Whether and how real citizens engage in discursive participation; the nature, settings, and impact of this public talk; and (...) when and if 'talk' ever rises to the level of 'democratic deliberation'—each of these is ignored or, at best, occasionally introduced by way of illustration or anecdote" (2009, 20-21).This is .. (shrink)

This paper presents a new way of thinking about the relationship between humans and the nonhuman animals in their care. Most ethical analysis of the treatment of nonhuman animals has focussed on questions of moral status, justice, and the wrongness of harming them. This paper does something different, it examines the role played by trust in interspecies relationships. In both agriculture and laboratory settings, humans deliberately foster trusting relationships with nonhuman animals. An intrinsic feature of the trusting relationship in these (...) settings is that it is created in order to be exploited and betrayed. However, little consideration has been given to asking what a deliberate betrayal of another species says about the character of those who carry out the betrayals. This paper argues that regardless of the moral status of nonhuman animals, a willingness to foster trust in order to exploit the vulnerability of a nonhuman suggests a serious character flaw. Our failure thus far to apprehend systematic forms of betrayal indicates a moral blind-spot when it comes to other species. (shrink)

This book is an extensive survey and critical examination of the literature on the use of expert opinion in scientific inquiry and policy making. The elicitation, representation, and use of expert opinion is increasingly important for two reasons: advancing technology leads to more and more complex decision problems, and technologists are turning in greater numbers to "expert systems" and other similar artifacts of artificial intelligence. Cooke here considers how expert opinion is being used today, how an expert's uncertainty is (...) or should be represented, how people do or should reason with uncertainty, how the quality and usefulness of expert opinion can be assessed, and how the views of several experts might be combined. He argues for the importance of developing practical models with a transparent mathematic foundation for the use of expert opinion in science, and presents three tested models, termed "classical," "Bayesian," and "psychological scaling." Detailed case studies illustrate how they can be applied to a diversity of real problems in engineering and planning. (shrink)

Contemporary critical social theories face the question of how to justify the ideas of the good society that guide their critical analyses. Traditionally, these more or less determinate ideas of the good society were held to be independent of their specific sociocultural context and historical epoch. Today, such a concept of context-transcending validity is not easy to defend; the "linguistic turn" of Western philosophy signals the widespread acceptance of the view that ideas of knowledge and validity are always mediated linguistically (...) and that language is conditioned by history and context. In Re-Presenting the Good Society, Maeve Cooke addresses the justificatory dilemma facing critical social theories: how to maintain an idea of context-transcending validity without violating anti-authoritarian impulses. In doing so she not only clarifies the issues and positions taken by other theorists--including Richard Rorty, Jürgen Habermas, Axel Honneth, and Judith Butler--but also offers her own original and thought-provoking analysis of context-transcending validity.Because the tension between an anti-authoritarian impulse and a guiding idea of context-transcending validity is today an integral part of critical social theory, Cooke argues that it should be negotiated rather than eliminated. Her proposal for a concept of context-transcending validity has as its central claim that we should conceive of the good society as re-presented in particular constitutively inadequate representations of it. These re-presentations are, Cooke argues provocatively, regulative ideas that have an imaginary, fictive character. (shrink)

The greatest threat faced by wild animals often comes from the destruction of their habitats by humans. Traditional environmental-conservation paradigms often fail to prevent this destruction. This paper claims that, where access to habitat is a necessary condition of their continued existence or wellbeing, wild animals have sufficiently strong interests in their habitat to generate rights to it. The paper argues that these rights should be instantiated in the form of collective usufructuary property rights, and, in cases of serious and (...) systematic violation of these rights, wild animals gain a remedial right of secession for their habitat. (shrink)

First published in 1959, this original study argues that the main characteristic of music is that it expresses and evokes emotion, and that all composers whose music has a tonal basis have used the same, or closely similar, melodic phrases, harmonies, and rhythms to affect the listener in the same ways. He supports this view with hundreds of musical examples, ranging from plainsong to Stravinsky, and contends that music is a language in the specific sense that we can identify idioms (...) and draw up a list of meanings. The book's final section analyzes two symphonies, Mozart's Fortieth and Vaughan Williams's Sixth, to explore the nature of musical inspiration and the process whereby the notes actually convey emotion from composer to listener. (shrink)

Smell 'sensations' are among the most mysterious of conscious experiences, and have been cited in defense of the thesis that the character of perceptual experience is independent of the physical events that seem to give rise to it. Here we review the scientific literature on olfaction, and we argue that olfaction has a distinctive profile in relation to the other modalities, on four counts: in the physical nature of the stimulus, in the sensorimotor interactions that characterize its use, in the (...) structure of its intramodal distinctions and in the functional role that it plays in people's behaviour. We present two thought experiments in which we detail what would be involved in transforming sounds into smells, and also smells into colours. Through these thought-experiments, we argue that the experiential character of smell derives precisely from the structural features of olfaction, and that an embodied account of olfactory phenomenology is called for. (shrink)

Critical social theories look critically at the ways in which particular social arrangements hinder human flourishing, with a view to bringing about social change for the better. In this they are guided by the idea of a good society in which the identified social impediments to human flourishing would once and for all have been removed. The question of how these guiding ideas of the good life can be justified as valid across socio-cultural contexts and historical epochs is the most (...) fundamental difficulty facing critical social theories today. This problem of justification, which can be traced back to certain key shifts in the modern Western social imaginary, calls on contemporary theories to negotiate the tensions between the idea of context-transcendent validity and their own anti-authoritarian impulses. Habermas makes an important contribution towards resolving the problem, but takes a number of wrong turnings. (shrink)

Language and Reason opens up new territory for social theorists by providing thefirst general introduction to Habermas's program of formal pragmatics: his reconstruction of theuniversal principles of possible understanding that, he argues, ...

The article considers Jürgen Habermas's views on the relationship between postmetaphysical philosophy and religion. It outlines Habermas's shift from his earlier, apparently dismissive attitude towards religion to his presently more receptive stance. This more receptive stance is evident in his recent emphasis on critical engagement with the semantic contents of religion and may be characterized by two interrelated theses: the view that religious contributions should be included in political deliberations in the informally organized public spheres of contemporary democracies, though translated (...) into a secular language for the purposes of legislation and formal decision making and the view that postmetaphysical philosophy should seek to salvage the semantic contents of religious traditions in order to supply the evocative images, exemplary figures, and inspirational narratives it needs for its social and political projects. With regard to, it argues that the translation requirement impairs the political autonomy of religious believers and other metaphysically inclined citizens, suggesting that this difficulty could be alleviated by making a distinction between epistemologically authoritarian and non-authoritarian religious beliefs. With regard to, it argues that the salvaging operation is not as straightforward as Habermas seems to suppose and that social and political philosophy may not be able to tap the semantic power of religious traditions without relying on metaphysical assumptions; it concludes that, here, too, a distinction between authoritarian and non-authoritarian approaches to knowledge and validity may be useful. (shrink)

Cognition in work teams has been predominantly understood and explained in terms of shared cognition with a focus on the similarity of static knowledge structures across individual team members. Inspired by the current zeitgeist in cognitive science, as well as by empirical data and pragmatic concerns, we offer an alternative theory of team cognition. Interactive Team Cognition (ITC) theory posits that (1) team cognition is an activity, not a property or a product; (2) team cognition should be measured and studied (...) at the team level; and (3) team cognition is inextricably tied to context. There are implications of ITC for theory building, modeling, measurement, and applications that make teams more effective performers. (shrink)

Sometimes it is wrong to imagine or take pleasure in imagining certain things, and likewise it is sometimes wrong to prompt these things. Some argue that certain fictive imaginings—imaginings of fictional states of affairs—are intrinsically wrong or that taking pleasure in certain fictive imaginings is wrong and so prompting either would also be wrong. These claims sometimes also serve as premises in arguments linking the ethical properties of a fiction to its artistic value. However, even if we grant that it (...) might sometimes be wrong to imagine x or to take pleasure in imagining x, nothing follows about the ethical status of fictively imagining x, with or without pleasure. Prompting some fictive imagining is intrinsically wrong only when the fiction is a means to encourage for export from the fiction to the actual world some belief or attitude that it would be blameworthy to hold. The failure of arguments for the wrongness of certain fictive imaginings and their prompting lies in part in a failure to recognize that imagining x and fictively imagining x are distinct mental acts. This distinction blocks many arguments attempting to forge a link between a work's ethical properties and its artistic properties. (shrink)

In this article I propose a cosmopolitan approach to animal rights based upon Kant's right of universal hospitality. Many approaches to animal rights buttress their arguments by finding similarities between humans and non-human animals; in this way they represent or resemble ethics of partiality. In this article I propose an approach to animal rights that initially rejects similarity approaches and is instead based upon the adoption of a cosmopolitan mindset acknowledging and respecting difference. Furthermore, and in agreement with Martha Nussbaum, (...) and Sue Donaldson and Will Kymlicka, I endorse the view that theories of animal rights need to be theories of justice and include a political component. Contra Donaldson and Kymlicka, however, I argue that the starting point for analysis of political theories of animal rights should be at the global rather than national level. Taking animals as strangers, I propose adopting a Kantian cosmopolitan mindset and ethic of universal hospitality towards them. I address how a ius cosmopoliticum that is hospitable to the interests of non-human animals can govern interactions with animals on fair terms, and I respond to concerns that cosmopolitanism cannot accommodate non-human animals because it is a democratic ideal, is grounded in logocentrism or rests upon ownership of territory by humans. (shrink)

The article considers the role of translation in encounters between religious citizens and secular citizens. It follows Habermas in holding that translations rearticulate religious contents in a way that facilitates learning. Since he underplays the complexities of translation, it takes some steps beyond Habermas towards developing a more adequate account. Its main thesis is that the required account of translation must keep sight of the question of truth. Focusing on inspirational stories of exemplary figures and acts, it contends that a (...) successful translation makes truth appear anew; further, that it is the central role of truth in translation that enables the prospect of learning from the inspirational messages of religion. By highlighting truth as the point of continuity between intercultural learning and learning from religion, it provides support for the thesis that encounters between religious and secular citizens are a subset of intercultural encounters and, as such, contexts of possible mutual learning. (shrink)

In this paper, it will be shown that Peirce was of two minds about whether his scientific fallibilism, the recognition of the possibility of error in our beliefs, applied to mathematics. It will be argued that Peirce can and should hold a theory of fallibilism within mathematics, and that this position is more consistent with his overall pragmatic theory of inquiry and his general commitment to the growth of knowledge. But to make the argument for fallibilism in mathematics, Peirce's theory (...) of fallibilism must be reconceived to incorporate two different kinds of fallibilism, which correspond to two different kinds of truth claims. (shrink)

The question of civil disobedience has preoccupied philosophical discourse at least since Thoreau's articulation of disobedience as a form of non-compliance and Rawls' classic definition outlined in the wake of the civil rights and student protest movements of the 1960s. It has become increasingly clear, however, that these classic definitions are being challenged and rethought from a variety of traditions in the wake of contemporary protests. These articles engage with the most recent debates surrounding civil disobedience and conscientious objection, opening (...) up original new paths for thinking about forms of protest. They also reveal disagreements about how to understand civil disobedience and about the place of conscience in political protest, inviting further discussion on these questions and issues. (shrink)

Explaining Mental Illness est un manuel de sociologie sur la santé mentale dont l’ambition est explicitée dès l’introduction: il s’agit d’articuler les recherches sur la santé mentale avec la sociologie générale. Le livre est coécrit par Baptiste Brossard et Amy Chandler, tous les deux spécialistes de l’automutilation et du suicide, ainsi que chercheurs à l’université de York (Royaume-Uni). L’originalité de l’ouvrage se reflète dans son titre, il s’agit d’expliquer (explaining) la santé menta...

During the last decade, the intensity of interest in the subject of business ethics has surprised even the most ardent defenders of the movement. It is easy to become euphoric over such developments. Yet, we should not be lulled into believing that such growth has no limits. The fact is that the movement stands at a watershed where certain alternative courses of action are available. In this paper, I outline what some of those crossroads are and what the consequences will (...) be if certain actions are or are not taken. The key to success is dependent upon a multidisciplinary approach that relies on dialogue and cooperation among colleagues in the academy and in business. This will ensure a true mix of theory and practice. (shrink)

Animal agriculture predominantly involves farming social animals. At the same time, the nature of agriculture requires severely disrupting, eliminating, and controlling the relationships that matter to those animals, resulting in harm and unhappiness for them. These disruptions harm animals, both physically and psychologically. Stressed animals are also bad for farmers because stressed animals are less safe to handle, produce less, get sick more, and produce poorer quality meat. As a result, considerable efforts have gone into developing stress-reduction methods. Many of (...) these attempt to replicate behaviours or physiological responses that develop or constitute bonding between animals. In other words, humans try to mitigate or ameliorate the damage done by preventing and undermining intraspecies relationships. In doing so, the wrong of relational harms is compounded by an instrumentalisation of trust and care. The techniques used are emblematic of the welfarist approach to animal ethics. Using the example of gentle touching in the farming of cows for beef and dairy, the paper highlights two types of wrong. First, a wrong done in the form of relational harms, and second, a wrong done by instrumentalising relationships of care and trust. Relational harms are done to nonhuman animals, whilst instrumentalisation of care and trust indicates an insensitivity to morally salient features of the situation and a potential character flaw in the agents that carry it out. (shrink)

This article offers a general framework for thinking about civil disobedience as transformative political action. Positing authority as the mode of power corresponding to obedience, and authority and freedom as internally related, it proposes a model of freedom and political authority as a basis for this framework. The framework is sufficiently general to allow for context-dependent variations – for example, as to whether publicity or non-violence is required – while specifying a view of civil disobedience as transformative action driven by (...) a constellation of ethical, legal and political concerns. A reconfigured conception of conscience has a place within this account, but is not an indispensable element. (shrink)

What if "liberal democracy" were a contradiction in terms? This book distinguishes liberalism from democracy to defend a Rancirean vision of impure politics. Disclosing Rancire's refusal of ontology as political, The Lessons of Rancire enacts a critical theory beyond unmasking and a democratic politics beyond liberalism.

The Discipline of Freedom. A Kantian View of the Role of Moral Precepts in Zen Practice. Phillip Olson. State University of New York Press, Albany 1993. XX, 217 pp. $14.94.

The diagnosis of psychopathic personality disorder has salience for forensic clinical practice. It influences decisions regarding risk, treatability and sentencing, indeed, in certain jurisdictions it serves as an aggravating factor that increases the likelihood of a capital sentence. The concatenation of symptom that is associated with modern conceptions of the disorder can be discerned in early writings, including the book of Psalms. Despite its forensic clinical importance and historical pedigree the concept remains elusive and controverted. In this paper I describe (...) an attempt to map the concept of psychopathic personality disorder—the Comprehensive Assessment of Psychopathic Personality (CAPP). I outline the processes used to create the concept map; I summarise evidence in support of the content validity of the map and describe different operations designed to operationalise the construct. It is only when conceptual clarity is achieved that valid operations and measures can be created. I end with a plea for more carefully considered application of statistical methods; applications that better fit the theoretical questions being posed. (shrink)

Artworks frequently are the objects of multiple and apparently conflicting aesthetic judgements. This commonplace of the artworld poses a challenge for realist metaphysics, because to assert conflicting judgements of an artwork seems to amount to asserting p & p. Critical pluralism is an ever-more frequently invoked solution to this impasse. What its varieties share in common is the claim that the disagreement between judgements is only an apparent one. I argue, however, that critical pluralism masquerades either as relativism or anti-realism. (...) I examine a number of pluralist proposals, including one that attempts to reconcile pluralism with critical monism, and argue that they are inadequate to their advertised task. Finally, I sketch a solution employing dialetheic logic that captures both intuitions about these cases: that sometimes, judgements about artworks can truly conflict and jointly be true. (shrink)

New technologies in germ–line engineering have raised many questions about obligations to future generations. In this article, I focus on the importance of increasing freedom and the equality of freedom for present and future generations, because these two ideals are necessary for a just society and because they are most threatened by the wide–scale privatisation of GLE technologies. However, there are ambiguities in applying these ideals to the issue of genetic technologies. I argue that Amartya Sen's capability theory can be (...) used as a framework to ensure freedom and equality in the use of GLE technology. Capability theory articulates the goal of equalising real freedom by bringing all people up to a threshold of basic human capabilities. Sen's capability theory can clarify the proper moral goal of GLE insofar as this technology could be used to bring people up to certain basic human capabilities, thereby increasing their real freedom. And by increasing the freedom of those who lack basic human capabilities, GLE can aid in decreasing the inequalities of freedom among classes of people. (shrink)

Oxidative damage to DNA appears to be a factor in cancer, yet explanations for why highly elevated levels of such lesions do not always result in cancer remain elusive. Much of the genome is non‐coding and lesions in these regions might be expected to have little biological effect, an inference supported by observations that there is preferential repair of coding sequences. RNA has an important coding function in protein synthesis, and yet the consequences of RNA oxidation are largely unknown. Some (...) non‐coding nucleic acid is functional, e.g. promoters, and damage to these sequences may well have biological consequences. Similarly, oxidative damage to DNA may promote microsatellite instability, inhibit methylation and accelerate telomere shortening. DNA repair appears pivotal to the maintenance of genome integrity, and genetic alterations in repair capacity, due to single nucleotide polymorphisms or mutation, may account for inter‐individual differences in cancer susceptibility. This review will survey these aspects of oxidative damage to nucleic acids and their implication for disease. BioEssays 26:533–542, 2004. © 2004 Wiley Periodicals, Inc. (shrink)