The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

(This insularity was further promoted by the guileless duplicity of scholars in other fields, who were all too prepared to bequeath "the problem of ...

Stephen Jay Gould argued that replaying the ‘tape of life’ would result in radically different evolutionary outcomes. Recently, biologists and philosophers of science have paid increasing attention to the theoretical importance of convergent evolution—the independent origination of similar biological forms and functions—which many interpret as evidence against Gould’s thesis. In this paper, we examine the evidentiary relevance of convergent evolution for the radical contingency debate. We show that under the right conditions, episodes of convergent evolution can constitute valid natural experiments (...) that support inferences regarding the deep counterfactual stability of macroevolutionary outcomes. However, we argue that proponents of convergence have problematically lumped causally heterogeneous phenomena into a single evidentiary basket, in effect treating all convergent events as if they are of equivalent theoretical import. As a result, the ‘critique from convergent evolution’ fails to engage with key claims of the radical contingency thesis. To remedy this, we develop ways to break down the heterogeneous set of convergent events based on the nature of the generalizations they support. Adopting this more nuanced approach to convergent evolution allows us to differentiate iterated evolutionary outcomes that are probably common among alternative evolutionary histories and subject to law-like generalizations, from those that do little to undermine and may even support, the Gouldian view of life. (shrink)

There is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging (...) international law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies. (shrink)

By targeting and critiquing these assumptions, he lays the groundwork for a post-positivist philosophy of science that does not provide aid and comfort to the enemies of reason. This book consists of thirteen essays.

Cicero may be best known as a politician, but he was also one of the few significant Roman writers of philosophy. Powell presents a new and exciting selection of current scholarly work on this neglected side of him, establishing Cicero firmly as a serious philosophical writer of continuing importance and relevance.

Jesse Prinz (2004) argues that emotional feelings (“state emotions”) can by themselves perceptually represent significant organism-environment relations. I object to this view mainly on the grounds that (1) it does not rule out the at least equally plausible view that emotional feelings are non-representational sensory registrations rather than perceptions, as Tyler Burge (2010) draws the distinction, and (2) perception of a relation requires perception of at least one of the relation’s relata, but an emotional feeling by itself perceives neither the (...) subject’s environment, nor in many cases the relevant subject itself. I then explore two ways in which emotional feelings as non-perceptual sensory registrations might still contribute to significant relation representation when associated with representations of the subject and/or its environment. After briefly discussing some difficulties presented by a multimodal, sensory-perceptual view of such representation, I argue in favor of a “cognitive recognition theory” that holds that significant relation instances are represented during emotion occurrences via applications of emotion-type concepts to "incoming" emotional feelings and their associated mental states. (shrink)

Appraisal theories of emotion generally presuppose that emotions are “directed at” various items. They also hold that emotions have motivational properties. However, although it coheres well with their views, they have yet to seriously develop the idea that the function of emotional direction is to guide those properties. I argue that this “guidance hypothesis” can open up a promising new field of research in emotion theory. But I also argue that before appraisal theorists can take full advantage of it, they (...) must drop their further assumption that to determine an emotion's direction, one need only retrace the process that caused it. Contrary to this “retracing view,” I argue for an “independence thesis”: directed emotions are produced by two functionally independent sub-processes. The first, “affect-causation,” functions in part to produce a state with certain motivational properties given certain representations. The second, “affect-direction,” has the function of optimally guiding those motivational properties by associating them with representations that may properly be quite dissimilar from the causal ones. By provisionally adopting the independence thesis and empirically testing the guidance hypothesis, I argue that appraisal theorists stand a good chance of significantly increasing the explanatory power of their theories. (shrink)

Scouting for Boys is the original blueprint and 'self-instructor' of the Boy Scout Movement. An all-time bestseller, it is both a handbook and a philosophy for a way of living that replaces self with service, puts country before individual, and duty above all. As well as practical instructions on how to light fires and stalk men and animals, it includes sections on chivalry, self-discipline, self-improvement and citizenship. This new edition reveals its maverick complexity and explores its contradictions about sexuality, the (...) environment, and the empire. (shrink)

Thomas Reid's philosophy of mind, epistemology, and philosophy of language all rely on his account of signs and signification. On Reid's view, some entities play a role of indicating other entities to our minds. In some cases, our sensitivity to this indication is learned through experience, whereas in others, the sensitivity is built in to our natural constitutions. Unlike representation, which was presumed to depend on resemblances and necessary connections, signification is the sort of relationship that can occur without any (...) intrinsic ties between the sign and the thing signified. Of particular interest is the priority Reid gives to natural signs. Reid deploys his robust account of natural signs in a way that allows him to sidestep some skeptical worries common in the early modern period, as well as in grounding “artificial” human languages like English or Cantonese on a more basic human capacity for communication, that is, itself, the result of our sensitivity to natural signs of other people's minds. (shrink)

The spiritual rewards and intellectual challenges of Eastern philosophy are revealed in this visually stunning book, illustrated by Joe Lee and with 19th-century engravings. Eastern philosophy is not only an intellectual pursuit, but one that involves one’s entire being. Much of it is so deeply entwined with the non-intellectual art of meditation, that the two are impossible to separate. In this survey of the major philosophies of India, China, Tibet and Japan, Jim Powell draws upon his knowledge of Sanskrit (...) and Chinese, as well as decades of meditation. Whether tackling Buddha, Confucius, Lao Tzu, Dogen, the Dalai Lama or Patanjal–Powell’s insights are deeply illuminating. All the major philosophies of India, China, Tibet and Japan are explained and everyone, from beginner to expert, will find Eastern Philosophy For Beginners an insightful overview. (shrink)

Precision medicine is emerging as a scientific bandwagon within the contemporary biomedical sciences in the United States. PM brings together concepts and tools from genomics and bioinformatics to develop better diagnostics and therapies based on individualized information. Developing countries like China and Brazil have also begun pursuing PM projects, motivated by a desire to claim genomic sovereignty over its population. In spite of commonalities, institutional arrangements produced by the history of genomics research in China and Brazil are ushering PM along (...) different trajectories. In the Chinese case, we identify a strong state-backed push for PM combined with a dynamic network of international academic and private actors along the lines of networked technonationalism that has made large-scale, speculative PM projects possible. The Brazilian case is characterized by an institutional void at the federal level in which PM is driven by domestic academic actors in universities in the regional level, resulting in smaller scale, needs-driven PM projects. Through these cases, this paper shows how a scientific bandwagon adapts to national histories and institutions. Through this peripheral translation of the scientific bandwagon, the global infrastructure of biomedical knowledge has the potential to be transformed. (shrink)

This book, the result of cooperation between the Center for Dewey Studies at Southern Illinois University Carbondale, and the Dewey Center at the University of ...

This text addresses various topics in applied ethics from Western and non-Western perspectives. Multicultural perspectives are fully integrated throughout the text.

The goal of this paper is show how an initially appealing objection to David Hume's account of judgment can only be put forward by philosophers who accept an account of judgment that has its own sizable share of problems. To demonstrate this, I situate the views of John Locke, David Hume, and Thomas Reid with respect to each other, so as to illustrate how the appealing objection is linked to unappealing features of Locke's account of judgment.

This chapter briefly discusses the history of the notion of "cure" in relation to serious mental illnesses from Pinel to the present day, including both theories on the nature of the illnesses and the nature of presumed therapeutic agents and mechanisms. The chapter then gives a brief overview of the notion of "recovery" in relation to serious mental illnesses, also from Pinel to the present day, and describes various definitions and forms of recovery as they have emerged over time. With (...) this historical and conceptual background in place, the chapter then takes up the present state-of-the-art in psychiatry in relation to both concepts of cure and recovery, considers the empirical and neuroscientific evidence available relative to each concept, and then suggests several directions for research and philosophical reflection as the field continues to evolve. Two guiding principles that shape this discussion are that mental illnesses are not one-dimensional phenomena, but may be made up of several loosely related components which each have their own natural course, and that mental illnesses do not typically take over the entirety of a person's functioning, but also leave other aspects of functioning relatively intact. The combination of these principles suggests that cure and recovery are not likely to be binary functions in relation to serious mental illnesses, but will more likely be more a matter of degree across multiple domains. (shrink)

Introduction -- Is the truth stranger than fiction? -- The emergence and analysis of the postmodern -- Baudrillard and his works on social theory -- An assessment of postmodernism and Baudrillard -- Conclusion.

Reid argues that Hume’s claim that justice is an artificial virtue is inconsistent with the fact that gratitude is a natural sentiment. This chapter shows that Reid’s argument succeeds only given a philosophy of mind and action that Hume rejects. Among other things, Reid assumes that one can conceive of one of a pair of contradictories only if one can conceive of the other—a claim that Hume denies. So, in the case of justice, the disagreement between Hume and Reid is, (...) at bottom, a disagreement over their respective conceptions of how the human mind works at its most fundamental level. (shrink)

This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...) bound by the constitution of an earlier one? The volume will be of particular importance to those in philosophy, law, political science and international relations interested in what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. (shrink)

Constitutivists about one's cognitive access to one's mental states often hold that for any rational subject S and mental state M falling into some specified range of types, necessarily, if S believes that she has M, then S has M. Some argue that such a principle applies to beliefs about all types of mental state. Others are more cautious, but offer no criterion by which the principle's range could be determined. In this paper I begin to develop such a criterion, (...) arguing that although the principle applies when M is a belief, it does not apply when M is an emotion. I account for this asymmetry by focusing on differences in the commitments that belief and emotion conceptually involve, and briefly sketch out a psychological explanation of those differences. I conclude that one can reasonably split one's epistemological loyalties between constitutivism regarding meta-beliefs and non- constitutivism regarding beliefs about one's emotions. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

Abstract In this paper, I pursue an interpretive goal and a critical goal. My interpretive goal is to offer a clear restatement of Nagel's argument for a requirement of altruism (as found in The Possibility of Altruism). My critical goal is to explain why this argument is unsuccessful, and to make a case for the thesis that any argument of its kind must fail.

Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.

The present volume encapsulates the contemporary scholarship on John Dewey and shows the place of Dewey’s thought on the philosophical arena. The authors are among the leading specialists in the philosophy of John Dewey from universities across the US and in Europe.

Social Theory, Performativity and Professional Power—A Critical Analysis of Helping Professions in England Drawing from interviews and ethnographic research, evidence is provided to suggest a sense of "anxiety" and "regret" amongst state social workers and case managers working on the "front-line" within local authority social service departments. There have been a number of theoretical approaches that have attempted to ground the concept of "power" to understand organizational practice though Foucauldian insights have been most captivating in illuminating power relations and subject (...) positioning. In order to theoretically interrogate the relationship between social theory and professional power, we draw from the neo-Foucauldian work of American Social Philosopher Judith Butler—especially regarding Butler's (1990, 1993 and 1998) powerful work on "performativity" and its relationship to social work. We also attempt to examine the "distances" between the social work role and social workers narratives through an examination of notions of "anxiety" and "regret" in the face of the professionalisation of state social work. (shrink)

"Trust" and Professional Power: Towards a Social Theory of Self This paper sets out to delve into the relationship trust and professional authority in the context of health care. Understood in its micro-political terms and conceived as impacting on individualorganisational levels and the socio-political; this relationship stands at the interface of competingpressures working to produce the increasing complexity of social life. “Trust” is inextricably linked withuncertainty and complexity while professional authority rests on the specialist knowledge claimed bythe range of experts (...) and technologists that inhabit the spaces through which social life is governed andcomplexity managed. (shrink)

Working memory resources are needed for processing and maintenance of information during cognitive tasks. Many models have been developed to capture the effects of limited working memory resources on performance. However, most of these models do not account for the finding that different individuals show different sensitivities to working memory demands, and none of the models predicts individual subjects' patterns of performance. We propose a computational model that accounts for differences in working memory capacity in terms of a quantity called (...) source activation, which is used to maintain goal‐relevant information in an available state. We apply this model to capture the working memory effects of individual subjects at a fine level of detail across two experiments. This, we argue, strengthens the interpretation of source activation as working memory capacity. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

Can one’s belief that one romantically loves another be false? If so, under what conditions may one come to reasonably doubt, or at least suspend belief, that one does so? To begin to answer these questions, I first outline an affective/volitional view of love similar to psychologist R. J. Sternberg’s “triangular theory”, which analyzes types of love in terms of the degrees to which they include states of passion, emotion, and commitment. I then outline two sources of potential bias that (...) may cause one to believe that one romantically loves another when one does not. Partly on the basis of those potential sources of bias and partly on the basis of more specific issues, I then argue that at least to the extent that one is aware of these issues, one may reasonably doubt that one is experiencing romantic love’s emotional feelings, and one may reasonably doubt that one is making romantic love’s commitments. Finally, I order by relative dubitability the propositions that must be true about one’s passions, emotions, and commitments toward another in order for one to romantically love them. (shrink)

David Hume fancied himself the Newton of the mind, aiming to reinvent the study of human mental life in the same way that Newton had revolutionized physics. And it was his view that the novel account of belief he proposed in his Treatise of Human Nature was one of that work’s central philosophical contributions. From the earliest responses to the Treatise forward, however, there was deep pessimism about the prospects for his account. It is easy to understand the source of (...) this pessimism: The constraints he employed in theorizing stem from his Newtonian ambitions. Constraints such as his copy principle and his decision to rely only on variations in “force and vivacity” for differentiating types of mental states severely limit his available explanatory resources. However, it is one thing to regard an account as untenable, and quite another to understand where it fails. In this paper, I focus on one long-standing objection to Hume’s account — the objection that Hume cannot offer an account of negative belief or denial — as presented by Hume’s contemporary Thomas Reid, as well as more recently by Barry Stroud, and defend Hume from this objection. I argue that Hume both should and does endorse an account of negative belief based in relations of contrariety between contents, rather than between mental activities, and survey the different options available to Hume for spelling out an account of contrary contents. (shrink)

In this paper, I investigate the prospects for using the distinction between rejection and denial to resolve Saul Kripke’s puzzle about belief. One puzzle Kripke presents in A Puzzle About Belief poses what would have seemed a fairly straightforward question about the beliefs of the bilingual Pierre, who is disposed to sincerely and reflectively assent to the French sentence Londres est jolie, but not to the English sentence London is pretty, both of which he understands perfectly well. The question to (...) be answered is whether Pierre believes that London is pretty, and Kripke argues, of each answer, that it is unacceptable. On my proposal, either answer to the question is to be rejected, but neither answer is to be denied, using the resource of partially-defined predicates. After demonstrating how this serves as a solution to the puzzle, I illustrate some philosophical motivations—independent of Kripke’s puzzle —for adopting a view on which belief is a partially defined predicate. I conclude that there are decent prospects for the proposed response to Kripke’s puzzle. (shrink)

Two primary roles for propositions are to be i) the objects of the attitudes (especially belief) and ii) the primary bearers of truth and falsity. Interpreters of John Locke are in very broad agreement that propositions, as he presents them, serve this second role. However, whether Locke’s propositions can be said to serve the first role is a more difficult question, as Locke was frequently regarded as having overlooked the force/content distinction, meaning that many interpreters regard him as taking the (...) propositions not to be the objects of the attitudes, but instead, to be identical to the attitudes themselves. In this paper, I present the basics of Locke’s accounts of propositions, truth, and judgment. I then explain the interpretive divide between those scholars who interpret Locke as offering a more philosophically appealing proto-Fregean account of propositions (one which does recognize the force/content distinction), and those who defend the philosophically less satisfying account which identifies propositions with judgments on textual grounds. Finally, I defend the conflation account against one of it’s largest philosophical challenges, by showing how that view can address the Frege-Geach problem. (shrink)

The Test of Basic Auditory Capabilities is a battery of auditory-discrimination tasks and speech-identification tasks that has been normed on several hundred young normal-hearing adults. Previous research with the TBAC suggested that cognitive function may impact the performance of older adults. Here, we examined differences in performance on several TBAC tasks between a group of 34 young adults with a mean age of 22.5 years and a group of 115 older adults with a mean age of 69.2 years recruited from (...) the local community. Performance of the young adults was consistent with prior norms for this age group. Not surprisingly, the two groups differed significantly in hearing loss and working memory with the older adults having more hearing loss and poorer working memory than the young adults. The two age groups also differed significantly in performance on six of the nine measures extracted from the TBAC with the older adults consistently performing worse than the young adults. However, when these age-group comparisons were repeated with working memory and hearing loss as covariates, the groups differed in performance on only one of the nine auditory measures from the TBAC. For eight of the nine TBAC measures, working memory was a significant covariate and hearing loss never emerged as a significant factor. Thus, the age-group deficits observed initially on the TBAC most often appeared to be mediated by age-related differences in working memory rather than deficits in auditory processing. The results of these analyses of age-group differences were supported further by linear-regression analyses with each of the 9 TBAC scores serving as the dependent measure and age, hearing loss, and working memory as the predictors. Regression analyses were conducted for the full set of 149 adults and for just the 115 older adults. Working memory again emerged as the predominant factor impacting TBAC performance. It is concluded that working memory should be considered when comparing the performance of young and older adults on auditory tasks, including the TBAC. (shrink)

INTRODUCTION The appeal to teleological principles of explanation within the body of natural science has had an unfortunate history. ...