Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)

The field of hate crime research addresses the presence, sources and impact of particular types of expressions of prejudice, often perceived as particularly damaging and hurtful forms of interpersonal abuse and violence. Little, if any, credible academic research seeks to vindicate the specific racist, gendered and other vicious prejudices articulated by many perpetrators of hate crime. In turn, this raises the reflexive question of the possibilities of researchers themselves ever being able to adopt a truly "unprejudiced" approach to the presence (...) of such damaging prejudices. Can this goal be realised without a researcher necessarily losing an experientially-grounded understanding of what these meanings, values and purposes have come to mean, and how they are themselves interpretatively re-constituted anew, including within the lived experience of victims, witnesses, police, prosecutors, judges and victim support workers? A possible philosophically-informed approach to the dilemmas posed by this topic is offered by Husserl's phenomenology. Husserl's perpetually unfinished philosophical methodology strives, with concerted if sometimes tragic reflective rigor, to "suspend," "bracket out" and "neutralise" those core presuppositions constitutive of the research field that typically pre-judge precisely whatever demands to be questioned and explored in a radically non-prejudicial manner. This study critically explores the possibilities, reflective stages and theoretical limitations of a sympathetically reconstructed Husserlian approach to hate crime, itself understood as a would-be qualitative "science of consciousness." It argues that despite its manifest tensions, gaps, ambiguities and internal contradictions, aspects of the Husserlian philosophical approach directed towards the different levels of experienced hate crime still retain the potential to both challenge and advance our understanding of this topic. It is the "instructive" part of "instructive failure" that this article highlights. (shrink)

Human behavior is frequently described both in abstract, general terms and in concrete, specific terms. We asked whether these two ways of framing equivalent behaviors shift the inferences people make about the biological and psychological bases of those behaviors. In five experiments, we manipulated whether behaviors are presented concretely (i.e. with reference to a specific person, instantiated in the particular context of that person’s life) or abstractly (i.e. with reference to a category of people or behaviors across generalized contexts). People (...) judged concretely framed behaviors to be less biologically based and, on some dimensions, more psychologically based than the same behaviors framed in the abstract. These findings held true for both mental disorders (Experiments 1 and 2) and everyday behaviors (Experiments 4 and 5) and yielded downstream consequences for the perceived efficacy of disorder treatments (Experiment 3). Implications for science educators, students of science, and members of the lay public are discussed. (shrink)

The man of Luz in Judg 1:22–26 is rejected by the Israelites with whom he cooperated, and is forced to leave his homeland. In moving from old Luz (Bethel) to new Luz, he finds himself attached to two homes and caught in the politics of identity and home in Israel. His story resonates with Asian Americans who also find themselves in the middle of the politics of identity and home in the United States.

The author indicates some ways in which cartesian dualists can counter strawson's argument that no cartesian mind can be identified either by itself or by other such minds. Judging the identification argument inconclusive, The author formulates what he regards as a more effective argument against cartesian dualism. The argument is to the effect that cartesian dualism promises no satisfactory account of the unity of a mind. Noting that a cartesian mind is presumed to be the subject of a multiplicity of (...) simultaneous and successive experiences, The author thinks it legitimate to ask how the attribution of many experiences to the same subject is possible. He considers and rejects some answers that could be given in the framework of cartesian dualism. (shrink)

In this dissertation I explore Frege’s conception of truth. In particular I defend the thesis that Frege in his mature career takes truth to be an object, i.e., the True qua the reference of true sentences. In the literature on truth Frege has been usually taken to be a truth deflationist or a truth primitivist. Indeed Frege leaves a number of comments that sound like typical deflationist claims and his famous indefinability argument is the most discussed argument for primitivism. However, (...) Frege is neither a deflationist nor a primitivist. His deflationist remarks and the indefinability argument are rather his arguments that truth is an object. -/- For Frege judging—and its verbal counterpart asserting—is always acknowledging the truth of a truth-bearer. Thus, if truth is an object for him, his conception of judgment ought to also be adjusted accordingly. Indeed Frege shows how we can understand judgment qua acknowledgment of truth if truth is an object. Specifically, judging that p is identifying the True with the reference of ‘p’ non-judgmentally, i.e., without judging that p is identical with the reference of ‘p’. Frege’s conception of judgment impacts his conception of knowledge because the act of judging is that of producing knowledge. In a nutshell our act of judging and the knowledge we produce by it are epistemically grounded in our objectual knowledge of the True. If we take this point into account, we can develop a new reading of Frege’s claim that logic is the science of truth. -/- The suggested reading of Frege’s conception of truth and related notions can make a contribution to contemporary philosophical problems. First, Frege’s conception of judgment can cope with Peter Hanks’s recent criticisms of the Fregean picture of judgment in general. Secondly, his conception of assertion can explain the connection between truth and assertion in a novel way. Lastly, Frege’s conception of knowledge can be developed into a new theory of knowledge where objectual knowledge is more fundamental than propositional knowledge. (shrink)

As documented by Darwin 150 years ago, emotion expressed in human faces readily draws our attention and promotes sympathetic emotional reactions. How do such reactions to the expression of emotion affect our goal-directed actions? Despite the substantial advance made in the neural mechanisms of both cognitive control and emotional processing, it is not yet known well how these two systems interact. Here, we studied how emotion expressed in human faces influences cognitive control of conflict processing, spatial selective attention and inhibitory (...) control in particular, using the Eriksen flanker paradigm. In this task, participants viewed displays of a central target face flanked by peripheral faces and were asked to judge the gender of the target face; task-irrelevant emotion expressions were embedded in the target face, the flanking faces, or both. We also monitored how emotion expression affects gender judgment performance while varying the relative timing between the target and flanker faces. As previously reported, we found robust gender congruency effects, namely slower responses to the target faces whose gender was incongruent with that of the flanker faces, when the flankers preceded the target by 0.1 s. When the flankers further advanced the target by 0.3 s, however, the congruency effect vanished in most of the viewing conditions, except for when emotion was expressed only in the flanking faces or when congruent emotion was expressed in the target and flanking faces. These results suggest that emotional saliency can prolong a substantial degree of conflict by diverting bottom-up attention away from the target, and that inhibitory control on task-irrelevant information from flanking stimuli is deterred by the emotional congruency between target and flanking stimuli. (shrink)

The author proposes and employs the Avalanche Perspective in analysing the entry of women into the Korean judiciary from the first pioneers in 1952 to the present. Starting from a general atmospheric warming trend towards women in postwar Korea, there developed instability in the status quo, then a breakthrough that led to a cascade of women participating in the legal profession. Although cultural resistance and political obstacles remained to be overcome, this quantitative expansion ultimately led to a greater acceptance of (...) women’s participation in the judicial arena. Significant judicial changes that furthered the causes of women in contemporary Korea were coincident with women being members of the judiciary. The quantitative changes of the past fifty-six years opened the possibility of qualitative progress for women in the Korean judiciary. The Avalanche Perspective as applied to the judiciary in Korea, provides an understanding of the forces at work that have had a profound effect upon the place of women in the new cultural and political reality of the Korean people. (shrink)

Riassunto: Lo statuto della psicologia come scienza speciale è l’oggetto del dibattito pluridecennale intercorso tra Jerry Fodor e Jaegwon Kim. La questione epistemologica delle leggi delle scienze cognitive si intreccia inestricabilmente con riflessioni di tipo metafisico sul dilemma mente-corpo: se Fodor ammette la validità delle leggi psicologiche, considerate irriducibili alle leggi della fisica, il fisicalismo riduzionista di Kim esclude invece tale possibilità. Così, il dialogo tra i due paradigmi funzionalisti delinea una serie di snodi problematici relativi sia allo status delle (...) proprietà mentali, come alla possibilità di una scienza che possa aprirsi alla inter-specificità, o alla trasversalità delle strutture di implementazione. Centrale, nel dibattito, è la nozione di realizzabilità multipla: tale argomento, che viene addotto a sostegno di un certo grado di autonomia del mentale, viene da Kim giudicato, invece, essenzialmente aporetico. Parole chiave: Filosofia della mente; Scienze cognitive; Realizzabilità multipla; Funzionalismo; Fisicalismo riduzionista Fodor, Kim and the autonomy of cognitive sciences: The status of psychology as a special science is the main topic of the debate between two of the most important philosophers of mind in our times: Jerry Fodor and Jaegwon Kim. The epistemology of psychological laws is inextricably intertwined with the metaphysical quarrel over the mind-body problem. Fodor argues for the validity of psychological laws and their irreducibility to physical ones, whereas Kim’s reductive physicalism rules out their validity. Therefore, the dialogue between these two functionalist paradigms covers a range of open questions concerning the status of mental properties within a physicalist framework, as well as questions concerning the possibility of cross-species cognitive sciences. The notion of multiple realization is a pivotal point in this debate: it should indicate that the mind enjoys a certain degree of autonomy, yet Kim judges it to be aporetic in nature. Keywords: Philosophy of Mind; Cognitive Sciences; Multiple Realization; Functionalism; Reductive Physicalism. (shrink)

This book, based on Jaegwon Kim's 1996 Townsend Lectures, presents the philosopher's current views on a variety of issues in the metaphysics of the mind...

Direction of fit theories usually claim that beliefs are such that they “aim at truth” or “ought to fit” the world and desires are such that they “aim at realization” or the world “ought to fit” them. This essay argues that no theory of direction of fit is correct. The two directions of fit are supposed to be determinations of one and the same determinable two-place relation, differing only in the ordering of favored terms. But there is no such determinable (...) because of ineliminable asymmetries between the way that beliefs “aim at truth” and the way that desires “aim at realization.” This essay traces the ills of direction of fit theory to a misunderstanding of Anscombe and proposes a cure that distinguishes theoretical and practical thought by appeal to a distinction between thought in the form of a state and thought in the form of an event. (shrink)

Is Anscombean practical knowledge independent of what the agent actually does on an occasion? Failure to understand Anscombe’s answer to this question is a major obstacle to appreciating the subtlety and plausibility of her view. I argue that Anscombe’s answer is negative, and turns on the nature of mistakes in performance, and reveals a distinctive implicit metaphysics of mind and knowledge, structured by related capacities and exercises of capacities. If my interpretation is correct, then practical knowledge shares features with knowledge-how (...) and knowledge-that, but deserves its own epistemic category. (shrink)

Responsible leadership is rare. It is not that most leaders are irresponsible, but responsibility in leadership is frequently defined so that an important connotation of responsible leadership is ignored. This article equates responsible leadership with virtuousness. Using this connotation implies that responsible leadership is based on three assumptions—eudaemonism, inherent value, and amplification. Secondarily, this connotation produces two important outcomes—a fixed point for coping with change, and benefits for constituencies who may never be affected otherwise. The meaning and advantages of responsible (...) leadership as virtuous leadership are discussed. (shrink)

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are highly (...) variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

(From the Press's Website) -/- Winner of the 2004 Lakatos Prize, Thought in a Hostile World is an exploration of the evolution of cognition, especially human cognition, by one of today's foremost philosophers of biology and of mind. Features an exploration of the evolution of human cognition. Written by one of today’s foremost philosophers of mind and language. Presents a set of analytic tools for thinking about cognition and its evolution. Offers a critique of nativist, modular versions of evolutionary psychology, (...) rejecting the example of language as a model for thinking about human cognitive capacities. Applies to the areas of cognitive science, philosophy of mind, and evolutionary psychology. -/- . (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics, working across continental and analytical traditions. Kim Atkins explains and justifies the basis of the practical approach through an explication of the structures of human embodiment and an account of how those structures necessitate a narrative model of selfhood, understanding and ethics. She highlights how recent work on agency and autonomy implicitly draws upon conceptions of embodiment and intersubjectivity that underpin (...) the narrative view. (shrink)

In this article we defend the view that, on the All Affected Principle of voting rights, the weight of a person’s vote on a decision should be determined by and only by the degree to which that dec...

Some people of colour feel shame in response to racist incidents. This phenomenon seems puzzling since, plausibly, they have nothing to feel shame about. This puzzle arises because we assume that targets of racism feel shame about their race. However, I propose that when an individual is racialised as non-White in a racist incident, shame is sometimes prompted, not by a negative self-assessment of her race, but by her inability to choose when her stigmatised race is made salient. I argue (...) that this can make sense of some shame responses to racism. My account also helps to highlight some of the emotional and cognitive costs of racism that have their root in shame as well as a new form of hermeneutical injustice and distinctive communicative harms, contributing to a fuller picture of what is objectionable about racism. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

Change is inevitable, and increasingly rapid and continuous in healthcare as organizations strive to adapt, improve and innovate. Organizational change challenges healthcare providers because it restructures how and when patient care delivery is provided, changing ways in which nurses must carry out their work. The aim of this doctoral study was to explore frontline nurses’ experiences of living with rapid and continuous organizational change. A critical hermeneutic approach was utilized. Participants described feeling voiceless, powerless and apolitical amidst rapid and continuous (...) organizational changes which fuelled apathy, cynicism and disengagement from the organization. However, critical analysis of the data showed that nurses actively engaged with power, voice and politics through resistant and transgressive behaviours in micro‐ethical moments of practice. There is a need to reconceptualize the concepts of voice, power and politics in nursing as there is dissonance between nurses’ beliefs about these concepts and what they are enacting in practice. Recognizing their enactment of power, voice and political agency at the micro‐level may empower nurses. Empowerment would mitigate the high levels of reports of powerlessness experienced in practice during organizational changes. (shrink)

This paper discusses two perspectives, each of which recognises the importance of environmental resources in enhancing and amplifying our cognitive capacity. One is the Clark–Chalmers model, extended further by Clark and others. The other derives from niche construction models of evolution, models which emphasise the role of active agency in enhancing the adaptive fit between agent and world. In the human case, much niche construction is epistemic: making cognitive tools and assembling other informational resources that support and scaffold intelligent action. (...) I shall argue that extended mind cases are limiting cases of environmental scaffolding, and while the extended mind picture is not false, the niche construction model is a more helpful framework for understanding human action. (shrink)

This book is not a conventional introduction to the philosophy of mind, nor is it a contribution to the physicalist/ dualist debate. Instead The Representational Theory of Mind demonstrates that we can construct physicalist theories of important aspects of our mental life. Its aim is to explain and defend a physicalist theory of intelligence in two parts: the first six chapters consist of an exposition, elaboration and defence of human sentience (the functionalist theory of mind), and the second part considers (...) rivals and objections to this theory. Kim Sterelny aims to introduce people to this area of philosophy by exemplifying it, to show that philosophical and empirical investigations can be synthesized to the benefit of both. --From publisher's description. (shrink)

The last decade has seen an explosion of interest in the health and welfare of marginalized communities around the world. In one striking indicator, public and private development assistance for health programs increased from $8.65 billion in 1998 to $21.79 billion in 2007 [1]. There has been emergent academic interest as well, with growing ranks of undergraduate and graduate students and professionals adopting the field as their specialty. Despite the burgeoning interest, however, much about the field remains unclear. Reimagining Global (...) Health is an important contribution to this budding field for two reasons: it proposes a cohesive introductory text for a field in desperate need of one, and it seeks to “reimagine” some key concepts in global health in an effort to provide a bold new direction for the field. Its stated aim is to move global health from a mere “collection of problems” into an identifiable discipline .As a textbook, the work succeeds admirably. The book .. (shrink)

"No human now gathers for himself or herself the essential resources for life: food, shelter, clothing, and the like. Humans are obligate co-operator, and this has been true for tens of thousands of years; probably much longer. In this regard, humans are very unusual. Cooperation outside the family is rare: though it can be very profitable, it is also very risky, as cooperation makes an agent vulnerable to incompetence and cheating. This book presents a new picture of the emergence of (...) cooperation in our lineage, developing through four fairly distinct phases from a baseline that was probably fairly similar to living great apes, who cooperate, but in fairly minimal ways. As adults, they rarely depend on others when the outcome really matters. This book suggests that cooperation began to be more important for humans through an initial phase of cooperative foraging generating immediate returns from collective action in small mobile bands. This established in our lineage about 1.8 million years ago, perhaps earlier. Over the rest of the Pleistocene, cooperation became more extended in its social scale, with forms of cooperation between bands gradually establishing, and in spatial and temporal scale too, with various forms of reciprocation becoming important. The final phase was the emergence of cooperation in large scale, hierarchical societies in the Holocene, beginning about 12,000 years ago. This picture is nested in a reading of the archaeological and ethnographic record, and twinned to an account of the gradual elaboration of cultural learning in our lineage, making cooperation both more profitable and more stable"--. (shrink)

At the International Legal Ethics Conference IV held at Stanford Law School between 15 and 17 July 2010, one of the two opening plenary sessions consisted of a panel who debated the proposition that legal ethics should be mandatory in legal education. The panel included leading legal ethics academics from jurisdictions around the world—both those where legal ethics is a compulsory part of the law degree and those where it is not. It comprised Professors Andrew Boon, Brent Cotter, Christine Parker, (...) Stephen L Pepper and Richard Wu, and was organised and chaired by Professor Kim Economides. This is an edited version of the panel's discussion. It provides a useful summary of the state of legal ethics teaching in the jurisdictions represented as well as a marshalling of the arguments for and against legal ethics as a required course in the university law degree. (shrink)

Most contemporary theories of action maintain that there are basic actions. A basic action is something that one does intentionally without doing anything else intentionally as means to that end. Most contemporary theories of action also maintain that there are non-basic actions that are mistakes in performance, where a mistake in performance is a case of mucking up what one meant to do, without the failure being the result of prevention or abnormal interference. But most contemporary theories of action deny (...) that there are basic mistakes in performance: stretches of activity that would be basic actions were they to succeed, but are in fact mistakes in performance. I argue that we have reason to think that there are basic mistakes in performance, and if there are, then we must give up a key commitment common to much contemporary action theory. The commitment is that every particular imperfect expression of the will is grounded in some particular perfect expression of the will. Giving up this commitment has important metaphysical consequences for how we think of the will as a power of agency, and implies that causal deviance perhaps isn’t the main problem that causal theorists of action ought to worry about. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

In this study, we examine the philosophical bases of one of the leading clinical psychological methods of therapy for anxiety, anger, and depression, Cognitive Behavioral Therapy (CBT). We trace this method back to its philosophical roots in the Stoic, Buddhist, Taoist, and Existentialist philosophical traditions. We start by discussing the tenets of CBT, and then we expand on the philosophical traditions that ground this approach. Given that CBT has had a clinically measured positive effect on the psychological well-being of individuals, (...) it becomes important to study the philosophical foundations on which this therapy is based. (shrink)

Is the history of life a series of accidents or a drama scripted by selfish genes? Is there an “essential” human nature, determined at birth or in a distant evolutionary past? What should we conserve—species, ecosystems, or something else? -/- Informed answers to questions like these, critical to our understanding of ourselves and the world around us, require both a knowledge of biology and a philosophical framework within which to make sense of its findings. In this accessible introduction to philosophy (...) of biology, Kim Sterelny and Paul E. Griffiths present both the science and the philosophical context necessary for a critical understanding of the most exciting debates shaping biology today. The authors, both of whom have published extensively in this field, describe the range of competing views—including their own—on these fascinating topics. -/- With its clear explanations of both biological and philosophical concepts, Sex and Death will appeal not only to undergraduates, but also to the many general readers eager to think critically about the science of life. (shrink)

Helen Steward argues that action is the exercise of a two-way power, and that if there are actions, then determinism is false. The concept of a two-way power has its roots in Aristotle, but Aristotle’s conception of a two-way power is compatible with determinism. I explain the differences between Steward and Aristotle’s conceptions of two-way powers and point out how a compatibilist opponent to Steward’s argument could exploit an Aristotelian conception of two-way powers. This leads to a dialectical stalemate between (...) the imagined Two-Way Compatibilist and the Agency Incompatibilist. In conclusion I sketch a neutral conception of action as the exercise of a two-way power that sidesteps the dialectical stalemate whilst retaining the best aspects of Steward’s account of animal agency. (shrink)