The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to (...) sale, loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

On the example of a workload dispute (a version of a ‘border dispute’) I present the general problem of two persons – M and P – with equal entitlements to one commodity, which is equally desired by both of them. They are both moderately altruistic; they are not angels untempted by a selfish willingness to get their own way, nor are they devils, who want to destroy others even if it leads to self-destruction. As human beings operating (...) in a world of limited goods, they are so physically and intellectually feeble that neither of them is able to permanently enslave the other and submit him to the second person’s will. Such being the case, each solution to the problem means that the profit of one person is the loss of the second. The question, whether justice is possible at all, suggests itself whether in a situation when people are more or less equal, or with limited altruism and/or selfishness and scarce resources. (shrink)

To investigate the phenomenon of patient–physician mistrust in China, a qualitative study involving 107 physicians, nurses and health officials in Guangdong Province, southern China, was conducted through semi-structured interviews and focus groups. In this paper we report the key findings of the empirical study and argue for the essential role of medical professionalism in rebuilding patient-physician trust. Health professionals are trapped in a vicious circle of mistrust. Mistrust leads to increased levels of fear and self-protection by doctors which exacerbate difficulties (...) in communication; in turn, this increases physician workloads, adding to a strong sense of injustice and victimization. These factors produce poorer healthcare outcomes and increasingly discontented and angry patients, escalate conflicts and disputes, and result in negative media coverage, all these ultimately contributing to even greater levels of mistrust. The vicious circle indicates not only the crisis of patient-physician relationship but the crisis of medicine as a profession and institution. Underlying the circle is the inherent conflict of interest in the healthcare system by which health professionals and hospitals have become profit-driven. This institutional conflict of interest seriously compromises the fundamental principle of medical professionalism—the primacy of patient welfare—as well as the traditional Chinese ideal of “medicine as the art of humanity”. Patient trust can be restored through rectifying this institutional conflict of interest and promoting medical professionalism via a series of recommended practical measures. (shrink)

Early-career philosophers of science often find themselves caught between a rock and a hard place, facing conflicting demands. While they have to meet the rigorous standards of a career in philosophy, they are at the same time expected to possess detailed knowledge of the sciences they study. By pulling in different directions, these two poles can be difficult to bridge. Interdisciplinarily engaged philosophers of science face not just an increased workload but also institutional conditions that are not always supportive (...) for their engagement. For instance, while the need for interdisciplinary research is impressed upon young researchers by their advisers and by the subject matters of their research, universities and funding institutions, by contrast, still follow rather conservative and disciplinary policies when they fill positions or allocate funding. In March 2013, the interdisciplinarity of philosophy of science and the resulting situation for early career researchers was the subject of a workshop and a panel discussion funded by the Andrea von Braun Foundation. This paper takes up several of the issues that were controversially disputed at that event. (shrink)

The philosophical interest of verbal disputes is twofold. First, they play a key role in philosophical method. Many philosophical disagreements are at least partly verbal, and almost every philosophical dispute has been diagnosed as verbal at some point. Here we can see the diagnosis of verbal disputes as a tool for philosophical progress. Second, they are interesting as a subject matter for first-order philosophy. Reflection on the existence and nature of verbal disputes can reveal something about the nature of (...) concepts, language, and meaning. In this article I first characterize verbal disputes, spell out a method for isolating and resolving them, and draw out conclusions for philosophical methodology. I then use the framework to draw out consequences in first-order philosophy. In particular, I argue that the analysis of verbal disputes can be used to support the existence of a distinctive sort of primitive concept and that it can be used to reconstruct a version of an analytic/synthetic distinction, where both are characterized in dialectical terms alone. (shrink)

Changing concepts comes with a risk of creating merely verbal disputes. Accounts of topic continuity (such as Herman Cappelen’s) are supposed to solve this problem. As this paper shows, however, no existing solution avoids the danger of mere verbalness. On the contrary, accounts of topic continuity in fact increase the danger of overlooking merely verbal disputes between pre- and post-ameliorators. Ultimately, this paper suggests accepting the danger of mere verbalness resulting from a change in topic as a downside of conceptual (...) engineering. Changing the topic under discussion may be worth the risk, however, in many cases. In fact, this paper proposes that the main goal of conceptual engineering should be seen as changing topics for the better. (shrink)

Public participation and survivor research in mental health are widely recognized as vital to the field. At the same time, contributions of patient collaborators can present unique challenges to determining authorship. Using an unresolved dispute around research contributions to the American Psychiatric Association’s Psychiatric Services journal, authorship and contribution are addressed. Recommendations are suggested to prevent dilemmas and achieve responsible research credit inclusion, especially among researchers with different backgrounds and asymmetric power relations. Researchers and publishers can prepare proactively for (...) conflict through consensus on authorship criteria, prior agreements around author inclusion, arrangement for third party dispute resolution, transparency in communication and contracts, notification to prospective publications of pending disputes, a contributor-guarantor model of contribution, journal editor “expressions of concern” when authorship disputes go unresolved, and expectation of conflict as generative. (shrink)

In this paper we show how dialogue-based theories of argumentation can contribute to the construction of effective systems of dispute resolution. Specifically we consider the role of persuasion in online dispute resolution by showing how persuasion dialogues can be functionally embedded in negotiation dialogues, and how negotiation dialogues can shift to persuasion dialogues. We conclude with some remarks on how persuasion dialogues might be modelled is such a way as to allow them to be implemented in a mechanical (...) or computerized system of dialogue or dialogue management. (shrink)

Disputes and conflicts affect interpersonal relationships. The key factors in resolution are what attitudes people take and what kinds of reconciliation people choose. The paper examines the language of judges from the perspective of Systemic Functional Linguistics, specifically Appraisal System. It presents a case study that is a civil one brought to court in Tahe County in China. The case concerns the conflict and dispute between a chicken raiser and his neighbor. The judge resolved the conflicts and disputes, and (...) the two parties were reconciled. The appraisal analysis of the language used by the two parties explains how conflicts and disputes occurred. The appraisal analysis of the judge's language explains how the mediation succeeded in reconciling the conflicts and disputes. (shrink)

Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential to ensure (...) clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)

Philosophers have championed contextualist and relativist semantics for aesthetic discourse that attempt to explain faultless disagreement. However, both types of semantics do a good job explaining faultless disagreement. As a rule, more explananda assist in theory choice. This chapter proposes that three more facts need explaining. Aesthetic disputes revolve around objects, even as they express attitudes. They also extend into lengthy exchanges wherein reasons are offered and withdrawn. Finally, they play a role in the formation and regulation of aesthetic practices. (...) Different views about the point of aesthetic disputes interpret these three facts differently. One option has it that we use aesthetic disputes to align with peers who share the same preferences. This option is friendly to relativist semantics. The alternative states that we use aesthetic disputes to coordinate language and concepts to fit aesthetic genres. This option mandates contextualist semantics. The weight of evidence tilts towards contextualism. (shrink)

In this book a leading philosopher of religion offers fresh insights into some of the disputed religious questions of our time.

In componential analysis, word meanings are (partly) decomposed into other meanings, and semantic and syntactic markers. Although a theory of word meaning based on such semantic decompositions remains compatible with the linguistic labor division thesis, it is not compatible with Kripke/Putnam-style indexical externalism. Instead of abandoning indexical externalism, a Separation Thesis is defended according to which lexical meaning need not enter the truth-conditional content of an utterance. Lexical meaning reflects beliefs about word meaning shared in a speaker community, and these (...) may rest on possibly erroneous world-level theories. It is argued that this type of lexical meaning is indispensable for explaining word composition processes and the rationality of metalinguistic disputes. (shrink)

Disputes in Bioethics tackles some of the most debated questions in contemporary scholarship about the beginning and end of life. This collection of essays takes up questions about the dawn of human life, including: Should we make children with three (or more) parents? Is it better never to have been born? and Is the so called 'after-birth' abortion wrong? This volume also asks about the dusk of human life: Is 'death with dignity' a dangerous euphemism? Should euthanasia be permitted for (...) children? and Does assisted suicide harm those who do not choose to die? Still other questions are asked concerning recent views that health care professionals should not have a right to conscientiously object to legal and accepted medical practices. Finally, the book addresses questions about separating conjoined twins as well as the issue of whether the species of an individual makes a difference for the individual's moral status. Christopher Kaczor critiques some of the most recent and influential positions in bioethics, while eschewing both consequentialism and principalism. Rooted in the Catholic principle that faith and reason are harmonious, this book shows how Catholic bioethical teaching is rationally defensible in terms that people of good will, secular or religious, can accept. Proceeding from a natural law perspective, Kaczor defends the inherent dignity of all human beings and argues that they merit the protection of their basic human goods because of that inherent dignity. Philosophers interested in applied ethics, as well as students and professors of law, will profit from reading Disputes in Bioethics. The book aims to be both philosophically sophisticated and accessible for students and experienced researchers alike. (shrink)

There are a number of key data-centric questions that must be answered when developing classifiers for operator functional states. “Should a supervised or unsupervised learning approach be used? What degree of labeling and transformation must be performed on the data? What are the trade-offs between algorithm flexibility and model interpretability, as generally these features are at odds?” Here, we focus exclusively on the labeling of cognitive load data for supervised learning. We explored three methods of labeling cognitive states for three-state (...) classification. The first method labels states derived from a tertiary split of trial difficulty during a spatial memory task. The second method was more adaptive; it employed a mixed-effects stress–strain curve and estimated an individual’s performance asymptotes with respect to the same spatial memory task. The final method was similar to the second approach; however, it employed a mixed-effects Rasch model to estimate individual capacity limits within the context of item response theory for the spatial memory task. To assess the strength of each of these labeling approaches, we compared the area under the curve (AUC) for receiver operating curves (ROCs) from elastic net and random forest classifiers. We chose these classifiers based on a combination of interpretability, flexibility, and past modeling success. We tested these techniques across two groups of individuals and two tasks to test the effects of different labeling techniques on cross-person and cross-task transfer. Overall, we observed that the Rasch model labeling paired with a random forest classifier led to the best model fits and showed evidence of both cross-person and cross-task transfer. (shrink)

In the study of human cognitive activity using electroencephalogram (EEG), the brain dynamics parameters and characteristics play a crucial role. They allow to investigate the changes in functionality depending on the environment and task performance process, and also to access the intensity of the brain activity in various locations of the cortex and its dependencies. Usually, the dynamics of activation of different brain areas during the cognitive tasks are being studied by spectral analysis based on power spectral density (PSD) estimation, (...) and coherence analysis, which are de facto standard tools in quantitative characterization of brain activity. PSD and coherence reflect the strength of oscillations and similarity of the emergence of these oscillations in the brain, respectively, while the concept of stability of brain activity over time is not well defined and less formalized. We propose to employ the detrended fluctuation analysis (DFA) as a measure of the EEG persistence over time, and use the DFA scaling exponent as its quantitative characteristics. We applied DFA to the study of the changes in activation in brain dynamics during mental calculations and united it with PSD and coherence estimation. In the experiment, EEGs during resting state and mental serial subtraction from 36 subjects were recorded and analyzed in four frequency ranges: θ1 (4.1–5.8 Hz), θ2 (5.9–7.4 Hz), β1 (13–19.9 Hz), and β2 (20–25 Hz). PSD maps to access the intensity of cortex activation and coherence to quantify the connections between different brain areas were calculated, the distribution of DFA scaling exponent over the head surface was exploited to measure the time characteristics of the dynamics of brain activity. Obtained arrangements of DFA scaling exponent suggest that normal functioning of the brain is characterized by long-term temporal correlations in the cortex. Topographical distribution of the DFA scaling exponent was comparable for θ and β frequency bands, demonstrating the largest values of DFA scaling exponent during cognitive activation. The study shows that the long-term temporal correlations evaluated by DFA can be of great interest for diagnosis of the variety of brain dysfunctions of different etiology in the future. (shrink)

Disputing the Unity of the World: The Importance of Res and the Influence of Averroes in Giles of Rome's Critique of T homas Aquinas concerning the Unity of the World G. j. MCALEER 1. INTRODUCTION tILES OF ROME earned, after a decidedly difficult start, the most complete honors open to an academic religious in the Middle Ages. Joining the Hermits of St. Augustine at age 14, he became the first regent master of his order at the University of Paris ; (...) his works were made compul- sory in the education of students entering the Hermits in 1287; finally, in 1292 he became the general of the order itself.' Giles is significant, as Mandonnet puts it, because he "est incontestablement au premier rang des th~ologiens de la fin du XIII e si~cle. "2 But this is not all. Giles is also important to the period because his writings were censured by the same commission that composed the famous Parisian condemnation of 1277. As a result of this I would like to thank Robert Wielockx, Jos Decorte, Jennifer DeRose, and especially two anonymous referees of theJHP, for their extremely useful comments on an earlier draft of this paper. P. Nash, "Giles of Rome," New Catholic Eneydopedia, vol. 6 , 485 9 "P. Mandonnet, O. P., "La carri6re scolaire de Gilles de Rome," Revue des sciences philosophiques et thlologiques 4 09t~ 497. [~9] 3 ~ JOURNAL OF THE HISTORY OF PHILOSOPHY 36: I JANUARY 1998 censure, Giles had to leave.. (shrink)

The paper offers an analysis of ongoing disputes on freedom, democracy, justice and ecological sustainability of contemporary capitalism, which became even more topical due to the global financial and economical crisis of the latter. The author’s focus is on several methodological aspects of these disputes. He shows how freedom and democracy are reduced to mere political freedom and democracy, while the distributive justice is reduced to mere redistribution of pre-distributed revenues. If social sciences are to resolve the theoretical problems of (...) the 21st century society, these reductions have inevitably to be eliminated. (shrink)

Augustyn Jakubisiak (1884-1945), Polish priest, philosopher and theologian, undertook polemics with Jan Łukasiewicz, whom he knew personally. A dispute concerning the so-called logistics (mathematical logic) and its relationship with philosophy developed between the two. The most important arguments were laid out, primarily in the following works: in the case of Jakubisiak, in the book From Scope to Content and in the case of Łukasiewicz, in the texts Logistics and Philosophy and In the Defense of Logistics. Jakubisiak criticized logistics for (...) its anti-metaphysical, anti-theological and anti-religious attitude, which was based on neo-positivist philosophy, and led, in consequence to atheism. He also claimed that one should focus on what is concrete, avoiding idealization and abstraction (meaning the content of concepts, not their scope). Łukasiewicz defended logistics claiming that it possesses its own methods based on intellect, and is also an area of independent knowledge (but not completely detached) from philosophy, due to the fact it can consider the most important philosophical problems such as finiteness and infinity. This dispute, as the researchers identified, basically concerned the reduction of philosophy to the study of language (analytic philosophy) and initiated one of the most important discussions concerning the relationship between philosophy and logic. This debate was crucial because it also concerned questions related to fundamental metaphysical issues (naturalism – supranaturalism, rationalism – irrationalism) and epistemological issues (realism – idealism, boundaries and structure of cognition). (shrink)

Various debates in bioethics have been focused on whether non-persons, such as marginal humans or non-human animals, deserve respectful treatment. It has been argued that, where we cannot agree on whether these individuals have moral status, we might agree that they have symbolic value and ascribe to them moral value in virtue of their symbolic significance. In the paper I resist the suggestion that symbolic value is relevant to ethical disputes in which the respect for individuals with no intrinsic moral (...) value is in conflict with the interests of individuals with intrinsic moral value. I then turn to moral status and discuss the suitability of personhood as a criterion. There some desiderata for a criterion for moral status: it should be applicable on the basis of our current scientific knowledge; it should have a solid ethical justification; and it should be in line with some of our moral intuitions and social practices. Although it highlights an important connection between the possession of some psychological properties and eligibility for moral status, the criterion of personhood does not meet the desiderata above. I suggest that all intentional systems should be credited with moral status in virtue of having preferences and interests that are relevant to their well-being. (shrink)

The article examines entire dispute courses in family interaction with regard to argumentation. The approach is an interdisciplinary one integrating both linguistic conversation analysis and empirical psychology, and leads to a typology of dispute courses. Research is guided by the presupposition that the presentation of an argument depends on two systems, a cognitive one and a motivational one, and that both systems are reflected in the realization of the interaction.Six types of dispute courses were detected and grouped (...) in the dichotomy of more constructive and more destructive courses where the latter were divided again into courses disturbed in topical progress or disturbed in interpersonal relationships. The types were evaluated through quantitative methods referring to an exhausting coding of the utterances in the material used. Quantitative evaluations yield a synopsis of the different dispute courses concerning the kind of mutual interaction control, the argumentation itself, and the argumentation levels of the participants. (shrink)

Speed, flexibility, negotiated control of outcomes, savings and absence of future enmity. Why lose all this in litigation when a new user‐friendly alternative is on the increase? The author is Chief Executive of the Centre for Dispute Resolution , 7 St. Katharine's Way, London E1 9LB, and Special Professor in ADR in the University of Birmingham, England.

Many philosophical disputes, most prominently disputes in ontology, have been suspected of being merely verbal and hence pointless. My goal in this paper is to offer an account of merely verbal disputes and to address the question of what is problematic with such disputes. I begin by arguing that extant accounts that focus on the semantics of the disputed statement S do not capture the full range of cases as they might arise in philosophy. Moreover, these accounts bring in heavy (...) theoretical machinery. I attempt to show that we can capture the full range of cases with an approach that is theoretically lightweight. This approach explains verbal disputes as a pragmatic phenomenon where parties use the same utterance type S with different speaker’s meaning. Moreover, it provides an answer to the crucial question Jackson’s pragmatic account leaves, at best, highly implicit. Based on my account, we can distinguish between different ways in which disputes can be verbal and different extents to which they are defective. Distinguishing between these varieties of verbalness furthermore allows us to specify what kind of substantive issues remain to be discussed once the linguistic confusion is resolved. (shrink)

1. Something strange commenced to happen in the field of logic from the beginning of the seventeenth century. Oral disputation, rather than falling into oblivion as a relic of medieval darkness wit...

“Any bad settlement,” the wise patent litigator Elmer S. Albritton once observed, “is better than a good lawsuit.” Given the notorious strain of court proceedings and the recognition that settlement does not always prove attainable, a popular movement has recently arisen in favor of “alternative dispute resolution” . Indeed it has seemed to many who have participated as committee members, witnesses, or respondents in scientific misconduct cases that there ought to be some method of resolving such matters that is (...) less vexing than traditional adjudication. (shrink)

From the 1870s to the 1920s Poor Law institutions in England developed from destinations of last resort to significant providers of health‐care. As part of this process a general professionalisation of Poor Law work took place. The change was facilitated by wider social, philosophical and political influences in nineteenth century England. The introduction of trained nurses into the Poor Law was part of a diaspora of both ideas and people from voluntary institutions and organisations. Unrecognised in 1834, nurses eventually became (...) the most numerous class of workhouse officers. This was not accomplished without dispute and acrimony. As a group and as individuals nurses were often at the centre of disputes. Utilising a social history framework and drawing on contemporary written sources, including Poor Law and nursing journals, this paper highlights the role played by Poor Law nurses in the diffusion of values and attitudes that helped to transform the workhouse regime from one of punishment to therapy. (shrink)

“There’s no disputing about taste.” That’s got a nice ring to it, but it’s not quite the ring of truth. While there’s definitely something right about the aphorism – there’s a reason why it is, after all, an aphorism, and why its utterance tends to produce so much nodding of heads and muttering of “just so” and “yes, quite” – it’s surprisingly difficult to put one’s finger on just what the truth in the neighborhood is, exactly. One thing that’s pretty (...) clear is that what’s right about the aphorism, that there’s no disputing about taste, isn’t that there’s no disputing about taste. There’s heaps of disputing about taste. People engage in disputes about which movies, music, paintings, literature, meals, furniture, architectural styles, etc. are good, beautiful, tasty, fun, elegant, ugly, disgusting, etc. all the time. This is obvious to anyone who has watched dueling-movie-critics shows, read theater reviews, or negotiated with a group or partner about which movie or restaurant to go to, or which sofa or painting to put in the living room. It takes great care and good aim to fling a brick without hitting somebody who’s engaged in a dispute about taste. (shrink)

The primary aim of a theory of consciousness is to articulate existence conditions for conscious states, i.e. the conditions under which a mental state is conscious rather than unconscious. There are two main broad approaches: The Higher-Order approach and the First-Order approach. Higher-Order theories claim that a mental state is conscious only if it is the object of a suitable state of higher-order awareness. First-Order theories reject this necessary condition. However, both sides make the following claim: for any mental state (...) M of a subject S, M is conscious if there is something it is like for S to be in M. This is the Nagelian Conception of consciousness. Taking the Nagelian Conception as a starting point, I contend that the best rationalizing explanation for the ways in which Higher-Order and First-Order theorists contribute to their dispute is to see those contributions as consistent responses to two distinct questions. (shrink)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators have observed (...) that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)

Heinrich Dörrie has demonstrated that the text of two long passages of Ovid's Heroides depends entirely on a single witness, the printed edition of the complete works published at Parma in 1477 by Stephanus Corallus. The passages in question are from the letters of Paris and Cydippe. In this paper I limit myself to a single question: whether these verses are by the same hand as the rest of the epistles of Paris and Cydippe. Since, however, I see no reason (...) to doubt that all the double epistles are by Ovid, this means in effect that I shall be asking whether the disputed passages are his. (shrink)

The third volume of The Hackett Aquinas, a series of central philosophical treatises of Aquinas in new, state-of-the-art translations accompanied by a thorough commentary on the text.

_Disputed Subjects_ analyzes some of the assumptions behind the contemporary attraction to rationalistic notions of justice and knowledge and discusses why modernity cannot be emancipatory. The effects of gender relations in constituting modern political ideas and theories of knowledge are explored, while at the same time the author identifies problematic aspects of discourses such as psychoanalysis, postmodernism and feminist theorizing. Flax pays special attention to recurrent difficulties concerning maternity, sexuality and race within feminist theorizing, and she addresses the inadequacies of (...) postmodernist accounts of subjectivity and gender. She analyzes psychoanalysis as a discursive formation to identify its particular organization of knowledge and power. (shrink)

In a paper published in this journal we proposed a method for resolving disputed land claims between two parties (Steiner and Wolff: 2003). In essence the proposal is to hold an auction between the disputants in which the land is given to the higher bidder, but the receipts of the auction to the under-bidder. We claimed that under such circumstances both parties can walk away happy: the higher bidder happy to pay the price bid for the land; the under-bidder happier (...) to have the receipts of the auction when the alternative is to pay for the land at a higher price. (shrink)

One way to challenge the substantiveness of a particular philosophical issue is to argue that those who debate the issue are engaged in a merely verbal dispute. For example, it has been maintained that the apparent disagreement over the mind/brain identity thesis is a merely verbal dispute, and thus that there is no substantive question of whether or not mental properties are identical to neurological properties. The goal of this paper is to help clarify the relationship between mere (...) verbalness and substantiveness. I first argue that we should see mere verbalness as a certain kind of discourse defect that arises when the parties differ as to what each takes to be the immediate question under discussion. I then argue that mere verbalness, so understood, does not imply that the question either party is attempting to address is a non-substantive one. Even if it turns out that the parties to the mind/brain dispute are addressing subtly different questions, these might both be substantive questions to which their respective metaphysical views provide substantive answers. One reason it is tempting to reach deflationary conclusions from the charge of mere verbalness is that we fail to distinguish it from the claim that a sentence under dispute is, in a certain sense, indisputable. Another reason is that we fail to distinguish mere verbalness from a certain sort of indeterminacy. While indisputability and indeterminacy plausibly capture forms of nonsubstantiveness, I argue that mere verbalness is insufficient to establish either indisputability or indeterminacy. (shrink)

Recently, alternatives to both the structure and content of ‘orthodox’ just war theory have been proposed by Jeff McMahan and David Rodin. In this paper, I draw on this debate to show that key ideas in just war theory can be disputed in both of these respects. More broadly, it is unclear how we should assess the debate between differing conceptions of individual principles (such as just cause and proportionality) and the competing wider theories in which they might be situated. (...) I employ the idea of reflective equilibrium, taken from John Rawls, to show how these conflicting viewpoints might be understood and assessed. I argue, then, that contemporary just war theory faces both important questions of substance, and a set of difficult meta-theoretical issues concerning the grounds on which competing just war theories can be assessed. Futhermore, I contend, this should influence the character of – and our expectations for – real-world just war institutions. (shrink)

To say that a philosophical dispute is ‘merely verbal’ seems to be an important diagnosis. If that diagnosis is correct for a particular dispute, then the right thing to do would be to declare that dispute to be over. The topic of what the disputing parties were fighting over was just a pseudo-problem (thus not really a problem), or at least – if there is a sense in which also merely verbal disputes indicate some problem, for example, (...) insufficient clarity of terminology – this problem is not substantial, or not as substantial as the disputing parties believed their problem initially to be. In this paper I will try to clarify what it means if we diagnose that two arguing parties are having a merely verbal dispute. (shrink)

On a naive view of conceptual engineering, conceptual engineers simply aim at engineering concepts. This picture has recently come under attack. Sarah Sawyer (2018, 2020) and Derek Ball (2020) present two rather different, yet equally unorthodox, accounts of conceptual engineering, which they take to be superior to the naive picture. This paper casts doubts on the superiority of their respective accounts. By elaborating on the explanatory potential of “going meta”, the paper defends the naive view against Sawyer’s and Ball’s rival (...) proposals. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its (...) proper context as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

This article consists of three parts, two introductory, in which the limits and the methods of analysis of dialogues are expounded, and the major part, in which the main features of a philosophical theory of disputation are outlined.It was an essential aim of the philosophical analysis of argumentative dialogues to develop tools of substantiation for cases in which logic doesn't help any more. In the first part of this paper I show that such tools can and will be developed only (...) by analyzing argumentations (“argumentation” in the sense of a monologue in which arguments for a thesis are brought forward), and that the analysis of argumentative dialogues doesn't contribute anything to the development of such tools.The systematically first task of the philosophical analysis of dialogues consists in understanding the general practical aims of philosophically interesting types of dialogue. Only subsequently the rules of the dialogue can be reconstructed as good means for reaching these aims. Dialogical games constructed without referring to such a purpose are externally senseless and useless.The third part is an outline of a philosophical theory of disputation (“disputation” here will mean: (learned) dialogue in which the participants cooperatively though perhaps controversially attempt to find out by means of arguments and mutual criticism whether a thesis is true or false). Disputations contain argumentations, and many functions of a disputation can also be fulfilled by argumentations alone. Certifying the truth of convictions is the specific aim of disputation. This is accomplished by eliminating errors of substantiation and foundation as effectively as possible, in revising false convictions and their foundations, thereby making the remaining convictions more certain. Based on this analysis of the aim of disputation, the basic rules of disputations will be critically reconstructed: possible moves, rules of sequence, and the internal aim and ends of disputations. (shrink)

An original form of poetical debate is elaborated in the 12th and 13th century in relation to court lyricism. Under the appellation of “jeux-partis” in “oil” tongue, they meet some success in the urban frame of the “puy d'Arras”. As they formulate a sophistry of love, they intersect a number of different formalisations such as the poetical, juridical and scholastic ones.What is at stake in the debate is expressed on the dilemmatic mode. The argumentation is worked out at large through (...) three basic enunciations: maxims, proverbs and images.The maxim, inscribed as it is in the lyrical discourse that it lays down as being axiomatical for love, has an ambivalent function: on one hand it is the enunciation one intends to dispute, on the other hand it is the form taken by the demonstration. As it combines with a syntax of demonstration it only brings out the illusion of dialectics incidentally revealing the reduddant tautology of “le jeu-parti”. Out of a number of 120 poems, there are no less than 80 proverbial expressions which articulate themselves on the context differently — although they do so in majority through assertive formulations — yet disrupting with its isotopy in so much as they illustrate and enunciate the rule at the same time. The process of examplarisation, in the form of imaged enunciations operate other alterations. If the proverb, descending from the empirical universe, universalizes the situation it refers to, the image alone proceeds inversely: from a general theme it gives an example of one or several anecdotical situations out of which the universalness of the rule emerges.Now, none of those enunciations proceeds from a demonstrative or even properly argumentative logic. They are enclosed in themselves. The interlocutors do not resume what has just been said, unless it be in a blunt form of refutation. The true formalisation is polemical. It consists in a discourse which handles irony, lightly touches insult and seeks after effect rather than reasoning. It builds up its own truth — contradictorily though — as a game played on an audience whose complicity is to be grasped and then requested — for truthfulness does lie right in the midst of the debate and asserts itself unendlessly, such as it is in “les disputes”, those contests between scholars. “Disputes” and “jeux-partis” promote a logic of controversy. They are “argumentations-spectacles”. The elaboration of truth lies elsewhere, in the “Summae” for example. Le “jeu-parti” is aporhetical. If ever there exists an answer to its questioning, it can be found in love poetry the form of which includes the “sic et non” of “la joy”, mirth and play on love. (shrink)

Litigation and mediation offer substantive and important approaches toward resolving environmental disputes. Yet as currently practiced both approaches have shortcomings. For example, litigation often promotes divisive, adversarial relationships. Mediation often yields untenable ground given the seriousness of many environmental problems. This paper offers a reconception of both approaches. It is argued that both litigation and mediation need to be embedded within a more ethically comprehensive context, one of ‘courting ethical community’. Discussion focuses on what it means in this sense to (...) court, on what defines and bounds the ethical, and how courting depends on understanding not only differences but commonalities in people's environmental views and values. (shrink)

This paper reviews the largely psychological literature surrounding apparent failures of human rationality (sometimes referred to as 'the Rationality Wars') and locates it with respect to concepts and issues within more traditional epistemological inquiry. The goal is to bridge the gap between these two large and typically disconnected literatures – concerning rationality and the psychology of human reasoning, on the one hand, and epistemological theories of justified or rational belief, on the other – and to do so in such as (...) way as to expose interesting points of contact and convergence between them. (shrink)