Objectives: The study determined the competencies of teachers and performance of learners in 2017-2018 National Achievement Test. It identified the influence of teachers’ competencies on performance of learners. Methods: It employed descriptive-correlational and explanatory designs and it involved three divisions in Northern Mindanao region, Philippines. Findings: The Grade 10 and 6 teachers have possessed very satisfactory competencies across areas, while the Grade 10 and Grade 6 learners had a low mastery and very low mastery, respectively. Furthermore, there was no significant (...) relationship between the competencies of teachers and the performance of learners, while their competencies did not significantly influence the performance of learners. Conclusion: Teachers were deemed competent in all areas and learners had not acquired most of the competency standards of the curricula. Hence, no matter how competent teachers are, this would not contribute significantly to improving the performance of learners in the National Achievement Test. Thus, competencies of teachers cannot determine the performance of learners. (shrink)

A obra de Ronald Dworkin é extensa e passou por quase 50 anos. Dessa forma, para entender seu significado e sua relevância é necessário debater de forma responsável seus principais conceitos para que enganos de interpretação sejam evitados. Nesse contexto, o objetivo principal deste artigo é explicar claramente os conceitos de perspectiva do participante, conceito interpretativo e dimensões da interpretação. Por meio de pesquisa bibliográfica, a conclusão é que propor uma teoria da perspectiva do participante é uma ideia de (...) Herbert Hart que Dworkin radicalizou em suas consequências. Nela, é defendida da tese de que não é possível realizar uma teoria jurídica sem se comprometer com a prática institucional estudada. Conceito interpretativo, em seguida, explica que o significado de conceitos jurídicos é resultado de um debater em torno de seu significado a partir da melhor luz. Isso se opõe ao conceito de direito como simples fato, em que as respostas disponíveis estão no passado institucional. Por fim, a interpretação possui duas dimensões, uma relacionada a seus fundamentos e outra a sua força. Dessa forma, é possível dizer que ambas estão entrelaçadas e que há uma conexão direta entre direito e política. Dworkin se mantém fiel a esses conceitos durante toda a sua obra. (shrink)

O presente artigo detém o intuito de analisar a implementação do sistema de precedentes judiciais adotado pelo Brasil no Novo Código de Processo Civil, diante da teoria de Ronald Dworkin. O Brasil historicamente adota o sistema denominado de Civil Law, o qual adota a lei como fonte principal do Direito, dando ao precedente judicial um caráter secundário e não vinculante. Ante a nova atualização legislativa do Código de Processo Civil de 2015, que vislumbra a adoção de um sistema de (...) precedentes, o Brasil deve superar diversas dificuldades para adequar este sistema ao ordenamento jurídico, pois a maior dificuldade provém do fato da ausência de costume ao observar os precedentes como fonte do Direito. O texto faz uma análise sobre os sistemas judiciais de Civil Law e Common Law trazendo a diferença entre os sistemas e as fontes do Direito que cada um adere, bem como disserta sobre as teorias relativas à Interpretação e Integridade de Ronald Dworkin. Por fim, investiga as alterações legislativas no Código de Processo Civil, bem como a fundamental importância das teorias de Dworkin para implementar no Brasil de maneira correta o sistema de precedentes judiciais. A metodologia utilizada foi o método indutivo de abordagem e o método de procedimento foi o método monográfico. As fontes de pesquisa utilizadas foram as mais diversificadas, tais como livros, artigos, pesquisas em sites, consulta de outras monografias, consulta de tese de mestrado e jurisprudências. (shrink)

In an interview just before his death, Issan Dorsey, an American Zen priest and abbot of the Hartford Street Zen Center, stated, “AIDS is not fatal. Life is fatal. If you have AIDS, you are alive.” Although infected with AIDS, Issan worked to establish the Maitri Hospice for those dying from complications related to AIDS in the San Francisco Castro District, the heart of the gay and lesbian community. His efforts reflect the statement–although the body may be diseased, one (...) can continue to give abundantly and tirelessly, articulated by Vimalakirti in the Vimalakirtinirdesa Sutra. (shrink)

Pluralistic approaches in the philosophy of biological individuality suggest that reality is divisible into multiple types of biological individuals (evolutionary, genetic, physiological, etc.). In this research I will argue in favor of this pluralistic ontology. Inspired mainly by John Dupré’s processual metaphysics, Ronald Giere’s perspectivism, and Hasok Chang’s active realism, I will suggest that: (i) biological individuals are temporarily stable nexuses in a flow of causal processes, (ii) individuations in biology represent real individuals only under the scientific perspectives that (...) support them, (iii) biology’s ability to recognize diverse types of individuals comes from epistemically successful individuation practices. These practices not only contact us with multiple sites of reality, but also invite us to embrace pluralism as an effective way to increase our scientific knowledge of nature. (shrink)

El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...) de los requisitos que se deben cumplir para reconocer que se está frente a una pena natural. Para elucidar los elementos, se utilizará el constructivismo conceptual de Ronald Dworkin, a fin de describir el desacuerdo y sus implicancias, reconocer los elementos principales de la pena natural y justificarlos bajo su mejor luz moral. ABSTRACT This study focuses on the clarification of the conceptual elements of poena naturalis in criminal law settings. The poena naturalis is the damage or suffering that falls on the convict for its commission. This damage must be deducted from the poena forensis to be applied. Although there is a minimum agreement about the concept of poena naturalis, in the jurisprudence and among legal scholars, there are serious disagreements about the elements of poena naturalis. To elucidate the elements, I will adopt Ronald Dworkin’s conceptual constructivism to describe the disagreement and its implications. At last, I will justify the main elements of the poena naturalis by their best moral light. (shrink)

A partir del libro Ronald Dworkin. Una biografía intelectual, me interesa defender la hipótesis de que Dworkin es un autor interesante, y en particular un filósofo del derecho que se debe tener en cuenta, no solo por el contenido de sus tesis sino también por su forma de hacer filosofía del derecho. Este trabajo no se enfoca, por tanto, en los contenidos concretos de la propuesta iusfilosófica de Dworkin sino en algunas enseñanzas e invitaciones a la reflexión en relación (...) con el sentido y la capacidad de transformación e incidencia sociales de la filosofía del derecho. La trascendencia del pensamiento de Dworkin radica en que interviene en el corazón del debate planteando problemas conceptuales y justificatorios básicos, y atacando el pensamiento dominante en un determinado momento. (shrink)

El autor realiza una lectura en clave perspectivista de la neurofenomenología, enfoque transdisciplinar y metodológico iniciado a mediados de los 90 por el neurobiólogo Francisco J. Varela desde el ámbito experimental de las ciencias de la mente. La originalidad del artículo reside en que estudia comparativamente el problemático entrecruce de la neurofenomenología de Varela con el perspectivismo científico de Ronald N. Giere, mostrándonos que la neurofenomenología no sólo lo antecedió cronológicamente, sino que fue mucho más radical al tener (...) en cuenta la la dimensión fenomenológica y trascendental de la experiencia vivida humana y al aplicarla en los protocolos de las neurociencias cognitivas. // The author makes a perspectivist reading of neurophenomenology, a transdisciplinary and methodological approach pioneered in the 90’s by the neurobiologist Francisco J. Varela, who worked in the experimental field of the science of mind. The originality of the article consists in studying with a comparative method the problematic intertwine of Varela’s neurophenomenology and the scientific perspectivism recently defended by Ronald N. Giere. In this way, the autor shows how neurophenomenology notonly came before Giere’s proposal but also how it was more radical in considering the phenomenological and transcendental human dimension and in trying an implementation in cognitive neuroscience protocols. (shrink)

Reasoning About Knowledge is the first book to provide a general discussion of approaches to reasoning about knowledge and its applications to distributed ...

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

As consumer lifestyles have changed over recent decades, people have increasingly turned to meals prepared away from home. A major consequence of this shift in eating patterns has been a concomitant rise in obesity rates worldwide. Research has consistently documented that consumers tend to make less healthy choices when purchasing prepared meals away from home. In part, this can be attributed to inadequate information at the time of purchase; both nutrition experts and lay consumers tend, for example, to underestimate calories (...) in food purchased away from home and thus portion sizes tend to be larger. Thus, by requiring restaurants and other purveyors of prepared foods to provide the calorie content and other nutrition information at the point of purchase, consumers should be able to make more informed decisions and public health should be improved. The often maligned Affordable Care Act (i.e., “Obamacare”) addressed this issue in a mandate calling for compulsory nutrition labeling of prepared foods at the point of sale. In response to this effort, conservatives in Congress introduced the “Common Sense Nutrition Disclosure Act” (CSNDA) which, if enacted, would have effectively eviscerated the menu labeling provisions mandated by the Affordable Care Act. The stated rationale behind this legislation: to protect small business and prevent job loss resulting from overly‐burdensome federal regulations. This article provides a historical look at the evolution of federally mandated menu labeling in the United States with particular emphasis on opposition to its passage. The position is taken such that this legislation is beneficial, warranted, and long overdue, and its opposition, as reflected in the CSNDA, points to the need for new metrics when evaluating public policy. (shrink)

The problem of providing mandated medical care has become commonplace as correctional systems in the United States struggle to manage unprecedented increases in its aging prison population. This study explores older incarcerated women’s perceptions of prison health care policies and their day-to-day survival experiences. Aggregate data obtained from a sample of 327 older women residing in prison facilities in five Southern states were used to identify a baseline of health conditions and needs for this vulnerable group. With an average of (...) 4.2 chronic health conditions, frequently histories of victimization, and high rates of mental health issues, the women’s experiences of negotiating health care was particularly challenging. By incorporating the voices of older women, we expose the contradictions, dilemmas, and obstacles they experience in their attempts to obtain health care. It is clear from the personal accounts shared that, despite court mandates, penal harm practices such as delaying or denying medical treatment as well as occasional staff indifferences are common in women’s prisons. With older women having the greatest need for health care, an age- and gender-sensitive approach is recommended. (shrink)

Professor Narveson's comments about my papers on equality are both penetrating and comprehensive. I cannot hope to discuss all the issues he raises in any detail. But there is a special problem: his main question is about what I have not said. He asks how I might defend equality of resources other than simply by describing a version of it, and of course this question will require some extended discussion. But he is right to say that this is his most (...) important question, and I should hate to lose the opportunity of encouraging discussion of it. So I shall begin with some general remarks about the defence of the idea of equality and then take up, in a very hasty and summary way, the other problems he discusses or raises. Please allow me, however, this apology and caution. I know that what I shall say about the defense of equality is at many points dogmatic and at others unmindful of very natural objections and replies. I want to answer Narveson only by showing in a rough and general way how far I think a defense of equality is possible, what kind of defense this can be, and what form it should take. (shrink)

The moral enhancement of human beings is a constant theme in the history of humanity. Today, faced with the threats of a new, globalised world, concern over this matter is more pressing. For this reason, the use of biotechnology to make human beings more moral has been considered. However, this approach is dangerous and very controversial. The purpose of this article is to argue that the use of another new technology, AI, would be preferable to achieve this goal. Whilst several (...) proposals have been made on how to use AI for moral enhancement, we present an alternative that we argue to be superior to other proposals that have been developed. (shrink)

Aristotle's De Anima is the first systematic philosophical account of the soul, which serves to explain the functioning of all mortal living things. In his commentary, Ronald Polansky argues that the work is far more structured and systematic than previously supposed. He contends that Aristotle seeks a comprehensive understanding of the soul and its faculties. By closely tracing the unfolding of the many-layered argumentation and the way Aristotle fits his inquiry meticulously within his scheme of the sciences, Polansky answers (...) questions relating to the general definition of soul and the treatment of each of the soul's principal capacities: nutrition, sense perception, phantasia, intellect, and locomotion. The commentary sheds light on every section of the De Anima and the work as a unit. It offers a challenge to earlier and current interpretations of the relevance and meaning of Aristotle's highly influential treatise. (shrink)

This combination textbook and anthology provides coverage of the fundamental topics in current medical ethics adn familiarizes the reader with the basic moreal and social issues confronting the medical profession today.

My thesis is that, although medicine is scientific, it is not and can not become a science. After rejecting as flawed an argument attempting to show that medicine is already a science, I argue that a comparison of such basic, defining features as internal aims, criteria of success, and principles regulating the enterprises demonstrate that medicine and science are inherently different. I then argue that while it may be possible to reduce the cognitive content of medicine to biology, medicine itself (...) cannot be reduced, for as an enterprise it possesses features that make it an inappropriate subject of reduction. I conclude by indicating four results that emerge from recognizing that medicine and science are basically distinct. CiteULike Connotea Del.icio.us What's this? (shrink)

This article discusses some of the claims of the earlier and later versions of the Contemporary Theory of Metaphor (CTM) and addresses some of the criticism that has been leveled against it. It is argued that much of this criticism arises from common misconceptions as to the real claims made by the theory. However, CTM is still in need of further exploration and empirical support. In this connection, we identify some areas where research is still needed and supply our own (...) developments. We argue for a more complex classification of metaphor types, which takes into account various complementary taxonomic perspectives, including the nature of source and target and the genericity and complexity of the metaphoric operation. We also explore metaphor in relation to cognitive prominence and conceptual interaction issues. Finally, we deal with the problem of constraints on metaphor and make a proposal for three complementary kinds of constraint. (shrink)

'Principles Of Mental Imagery' offers a broad, balanced, and up-to-date introduction to the major findings of this research and identifies five general principles that can account for most of them. It considers the development of experimental techniques that have solved many of the challenging methodological problems inherent in imagery research and includes recent experimental findings not covered in other imagery books..

My thesis is that biology is most plausibly regarded as a universal, as distinct from a provincial, science. First, I develop the general notion of a provincial science, formulate three criteria for applying the concept, and present brief examples illustrating their use. Second, I argue that a consideration of population genetics as a characteristic example of a basic biological theory strengthens the prior presumption that biology is not a provincial science. Finally, I examine two arguments to the effect that biology (...) is a provincial science. The first concerns biology's exclusively terrestrial evidence base, the second the logical character of its laws. I introduce considerations that weaken the persuasiveness of the first argument and then show that the second one rests upon a false premise and so should be rejected. (shrink)

This chapter contains section titled: Part I Part II Part III Part IV.

While the notion of the mind as information-processor--a kind of computational system--is widely accepted, many scientists and philosophers have assumed that this account of cognition shows that the mind's operations are characterizable independent of their relationship to the external world. Existential Cognition challenges the internalist view of mind, arguing that intelligence, thought, and action cannot be understood in isolation, but only in interaction with the outside world. Arguing that the mind is essentially embedded in the external world, Ron McClamrock provides (...) a schema that allows cognitive scientists to address such long-standing problems in artificial intelligence as the "frame" problem and the issue of "bounded" rationality. Extending this schema to cover progress in other studies of behavior, including language, vision, and action, McClamrock reinterprets the importance of the organism/environment distinction. McClamrock also considers the broader philosophical question of the place of mind in the world, particularly with regard to questions of intentionality, subjectivity, and phenomenology. With implications for philosophy, cognitive and computer science, AI, and psychology, this book synthesizes state-of-the-art work in philosophy and cognitive science on how the mind interacts with the world to produce thoughts, ideas, and actions. (shrink)

Review text: "Ronald W. Langacker is universally acclaimed as one of the founding fathers of the cognitive linguistics movement. His pioneering efforts towards developing a meaning-oriented, usage-based theory of grammar have given cognitive linguistics many of its key concepts, and his theory of Cognitive Grammar is not only one of the cornerstones of cognitive linguistics, it is also a magnificent achievement in its own right." Dirk Geeraerts, January 2009.

Logical models of argument formalize commonsense reasoning while taking process and computation seriously. This survey discusses the main ideas which characterize di erent logical models of argument. It presents the formal features of a few main approaches to the modeling of argumentation. We trace the evolution of argumentationfrom the mid-80's, when argumentsystems emerged as an alternative to nonmonotonic formalisms based on classical logic, to the present, as argument is embedded in di erent complex systems for real-world applications, and allows more (...) formal work to be done in different areas, such as AI & Law, case-based reasoning and negotiation among intelligent agents. (shrink)

Somatic cell gene therapy has yielded promising results. If germ cell gene therapy can be developed, the promise is even greater: hundreds of genetic diseases might be virtually eliminated. But some claim the procedure is morally unacceptable. We thoroughly and sympathetically examine several possible reasons for this claim but find them inadequate. There is no moral reason, then, not to develop and employ germ-line gene therapy. Taking the offensive, we argue next that medicine has a prima facie moral obligation to (...) do so. (shrink)

In this paper I attempt to show that adaptational sentences (i.e. sentences containing the terms "adaptive", "adapted", etc.) in evolutionary biology are best interpreted as equivalent to sentences about Darwinian or genetical selection. Thus, the use of adaptational languages does not introduce final purposes or other nonempirical notions into biology. I also try to demonstrate that adaptational sentences and functional sentences are not equivalent in an evolutionary context so that an analysis of function does not dispense with the need for (...) an analysis of adaptation. Finally, it is argued that, although some adaptational sentences might be construed as teleological explanations, given an empirical content, they do not serve as explanations. Rather, they express the outcome of selection, regarded in one way, and regarded in another, they express data for which a theory of evolution must account. (shrink)

The recent corporate scandals in the United States have caused a renewed interest and focus on teaching business ethics. Business schools and their faculties are reexamining the teaching of business ethics and are reassessing their responsibilities to produce honest and truthful managers who live lives of integrity and ethical accountability. The authors recognize that no agreement exists among business schools and their faculties regarding what should be the content and pedagogy of a course in business ethics. However, the authors hold (...) that regardless of one’s biases regarding the content and pedagogy, the effective teaching of business ethics requires that the instructor in designing and delivering a business ethics course needs to focus particular attention on four principal questions: (1) what are the objectives or targeted learning outcomes of the course? (2) what kind of learning environment should be created? (3) what learning processes need to be employed to achieve the goals? and (4) what are the roles of the participants in the learning experience? The answers to these questions provide the foundations for any business ethics course. The answers are major determinants of the impact of a business ethics course on the thinking of students and the views on the ethical and professional accountabilities and responsibilities of managers in the workplace. (shrink)

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious discrimination unrelated (...) to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

ABSTRACTFast food chains such as McDonald's, KFC, and Burger King are major players in the production, marketing, and consumption of animal‐derived food throughout the world. Animal rights activists are quick to point out the link between the highly efficient factory farms that supply these chains and extreme animal cruelty and environmental degradation. Strategically, fast food is well positioned to leverage change in the methods by which animals are raised and processed for human consumption. Although progress has been made as the (...) fast food industry has responded to pressure exerted by animal rights organizations, there is little indication of true collaborative efforts that would harness the power of the market to bring about substantive changes in the way the consuming public views the issue of animal welfare and food production. (shrink)

Following a series of national protests in support of an increase in the federal minimum wage, many fast food workers faced retaliation by their employers when they returned to work; schedules were changed, wages and hours were reduced, and some employees were terminated. These retaliatory actions resulted in a number of complaints being filed with the National Labor Relations Board alleging violations of the National Labor Relations Act. Several of the complaints were found to have merit and, additionally, in several (...) instances both the immediate employer, the franchisee, and the corporate organization of which it was a part, the franchisor, were named as co‐defendants. This ruling—that franchisors like McDonald’s USA—could be held jointly responsible for the labor violations of independent franchisees reversed a long‐standing precedent, whereby franchisees were regarded as independent contractors solely responsible for day‐to‐day labor practices, including compliance with federal and state labor statutes. Critics of the ruling argue that it will open the door to unionization and may well spell the end of the service‐sponsor franchising format. Supporters of the NLRB argue that the ruling is just and reflects new “industrial realities” in retail labor markets. Further, a case can be made that the NLRB’s position represents a step in the direction of the restoration of more equitable balance of power between labor and management. (shrink)

ABSTRACTIn April of 2000, Diana Levine went to a clinic in Vermont suffering from a migraine headache. She was given the drug Demerol for the migraine symptoms and Phenergan for nausea. Complications with the administration of Phenergan ultimately resulted in Ms. Levine contracting gangrene, necessitating the amputation of her right arm. Ms. Levine sued the drug maker, Wyeth Pharmaceutical, in state court and prevailed. The lower court's decision was appealed by Wyeth to the state supreme court where the ruling was (...) confirmed. Wyeth next appealed to the U.S. Supreme Court which, to the surprise of many observers, affirmed the judgment of the state supreme court. At issue was the fundamental question of the ability of consumers to obtain redress against negligent manufacturers in state courts. Wyeth's arguments to the Court were based upon preemption: Foodand Drug Administration approval of a drug preempts the ability of injured consumers like Ms. Levine to recover in state courts despite years of precedent to the contrary. Ability to recover damages in state courts represents, perhaps, the most important safety net available to consumers injured by defective products. A ruling by the Supreme Court that FDA‐approved labeling of pharmaceuticals preempts the reach of the state courts would have severely compromised the balance of power between consumers and producers. (shrink)