Volume 10, Issue 2, June 2019, Page 246-254.

Many of Dworkin’s interlocutors saw his ‘one-system view’, according to which law is a branch of morality, as a radical shift. I argue that it is better seen as a different way of expressing his longstanding view that legal theory is an inherently normative endeavor. Dworkin emphasizes that fact and value are separate domains, and one cannot ground claims of one sort in the other domain. On this view, legal philosophy can only answer questions from within either domain. We cannot (...) ask metaphysical questions about which domain law ‘properly’ belongs in; these would be archimedean, and Dworkin has long argued against archimedeanism. The one-system view, then, is best understood as an invitation to join Dworkin in asking moral questions from within the domain of value. Finally, I argue that Dworkin’s view can be understood as a version of ‘eliminativism’, a growing trend in legal philosophy. (shrink)

Ratio Juris, Volume 35, Issue 3, Page 258-272, September 2022.

Finnis’s theory of law distinguishes between law in the focal sense and law in the legal sense. Law in the focal sense is law that promotes the common good. Citizens may appeal to considerations of...

Where has the Western attraction to the study and practice of shamanic techniques brought us? Where might it take us? In what ways have our Western biases and philosophical underpinnings influenced and changed how shamanism is practiced, both in the West and in the traditional cultures out of which they emerged? Is it time to stop using the umbrella term “shamanism” to refer to such diverse cross-cultural practices? What are our responsibilities, both as researchers and as spiritual seekers? In this (...) conversation, researcher-authors Stephan Beyer, Stanley Krippner, and Hillary S. Webb discuss their work in field and consider some of the ramifications of the Western world's intellectual and spiritual fascination with shamanic practices. Special attention is paid to the language used to describe these techniques and their practitioners, the developing relationship between researchers and cultural participants, and the ethical implications of merging what are often very distinct worldviews. (shrink)

Peter Abelard (1079–1142 ce) was the most wide‐ranging philosopher of the twelfth century. He quickly established himself as a leading teacher of logic in and near Paris shortly after 1100. After his affair with Heloise, and his subsequent castration, Abelard became a monk, but he returned to teaching in the Paris schools until 1140, when his work was condemned by a Church Council at Sens. His logical writings were based around discussion of the “Old Logic”: Porphyry's Isagoge, aristotle'S Categories and (...) On Interpretation and boethius'S textbook on topical inference. They comprise a freestanding Dialectica (“Logic”; probably c.1116), a set of commentaries (known as the Logica [Ingredientibus], c. 1119) and a later (c. 1125) commentary on the Isagoge (Logica Nostrorum Petititoni Sociorum or Glossulae). In a work Abelard called his Theologia, issued in three main versions (between 1120 and c.1134), he attempted a logical analysis of trinitarian relations and explored the philosophical problems surrounding God's claims to omnipotence and omniscience. The Collationes (“Debates,” also known as “Dialogue between a Christian, a Philosopher and a Jew”; probably c.1130) present a rational investigation into the nature of the highest good, in which the Christian and the Philosopher (who seems to be modeled on a philosopher of pagan antiquity) are remarkably in agreement. The unfinished Scito teipsum (“Know thyself,” also known as the “Ethics”; c.1138) analyses moral action. (shrink)

This paper defends an account of the laws of nature in terms of irreducibly modal properties (aka powers) from the threat posed by functional laws, conservation laws and symmetries. It thus shows how powers theorists can avoid ad hoc explanations and resist an inflated ontology of powers and governing laws. The key is to understand laws not as flowing from the essences of powers, as per Bird (2007), but as features of a description of how powers are possibly distributed, as (...) per Demarest (2017), Kimpton-Nye (2017, 2021) and Williams (2019); call this the Powers-BSA. This underappreciated powers-based account of laws is continuous with actual scientific practice and thereby quite naturally accommodates functional laws, conservation laws and symmetries. This paper thus positions the Powers-BSA as the leading anti-Humean account of the relationship between laws and properties. (shrink)

Ethnographic interviews were conducted with 28 pit bull "owners" to explore the sociological experience of having a dog with a negative image. Results indicate that the vast majority of respondents felt that these dogs were stigmatized because of their breed. Respondents made this conclusion because friends, family, and strangers were apprehensive in the presence of their dogs and because they made accusations about the breed's viciousness and lack of predictability. In the face of this stigma, respondents resorted to using a (...) variety of interactional strategies to lessen the impact of this perception or prevent it from occurring. These strategies included passing their dogs as breeds other than pit bulls, denying that their behavior is biologically determined, debunking adverse media coverage, using humor, emphasizing counter-stereotypical behavior, avoiding stereotypical equipment or accessories, taking preventive measures, or becoming breed ambassadors. (shrink)

This paper responds to Friend’s (2023) critique of the Powers-BSA, a view according to which laws of nature are efficient descriptions of how modally laden properties (powers) are possibly distributed in spacetime. In the course of this response, the paper discusses the nature of scientific and metaphysical explanation, the aim of science and the structure of modal space.

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. This (...) paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

This article focuses on a theoretical account integrating classic and recent findings on the communication of emotions across cultures: a dialect theory of emotion. Dialect theory uses a linguistic metaphor to argue emotion is a universal language with subtly different dialects. As in verbal language, it is more challenging to understand someone speaking a different dialect—which fits with empirical support for an in-group advantage, whereby individuals are more accurate judging emotional expressions from their own cultural group versus foreign groups. Dialect (...) theory has sparked controversy with its implications for dominant theories about cross-cultural differences in emotion. This article reviews the theory, its mounting body of evidence, evidence for alternative accounts, and practical implications for multicultural societies. (shrink)

Good communication between healthcare providers and patients is vital to effective healthcare. In order to understand patients’ complaints, make accurate diagnoses, obtain informed consent and explain treatment regimens, clinicians must communicate well with their patients. This can be challenging when treating patients from unfamiliar cultural backgrounds, such as the Deaf. Not only are they a linguistic and cultural minority, they are also members of the world’s largest and oft-forgotten minority group: the disability community. Under Article 25 of the United Nations (...) Convention on the Rights of Persons with Disabilities, persons with disabilities have rights to the same range, quality and standard of free or affordable healthcare and programmes as provided to other people. Yet communication barriers and healthcare providers’ lack of familiarity with Deaf culture can impair the quality and accessibility of healthcare for the Deaf. This essay analyses the scope of this issue in Singapore: a state party to the CRPD which has a vibrant Deaf community, and yet no legislative or constitutional guarantees of the rights of persons with disabilities. In addition to exploring the communication barriers faced by Deaf patients in Singapore, this essay highlights ways in which healthcare providers and the state can support community-based initiatives to overcome these barriers. (shrink)

Todo ahora es diferente, la vida ha cambiado de manera inminente y casi sin que nos demos cuenta de ello. Se ha dejado de lado la importancia de tantas cosas, al parecer vivimos en una clase de “modo automático”, ya no surgen preguntas filosóficas, ya no hay interés en el porqué de las cosas, no hay curiosidad dentro de nosotros; ¿Qué está pasándole a la sociedad?, acaso es que hemos perdido una parte de ser humano que jamás volverá, la sensibilidad, (...) el deseo de vivir, la felicidad, la importancia del cuerpo, del arte, la cultura, el amor, el conocimiento, la vocación, ¿todo esto ya ha sido reemplazado? creemos que sí.Avanzamos a zancadas enormes, la vida está corriendo muy aprisa, la ciencia y la tecnología parecen encerrarnos en una burbuja invisible, de la cual es imposible escapar, todos y cada uno de nosotros estamos dentro de ella.Las nuevas tecnologías nos han transformado en lo que Guy Deboard llama ‘La sociedad del espectáculo’ y que más adelante Mario Vargas Llosa vuelve a retomar en ‘la civilización del espectáculo’; las redes sociales han generado en nosotros actitudes de desinterés, pérdida de identidad, nos hemos convertido, claramente, en una sociedad en la que se premia a los mejores civiles en base al éxito que tienen en sus redes, la influencia que tienen ante los demás; hemos perdido la importancia de la intelectualidad, los saberes contenidos en nosotros, ya no almacenamos nada, todo se ha vuelto desechable, y tal parece que vivimos en una sociedad desechable también, que no se preocupa por valorar, cuidar, recompensar las buena acciones; se premia a un futbolista de la misma manera que se premia a un intelectual del premio nobel, y esto claramente es indignante. En el presente trabajo pretendemos dar a conocer, ampliar y relacionar la ‘civilización’ del espectáculo y la ‘sociedad’ del espectáculo en las redes sociales, y cómo esto, sin duda, genera en nosotros conflictos, tanto individuales como colectivos. (shrink)

ai Diminished gaze fixation is one of the core features of autism and has been proposed to be associated with abnormalities in the neural circuitry of affect. We tested this hypothesis in two separate studies using eye tracking while measuring functional brain activity during facial discrimination tasks in individuals with autism and in typically developing individuals. Activation in the fusiform gyrus and amygdala was strongly and positively correlated with the time spent fixating the eyes in the autistic group in both (...) studies, suggesting that diminished gaze fixation may account for the fusiform hypoactivation to faces commonly reported in autism. In addition, variation in eye fixation within autistic individuals was strongly and positively associated with amygdala activation across both studies, suggesting a heightened emotional response associated with gaze fixation in autism. (shrink)

Dispositional Essentialism is a unified anti-Humean account of the metaphysics of low-level physical properties and laws of nature. In this paper, I articulate the view that I label Canonical Dispositional Essentialism, which comprises a structuralist metaphysics of properties and an account of laws as relations in the property structure. I then present an alternative anti-Humean account of properties and laws. This account rejects CDE’s structuralist metaphysics of properties in favour of a view of properties as qualitative grounds of dispositions and (...) it rejects CDE’s view of laws as relations in favour of a view of laws as features of an efficient description of possible property distributions. I then defend this view over CDE on the grounds that it can overcome an explanatory shortcoming of CDE and that it achieves a level of continuity with science that CDE fails to achieve. The upshot of this paper is a significant narrowing of the range of possibilities in which the absolutely best unified account of laws and properties resides. (shrink)

Kollaboration und Konkurrenz gibt es in der Wissenschaft zwischen Individuen oder verschiedenen Gruppen, größeren Organisationen, Schauplätzen und Nationalstaaten. Die Spannung zwischen individuellem Ansehen und Gruppenmeriten oder individuellem Ehrgeiz und Gruppenleistung ist der wissenschaftlichen Arbeit inhärent und trägt zu ihrem Erfolg bei. Die Autorin vergleicht zwei soziale Modelle der Wissenschaft, die entwickelt wurden, als Wissenschaftler im 20. Jahrhundert zunehmend begannen kollaborativ zu forschen: Michael Polanyis individualistische Freie-Markt-Republik der Wissenschaft und Ludwik Flecks Denkkollektiv. Diese beiden Modelle sollten Praktiken beschreiben und Ideale für (...) die Wissenschaft im allgemeinen auf der Grundlage der Erfahrungen spezialisierter Forschungsgruppen vorschreiben. Die Arbeitsgruppen von Linus Pauling und Dorothy Crowfoot Hodgkin dienen hier der Erläuterung der beiden Modelle. Die Autorin untersucht verschiedene Auswirkungen von Paulings und Hodgkins Praktiken auf das persönliche Ansehen des Direktors und der Mitarbeiter, und schließt mit der Frage, ob eine kollektive Wissenschaft möglich ist. (shrink)

Substantive counterlegal discourse poses a problem for those according to whom the laws of nature are metaphysically necessary. I discern two types of necessitarianism about laws: dispositional essentialism and modal necessitarianism. I argue that Toby Handfield’s response to the problem of counterlegals cannot help the modal necessitarian, according to whom all possible worlds are identical with respect to the laws. I thus propose a fictionalist treatment of counterlegals. Fictions are not limited by metaphysical possibility; hence, fictionalism affords the modal necessitarian (...) the means to account for the apparent substance of counterlegals even granting the metaphysical necessity of the laws. (shrink)

Abstract:“Feminist Graphic Art” reviews recent feminist scholarly work on comics alongside several new feminist comics titles themselves, suggesting through a focus on theory and practice that the medium of comics is an expanding realm of possibility for feminist expression, particularly around issues of subjectivity, embodiment, and collectivity.

Kollaboration und Konkurrenz gibt es in der Wissenschaft zwischen Individuen oder verschiedenen Gruppen, größeren Organisationen, Schauplätzen und Nationalstaaten. Die Spannung zwischen individuellem Ansehen und Gruppenmeriten oder individuellem Ehrgeiz und Gruppenleistung ist der wissenschaftlichen Arbeit inhärent und trägt zu ihrem Erfolg bei. Die Autorin vergleicht zwei soziale Modelle der Wissenschaft, die entwickelt wurden, als Wissenschaftler im 20. Jahrhundert zunehmend begannen kollaborativ zu forschen: Michael Polanyis individualistische Freie-Markt-Republik der Wissenschaft und Ludwik Flecks Denkkollektiv. Diese beiden Modelle sollten Praktiken beschreiben und Ideale für (...) die Wissenschaft im allgemeinen auf der Grundlage der Erfahrungen spezialisierter Forschungsgruppen vorschreiben. Die Arbeitsgruppen von Linus Pauling und Dorothy Crowfoot Hodgkin dienen hier der Erläuterung der beiden Modelle. Die Autorin untersucht verschiedene Auswirkungen von Paulings und Hodgkins Praktiken auf das persönliche Ansehen des Direktors und der Mitarbeiter, und schließt mit der Frage, ob eine kollektive Wissenschaft möglich ist. (shrink)

Hardcore actualism (HA) grounds all modal truths in the concrete constituents of the actual world (see, e.g., Borghini and Williams (2008), Jacobs (2010), Vetter (2015)). I bolster HA, and elucidate the very nature of possibility (and necessity) according to HA, by considering if it can validate S5 modal logic. Interestingly, different considerations pull in different directions on this issue. To resolve the tension, we are forced to think hard about the nature of the hardcore actualist's modal reality and how radically (...) this departs from possible worlds orthodoxy. Once we achieve this departure, the prospects of a hardcore actualist validation of S5 look considerably brighter. This paper thus strengthens hardcore actualism by arguing that it can indeed validate S5–arguably the most popular logic of metaphysical modality–and, in the process, it elucidates the very nature of modality according to this revisionary, but very attractive, modal metaphysics. (shrink)

A developing area of interest in ethics and in legal studies is privacy protection. This paper focuses on privacy protection in employment, and examines some of the arguments of commentators who seek to limit the information obtained from job candidates and employees. The ethical underpinnings of these restrictions are discussed in terms of how privacy in employment relations can be understood as functioning to provide a context for the maintenance and development of self‐identity, an autonomous self‐concept, the practice of meaningful (...) autonomy, and a pluralistic social order. In the second part of the paper the proposed restrictions are examined in terms of their impact on economic welfare. The latter consideration suggests that HRM and allied professional groupings that unilaterally implemented the critics’ proposals could be deemed to be paternalistic. The potential relevance of legal regulation to resolve this issue for ‘ethical’ HRM professional practice and its significance in the area of genetic discrimination are discussed. (shrink)

A developing area of interest in ethics and in legal studies is privacy protection. This paper focuses on privacy protection in employment, and examines some of the arguments of commentators who seek to limit the information obtained from job candidates and employees. The ethical underpinnings of these restrictions are discussed in terms of how privacy in employment relations can be understood as functioning to provide a context for the maintenance and development of self‐identity, an autonomous self‐concept, the practice of meaningful (...) autonomy, and a pluralistic social order. In the second part of the paper the proposed restrictions are examined in terms of their impact on economic welfare. The latter consideration suggests that HRM and allied professional groupings that unilaterally implemented the critics’ proposals could be deemed to be paternalistic. The potential relevance of legal regulation to resolve this issue for ‘ethical’ HRM professional practice and its significance in the area of genetic discrimination are discussed. (shrink)

Teaching for social justice requires an ability to address sensitive issues such as racism and sexism so that students can gain critical consciousness of these pervasive social realities. However, the empirical literature thus far provides minimal exploration of the factors teachers consider in deciding how to address these issues. This study explores this question through ethnographic case studies of two urban, 11th grade U.S. History classrooms. Differing classroom racial demographics and teacher instructional goals resulted in two distinct pedagogical approaches to (...) social justice teaching. Despite differences in class makeup and teaching approach, students in both classrooms developed intellectual confidence and critical citizenship skills related to their growing sociopolitical awareness. (shrink)

Recent trends in the understanding of culture contact, with concepts such as hybridization, cosmopolitanism, and cultural innovation, open up the possibility of a new understanding of human interaction. While the social imaginary is rich with images of conflict resulting from culture contact, images of creativity are far rarer. We propose the creation of an extensive research project to document cultural creativity, starting with obvious examples in the arts, and expanding into all areas of life in order to counteract the present (...) conflictual images and develop a social imaginary with positive “attractor” images that can guide to greater creativity. (shrink)

Recently, training programs in research ethics have been established to enhance individual and institutional capacity in research ethics in the developing world. However, commentators have expressed concern that the efforts of these training programs have placed ‘too great an emphasis on guidelines and research ethics review’, which will have limited effect on ensuring ethical conduct in research. What is needed instead is a culture of ethical conduct supported by national and institutional commitment to ethical practices that are reinforced by upstream (...) enabling conditions, which are in turn influenced by developmental conditions. Examining this more inclusive understanding of the determinants of ethical conduct enhances at once both an appreciation of the limitations of current efforts of training programs in research ethics and an understanding of what additional training elements are needed to enable trainees to facilitate national and institutional policy changes that enhance research practices. We apply this developmental model to a training program focused in Egypt to describe examples of such additional training activities. (shrink)

Most research on cross-cultural emotion recognition has focused on facial expressions. To integrate the body of evidence on vocal expression, we present a meta-analysis of 37 cross-cultural studies...

I argue that an unHumean ontology of irreducibly dispositional properties might be fruitfully combined with what has typically been thought of as a Humean account of laws, namely, the best-system account, made popular by David Lewis (e.g., 1983, 1986, 1994). In this paper I provide the details of what I argue is the most defensible account of Humean laws in an unHumean world. This package of views has the benefits of upholding scientific realism while doing without any suspect metaphysical entities (...) to account for natural law. I conclude by arguing that the Humean laws-unHumean ontology package is well placed to provide an account of objective, nontrivial chances, a famous stumbling block for the Humean laws-Humean ontology package developed by Lewis. (shrink)

No present theory explains the inferences people draw about the real world when reasoning about “bouletic” relations, that is, predicates that express desires, such aswantin “Lee wants to be in love”. Linguistic accounts ofwantdefine it in terms of a relation to a desirer's beliefs, and how its complement is deemed desirable. In contrast, we describe a new model‐based theory that posits that by default, desire predicates such aswantcontrast desires against facts. In particular,A wants Pimplies by default thatPis not the case, (...) because you cannot want what is already true. On further deliberation, reasoners may infer thatA believes, but does not know for certain, thatPis not the case. The theory makes several empirical predictions about how people interpret, assess the consistency of, and draw conclusions from desire predicates likewant. Seven experiments tested and validated the theory's central predictions. We assess the theory in light of recent proposals of desire predicates. (shrink)

Clustered, regularly interspaced, short palindromic repeat (CRISPR)/CRISPR‐associated protein (CRISPR/Cas) system has revolutionized genetic research in the life sciences. Four classes of CRISPR/Cas‐derived genome editing agents, such as nuclease, base editor, recombinase, and prime editor have been introduced for engineering the genomes of diverse organisms. The recently introduced prime editing system offers precise editing without many off‐target effects than traditional CRISPR‐based systems. Many researchers have successfully applied this gene‐editing toolbox in diverse systems for various genome‐editing applications. This review presents the mechanism (...) of prime editing and summarizes the details of the prime editing system applied in plants and mammalian cells for precise genome editing. We also discuss the advantages, limitations, and potential future applications of prime editing in these systems. This review enables the researcher to gain knowledge on prime editing tools and their potential applications in plants and mammalian cells. (shrink)

Entropy is proposed as a concept which in its broader scope can contribute to the study of the General Information System. This paper attempts to identify a few fundamental subconcepts and LEMMAS which will serve to facilitate further study of system order. The paper discusses: partitioning order into logical and arbitrary kinds; the relationship of order to pattern; and suggested approaches to evaluating and improving the General Information System.

This study analyzes 435 oocyte donor recruitment advertisements to assess whether entities recruiting donors of oocytes to be used for in vitro fertilization (IVF) procedures include a disclosure of risks associated with the donation process in their advertisements. Such disclosure is required by the self-regulatory guidelines of the American Society for Reproductive Medicine (ASRM) and by law in California for advertisements placed in the state. We find very low rates of risk disclosure across entity types and regulatory regimes, although risk (...) disclosure is more common in advertisements placed by entities subject to ASRM's self-regulatory guidelines. Advertisements placed in California are more likely to include risk disclosure, but disclosure rates are still quite low. California-based entities advertising outside the state are more likely to include risk disclosure than non-California entities, suggesting that California's law may have a modest “halo effect.” Our results suggest that there is a significant ethical and policy problem with the status quo in light of the known and unknown risks of oocyte donation and the importance of risk disclosure to informed consent in the context of oocyte donation. (shrink)

In vitro fertilization using donated oocytes has proven to be an effective treatment option for many prospective parents struggling with infertility, and the usage of donated oocytes in assisted reproduction has increased markedly since the technique was first successfully used in 1984. Data published by the Centers for Disease Control and Prevention on the use of assisted reproductive technologies in the United States indicate that approximately 12% of all ART cycles in the country now use donated oocytes. The increased use (...) of oocyte donation in the United States has prompted discussion regarding risks associated with the process and how best to ensure the safety of oocyte donors.Physical risks associated with oocyte donation include bleeding, infection, ovarian hyperstimulation syndrome and a potential, although unconfirmed, increased risk of developing various forms of cancer, such as uterine, colon, breast, ovarian, and endometrial cancers. (shrink)

According to hardcore actualism (HA), all modal truths are grounded in the concrete constituents of the actual world. In this paper, I discuss some problems faced by HA when it comes to accounting for certain alleged possibilities of non‐existence. I focus particular attention on Leech (2017)'s dilemma for HA, according to which HA must either sacrifice extensional correctness or admit mere possibilia. I propose a solution to Leech's dilemma, which relies on a distinction between weak and strong possibility. It remains (...) the case, however, that HA cannot capture certain iterated de re possibilities of non‐existence and that it is committed to a stock of necessary existents. But I still think that the virtues of the view outweigh these costs. (shrink)

En 1986 se formó en Talca la Casa Yela, una de las primeras organizaciones de mujeres que luchaba en contra de la violencia doméstica y sexual. Compuesta principalmente de mujeres populares, esta pequeña ONG logró establecer su propia casa de acogida en 1995. Lo que nos interesa explorar en este artículo es la manera en que se fue articulando la Casa Yela, a nivel endógeno y exógeno, en términos de su configuración como grupo y su inserción dentro de una red (...) de otras organizaciones. De particular interés para la literatura especializada sobre movimientos sociales y mujeres populares, nuestro estudio propone que la Casa Yela enfrentó principalmente dos desafíos constantes durante su trayectoria –una falta crónica de recursos y una relación fluctuante con el Estado. Exploraremos las maneras en que la Casa Yela manejó este panorama, y utilizaremos este caso de estudio para desdibujar algunas ideas sobre la relación entre las organizaciones de base y el Estado durante el período de estudio. (shrink)

In the first part of this article we briefly describe the design and development of a Consciousness Studies concentration at Goddard College, a student centered, progressive educational institution in the northeastern United States. We emphasize the tensions we experienced between different orientations in Consciousness Studies and especially the one related to the scientific and transpersonal ends of the spectrum of consciousness. In the second part, we relate the scientific‐transpersonal issue that we experienced at Goddard to the broader theory and practice (...) of Consciousness Studies. We also link the latter to the so‐called explanatory gap between third and first person forms of consciousness and the call for first person methods of exploring consciousness. Our conclusion is that the scientific approach has the edge and is at risk of assimilating other approaches to the detriment of Consciousness Studies. In our view, the future development of Consciousness Studies, both in theory and practice, requires several different approaches from the scientific to the transpersonal and privileging one is to narrow the field of possibilities and to risk falling prey to one‐sidedness. (shrink)