Freedom of speech long has been regarded as one of the “preferred freedoms” in the United States: one of the freedoms the U.S. Supreme Court deems “implicit in the concept of ordered liberty.” However, what freedom of speech does—and should—mean is a highly charged question in American constitutional law. I will explore this question by examining how several prominent constitutional theorists have proposed particular approaches to free speech law in order to further their political objectives. I will examine the free (...) speech theories of the nation's leading feminist legal theorist , critical race theorists , libertarian , and legal republican . I also will discuss the principal criticisms of each of these theories, whether the courts have been influenced by any of them, and, in conclusion, whether it is possible to advance a nonpolitical theory of free speech. (shrink)

This book takes an interdisciplinary approach, bringing together the work of researchers in anthropology, cognitive and developmental psychology, biology, and ...

. This paper describes a cross-cultural and developmental research project on naïve or folk biology, that is, the study of how people conceptualize nature. The combination of domain specificity and cross-cultural comparison brings a new perspective to theories of categorization and reasoning and undermines the tendency to focus on “standard populations.” From the standpoint of mainstream cognitive psychology, we find that results gathered from standard populations in industrialized societies often fail to generalize to humanity at large. For example, similarity-driven typicality (...) and diversity effects and basic level phenomena either are not found or pattern differently when we move beyond undergraduates. From the perspective of domain-specificity, standard populations may yield misleading results, because such populations represent examples of especially impoverished experience with respect to nature. Conceptions of humans as biological kinds vary with cultural milieu and input conditions. We also show certain phenomena that are robust across populations, consistent with notions of domain-specificity. (shrink)

This paper shows how the critical questions matching an argumentation scheme can be mod-eled in the Carneades argumentation system as three kinds of premises. Ordinary premises hold only if they are supported by sufficient arguments. Assumptions hold, by default, until they have been questioned. With exceptions the negation holds, by default, until the exception has been supported by sufficient arguments. By “sufficient arguments”, we mean arguments sufficient to satisfy the applicable proof standard.

Anthropological inquiry suggests that all societies classify animals and plants in similar ways. Paradoxically, in the same cultures that have seen large advances in biological science, citizenry's practical knowledge of nature has dramatically diminished. Here we describe historical, cross-cultural and developmental research on how people ordinarily conceptualize organic nature, concentrating on cognitive consequences associated with knowledge devolution. We show that results on psychological studies of categorization and reasoning from “standard populations” fail to generalize to humanity at large. Usual populations have (...) impoverished experience with nature, which yields misleading results about knowledge acquisition and the ontogenetic relationship between folkbiology and folkpsychology. We also show that groups living in the same habitat can manifest strikingly distinct behaviors, cognitions and social relations relative to it. This has novel implications for environmental decision making and management, including commons problems. (shrink)

Nearly all psychological research on basic cognitive processes of category formation and reasoning uses sample populations associated with large research institutions in technologically-advanced societies. Lopsided attention to a select participant pool risks biasing interpretation, no matter how large the sample or how statistically reliable the results. The experiments in this article address this limitation. Earlier research with urban-USA children suggests that biological concepts are thoroughly enmeshed with their notions of naive psychology, and strikingly human-centered. Thus, if children are to develop (...) a causally appropriate model of biology, in which humans are seen as simply one animal among many, they must undergo fundamental conceptual change. Such change supposedly occurs between 7 and 10 years of age, when the human-centered view is discarded. The experiments reported here with Yukatek Maya speakers challenge the empirical generality and theoretical importance of these claims. Part 1 shows that young Maya children do not anthropocentrically interpret the biological world. The anthropocentric bias of American children appears to owe to a lack of cultural familiarity with non-human biological kinds, not to initial causal understanding of folkbiology as such. Part 2 shows that by age of 4-5 Yukatek Maya children employ a concept of innate species potential or underlying essence much as urban American children seem to, namely, as an inferential framework for understanding the affiliation of an organism to a biological species, and for projecting known and unknown biological properties to organisms in the face of uncertainty. Together, these experiments indicate that folkpsychology cannot be the initial source of folkbiology. They also underscore the possibility of a species-wide and domain-specific basis for acquiring knowledge about the living world that is constrained and modified but not caused or created by prior non-biological thinking and subsequent cultural experience. (shrink)

This paper describes a cross-cultural research project on the relation between how people conceptualize nature and how they act in it. Mental models of nature differ dramatically among and within populations living in the same area and engaged in more or less the same activities. This has novel implications for environmental decision making and management, including dealing with commons problems. Our research also offers a distinct perspective on models of culture, and a unified approach to the study of culture and (...) cognition. We argue that cultural transmission and formation does not consist primarily in shared rules or norms, but in complex distributions of causally-connected representations across minds in interaction with the environment. The cultural stability and diversity of these representations often derives from rich, biologically-prepared mental mechanisms that limit variation to readily transmissible psychological forms. This framework addresses a series of methodological issues, such as the limitations of conceiving culture to be a well-defined system or bounded entity, an independent variable, or an internalized component of minds. (shrink)

For much of their history, the relationship between anthropology and psychology has been well captured by Robert Frost's poem, “Mending Wall,” which ends with the ironic line, “good fences make good neighbors.” The congenial fence was that anthropology studied what people think and psychology studied how people think. Recent research, however, shows that content and process cannot be neatly segregated, because cultural differences in what people think affect how people think. To achieve a deeper understanding of the relation between process (...) and content, research must integrate the methodological insights from both anthropology and psychology. We review previous research and describe new studies in the domain of folk biology which examine the cognitive consequences of different conceptualizations of nature and the place of humans within it. The focus is on cultural differences in framework theories among Native Americans and European American children and adults living in close proximity in rural Wisconsin. Our results show that epistemological orientations affect memory organization, ecological reasoning, and the perceived role of humans in nature. This research also demonstrates that cultural differences in framework theories have implications for understanding intergroup conflict over natural resources and are relevant to efforts to improve science learning, especially among Native American children. (shrink)

William Scott Douglas's six volume edition of Burns's work is the most oustanding of all the nineteenth century editions in terms of completeness and scholarship. The first three volumes contain Burn's poetry, and the prose works in the final volumes include some sixty-eight previously unpublished letters or parts of letters.

Introduction : beyond the "degree zero" of law after modernity -- Autonomous law or redundant law? : the elusive nature of legal theory -- Law as system : the missing multidimensionality of law -- Reconfiguring the legal landscape : the sojourn of legal pluralism -- The injustice of law after modernity -- Law, justice and injustice -- Legal justice I : "maimed justice" and the rule of law -- Legal justice II : reclaiming the rule of law from its "dark (...) side" : critical legal justice -- The enigma of human rights -- Critical legal justice and beyond : cosmopolitanism -- Beyond cosmopolitanism : the murky world of governance and global "justice" -- Conclusion : law and justice after modernity. (shrink)

Human rights have occupied a variety of roles in the course of history of the European Union. They played a negligible role at the outset, overlooked by the original Treaty of Rome and, even today, the Union's formidable associations with free trade, the single market, and regulation might suggest that it cannot be primarily defined as a human rights organization. The Charter of Fundamental Rights of the European Union has at last acquired binding force, provision is made for the European (...) Union to accede to the European Convention on Human Rights (ECHR), and the Court of Justice of the European Union (CJEU) is to have greater powers of judicial review in the field of police and judicial cooperation in criminal law, an area of obvious relevance to human rights. This chapter highlights some significant developments in the Court's fundamental rights jurisprudence. (shrink)

Carey's book on conceptual change and the accompanying argument that children's biology initially is organized in terms of naïve psychology has sparked a great detail of research and debate. This body of research on children's biology has, however, been almost exclusively been based on urban, majority culture children in the US or in other industrialized nations. The development of folkbiological knowledge may depend on cultural and experiential background. If this is the case, then urban majority culture children may prove to (...) be the exception rather than the rule, because plants and animals do not play a significant role in their everyday life. Urban majority culture children, rural majority culture children, and rural Native American children were given a property projection task based on Carey's original paradigm. Each group produced a unique profile of development. Only urban children showed evidence for early anthropocentrism, suggesting that the co-mingling of psychology and biology may be a product of an impoverished experience with nature. In comparison to urban majority culture children even the youngest rural children generalized in terms of biological affinity. In addition, all ages of Native American children and the older rural majority culture children gave clear evidence of ecological reasoning. These results show that both culture and expertise play a role in the development of folkbiological thought. (shrink)

This essay explores the universal cognitive bases of biological taxonomy and taxonomic inference using cross-cultural experimental work with urbanized Americans and forest-dwelling Maya Indians. A universal, essentialist appreciation of generic species appears as the causal foundation for the taxonomic arrangement of biodiversity, and for inference about the distribution of causally-related properties that underlie biodiversity. Universal folkbiological taxonomy is domain-specific: its structure does not spontaneously or invariably arise in other cognitive domains, like substances, artifacts or persons. It is plausibly an innately-determined (...) evolutionary adaptation to relevant and recurrent aspects of ancestral hominid environments, such as the need to recognize, locate, react to, and profit from many ambient species. Folkbiological concepts are special players in cultural evolution, whose native stability attaches to more variable and difficult-to-learn representational forms, thus enhancing the latter's prospects for regularity and recurrence in transmission within and across cultures. This includes knowledge that cumulatively enriches (folk expertise), overrides (religious belief) or otherwise transcends (science) the commonsense ontology prescribed by folkbiology. Finally, the studies summarized here indicate that results gathered from “standard populations” in regard to biological categorization and reasoning more often than not fail to generalize in straightforward ways to humanity at large. This suggests the need for much more serious attention to cross-cultural research on basic cognitive processes. (shrink)

We report a series of experiments carried out with Palestinian and Israeli participants showing that violent opposition to compromise over issues considered sacred is increased by offering material incentives to compromise but decreased when the adversary makes symbolic compromises over their own sacred values. These results demonstrate some of the unique properties of reasoning and decision-making over sacred values. We show that the use of material incentives to promote the peaceful resolution of political and cultural conflicts may backfire when adversaries (...) treat contested issues as sacred values. (shrink)

Written by epidemiologists, ethicists and legal scholars, this book provides an in-depth account of the moral problems that often confront epidemiologists, including both theoretical and practical issues. The first edition has sold almost three thousand copies since it was published in 1996. This edition is fully revised and includes three new chapters:Ethical Issues in Public Health Practice, Ethical Issues in Genetic Epidemiology, and Ethical Issues in International Health Research and Epidemiology. These chapters collectively address important developments of the past decade. (...) Three chapters from the first edition have also been reorganized: Ethicall Optimized Study Deisgns in Epidemiology, Ethical Issues in Epidemiologic Research with Children, and The Ethics of Epidemiologic Research with Older Populations. Instead of standing alone, these chapters have been integrated into chapters on informed consent, confidentiality and privacy protection, and community-based intervention studies. (shrink)

Experimental results in reference to Brazilian children and adults are presented in the context of current discussions about essentialism and folkbiology. Using an adoption paradigm, we replicate the basic findings of a previous article in this journal concerning the early emergence in children of a birth-parent bias. This cognitive bias supports the claim that causal essentialism cross-culturally constrains the reasoning about the origin, development and maintenance of the characteristics and identity of living kinds. We also report some intriguing differences with (...) earlier findings that speak to theoretical and methodological issues of cultural relativity. (shrink)