The disordered state of English law reporting has for long been a favoured theme of writers on the common law. The volume of printed case law, the casual nature of its publication and its variable quality have all been frequently criticized. If earlier centuries had been largely content to express intermittent displeasure, in the nineteenth century concrete solutions were found, the obvious product of this bid to achieve a rational system of law reporting being the Incorporated Council of Law Reporting (...) and its authoritative series of Law Reports. But if ultimately reform of the system was only realized once the profession seized the initiative in the middle of the nineteenth century, it would be an error to suppose that schemes for reform had not been conceived in earlier times. After all, only by a miracle could anything as blatantly haphazard as the quality of law reporting have escaped the strictures of major reformers. (shrink)

The importance of ethical consumerism to many companies worldwide has increased dramatically in recent years. Ethical consumerism encompasses the importance of non-traditional and social components of a company's products and business process to strategic success - such as environmental protectionism, child labor practices and so on. The present paper utilizes a random utility theoretic experimental design to provide estimates of the relative value selected consumers place on the social features of products.

Nearly all studies of consumers’ willingness to engage in ethical or socially responsible purchasing behavior is based on unconstrained survey response methods. In the present article we ask the question of how well does asking consumers the extent to which they care about a specific social or ethical issue relate to how they would behave in a more constrained environment where there is no socially acceptable response. The results of a comparison between traditional survey questions of “intention to purchase” and (...) estimates of individuals willingness-to-pay for social attributes in products reveal that simple survey questions are too “noisy” to provide operationally meaningful information and overstate intentions to a considerable extent. (shrink)

... The purpose of this paper is to try to clarify the extent to which consumers “value” ethical product features when making purchases by utilizing a distinctive methodology – structured choice experiments ( Louviere et al., 2000) – that What Will Consumers Pay ... Jordan J. Louviere ... \n.

During this article, I look at three images of thought which feature in Deleuze and Guattari’s A Thousand Plateaus and consider their relevance to contemporary pedagogy. Deleuze and Guattari begin by discussing tree-like thought, which involves an insular depiction of the world. I suggest that the performative apparatus, which structures contemporary pedagogy in the comprehensive school, is also tree-like. Deleuze and Guattari’s second image of thought is the fascicular root. Here the principle root is aborted leading to a multiplicity, which (...) flows from it. With fascicular thought, the unity, which is aborted in the object, is returned to in the subject who gains control of multiplicities. In this section I provide a reading of a Classics lesson portrayed in The Secret History by Donna Tartt and go on to focus on Ronald Barnett’s contribution to a debate with Paul Standish, which features in The Blackwell Guide to the Philosophy of Education. In the third section of the article, I consider Deleuze and Guattari’s third image of thought—the rhizome. Rhizomes grow by a process of cloning or lateral spreading; they do not have the central trunk of the tree, with roots and branches extending outwards from this. At the end of this section, I look at two Classics lessons that represent tree-like and rhizomatic pedagogies in turn. I attempt to enrich this discussion by providing a reading of a scene from The History Boys. (shrink)

This study uses best–worst scaling experiments to examine differences across six countries in the attitudes of consumers towards social and ethical issues that included both product related issues (such as recycled packaging) and general social factors (such as human rights). The experiments were conducted using over 600 respondents from Germany, Spain, Turkey, USA, India, and Korea. The results show that there is indeed some variation in the attitudes towards social and ethical issues across these six countries. However, what is more (...) telling are the similarities seen and the extent to which individual variation dominates observable demographics and country-based variables. (shrink)

This paper explores Stanley Cavell’s notion of ‘passionate utterance’, which acts as an extension of/departure from (we might read it as both) J. L. Austin’s theory of the performative. Cavell argues that Austin having made the revolutionary discovery that truth claims in language are bound up with how words perform, then gets bogged by convention when discussing what is done ‘by’ words. In failing to account for the less predictable, unconventional aspects of language, the latter therefore washes his hands of (...) the expressive passionate aspects of speech. To ignore such aspects is to ignore an important moral dimension of language. Finally, I bring Cavell’s approach to bear on the epistemic criterion, which Michael Hand applies in his paper ‘Should We Teach Homosexuality as a Controversial Issue?’. I suggest that Hand’s approach, by failing to account for the linguistic dimension of truth and the expressive quality that accompanies this dimension, presents an overly narrow conception of moral education. (shrink)

This study uses best–worst scaling experiments to examine differences across six countries in the attitudes of consumers towards social and ethical issues that included both product related issues (such as recycled packaging) and general social factors (such as human rights). The experiments were conducted using over 600 respondents from Germany, Spain, Turkey, USA, India, and Korea. The results show that there is indeed some variation in the attitudes towards social and ethical issues across these six countries. However, what is more (...) telling are the similarities seen and the extent to which individual variation dominates observable demographics and country-based variables. (shrink)

The evolution of reciprocal altruism probably involved the evolution of mechanisms to detect cheating and remember cheaters. In a well-known study, Mealey, Daood, and Krage (1996) observed that participants had enhanced memory for faces that had previously been associated with descriptions of acts of cheating. There were, however, problems with the descriptions that were used in that study. We sought to replicate and extend the findings of Mealey and colleagues by using more controlled descriptions and by examining the possibility of (...) enhanced altruist recognition. We also examined whether individual differences in cheating tendencies were related to cheater and altruist recognition. In the first experiment, 164 undergraduates saw 40 faces that were paired with character descriptions representing the categories of cheater, trustworthy, altruist, or neutral, for individuals who had either low or high social status. One week later participants reported which faces they recognized from the previous week (among 80 faces). Overall, the results failed to replicate the findings of Mealey and her colleagues, as there was no enhanced memory for cheaters. In addition, there was no enhanced memory for altruists, and no effect of participants’ cheating tendencies. A second experiment using a slightly different methodology produced similar results, with some evidence for enhanced memory for altruists. (shrink)

Because psychiatry deals specifically with ‘mental’ suffering, its efforts are always centrally involved with the meaningful world of human reality. As such, it sits at the interface of a number of discourses: genetics and neuroscience, psychology and sociology, anthropology, philosophy, and the humanities. Each of these provides frameworks, concepts, and examples that seek to assist our attempts to understand mental distress and how it might be helped. However, these discourses work with different assumptions, methodologies, values, and priorities. Some are in (...) dispute with one another. At various times in the history of psychiatry, a particular form of understanding has become dominant and worked to marginalize .. (shrink)

Research consent processes must provide potential participants with the necessary information to help them decide if they wish to join a study. On the Oxford ‘A’ Research Ethics Committee we’ve found that current research proposals mostly provide adequate detail (even if not in an easily comprehensible format), but often fail to support decision making, a view supported by published evidence. In a previous paper, we described how consent might be structured, and here we develop the concept of an Information and (...) Decision Aid (IDA) that can support decision making and be used to guide the dialogue between researcher and potential participant. Our proposal requires limited changes to current processes or paperwork and would provide an easily accessible document for others that the potential participant might approach for advice. It could later be integrated with the Informed Consent Form to ensure all matters of concern to the individual participant have been addressed before consent is formally signed off. (shrink)

This third of three articles outlining a different approach to science/religion dialogue generally and to engagement between theology and the neurosciences specifically, gives a brief account of the model in practice. It begins by introducing the question to be investigated—whether the experience of relational connection can affect health outcomes by directly moderating immune function. Then, employing the same threefold heuristic of encounter, exchange, and expression used previously, it discusses how the transversal model set out in these articles has been used (...) to investigate this question and to develop a theoretical physiological model for the proposed link between relationality and health. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.1 (2002) 1-21 [Access article in PDF] Turning Kant Against the Priority of Autonomy: Communication Ethics and the Duty to Community Pat J. Gehrke Communication ethics scholars afford Immanuel Kant significantly less attention than one might expect. This may be because, as Robert Dostal notes, Kant argues that rhetoric merits no respect whatsoever (223). This rejection of rhetoric, Dostal writes, is grounded in the significant emphasis (...) given to Kant's concept of autonomy (232). The focus on autonomy and, hence, rhetoricians' relative neglect of Kant's ethical theory are both connected to the separation of Kant's Critique of Pure Reason (hereinafter CPuR) from his subsequent ethical and moral philosophy. Kenneth Burke writes that Kant's first critique has no ethical implications, "no 'wills,' 'oughts,' 'shoulds,' or 'thou shalt nots'... nothing but an inevitable is, a description of conditions as they necessarily are for human experience" (191; emphasis in original). Such readings lose much of the richness and complexity of Kant's thought and tend instead to produce simple moral duties, such as Mike Markel's assertion that technical communicators must be truthful.Perhaps the most critical element of Kant's work lost in our focus on autonomy is his articulation of a ground for a duty to community. While Kant makes clear the importance of community for his metaphysics in the first critique (CPuR), the importance of community in Kant's moral philosophy often is overlooked. Some scholars claim that an ethical duty to community is either rejected by Kant's emphasis on the autonomy of will or simply ignored. This article combines a reading of Kant's metaphysics of experience with his moral philosophy to articulate a communication ethic grounded in community. This argument is made in three parts: first, the community of objects in experience—the Third Analogy of Experience—is an organizing principle of and a necessary condition for the possibility of all experience; second, this metaphysical principle of community is relevant [End Page 1] to community as developed in Kant's ethical writings; and finally, Kant's own work undermines the primacy of autonomy and better supports a communication ethic grounded in a duty to community.Scholars interested in Jurgen Habermas's theory of communicative action have special reason to take note of Kant's work. Kant is not only a figure that Habermas sees reflected in his own work, 1 but a constant point of contrast. Craig Calhoun writes that much of Habermas's own philosophy emerges by rejecting Kant's epistemology and elements of his metaphysics while still giving credence to Kantian moral philosophy (2). However, like most communication scholars and philosophers, Habermas believes that autonomy governs Kantian ethics: "Formalistic ethics (Kant) binds the criterion of generality of norms to the further criterion of autonomy, that is, independence from contingent motives" (Habermas, Legitimation 89). Since autonomy excludes or represses the contingent, if our readings of Kant give primacy to autonomy we leave little room for any notion of community as manifest in experience. In no small part, it is the criticism of Kant for privileging autonomy that has given Habermasians their break from Kantian ethics. However, if we turn to the first critique to guide our reading of the moral philosophy, there is another way to understand the role of autonomy and community in Kant's thought. By linking Kant's metaphysics with his moral philosophy, this article turns Kant away from the primacy of autonomy and uses Kant's own works to argue that autonomy is but one half of an antinomy that is organized under the principle of community. Thus, this article recuperates the possibility of deploying Kantian metaphysics and moral philosophy together as grounds for a communication ethic that privileges community and recovers the value of rhetoric.For rhetorical scholars, the resistance to the priority of autonomy may be related to the frequent expression of community through appeal to commonality, sameness, or identification. Today, feminist, race, postmodern, and poststructural communication scholars are questioning the value of commonality as a ground for ethics (e... (shrink)

This article establishes the relevance of Anna-Teresa Tymieniecka’s work for understanding human communication. Tymieniecka’s cosmology, available in her four-volume series Logos and Life (1988–2000) and supplemented by prolific writings across several decades, articulates a ‘third phenomenology’ – a phenomenology of life. Her work fulfils Edmund Husserl’s original phenomenology of consciousness and Roman Ingarden’s second phenomenology of realism/idealism. Tymieniecka’s ontopoietic cosmology, which strenuously resists linear form, is interwoven with the possibilities of human communication. Her works explain life as the expansion of (...) logos: recursively the vital sphere initiates logos, forcing the existential sphere, concurrently prompting the social sphere of the human condition. The human station reveals meaning-bestowing functions: the creative-imaginative origin urges the aesthetic, moral, and intellective senses. Self-individualizing development concurrently desires communicative participation in life. The lived-body and sign/word allow one to re-establish ties to communal life after self-individualization. At the human ‘crown’, life recedes through an individual quest for spiritual development, inspired by a desire for transcendence. (shrink)

This article—the first of a linked set of three outlining the development and practice of a different approach to science/religion dialogue—begins with an overview of some persistent tensions in the field. Then, using a threefold heuristic of encounter, engagement, and expression, it explores the routes taken by James Ashbrook and Andrew Newberg to develop a dialogue between theology and neuroscience, discussing some of the problems associated with these and their implications for attempts to further develop neurotheology. Finally, it proposes a (...) different way of thinking about this enterprise and points toward a new methodology for supporting this endeavor. (shrink)

This second of three articles outlining the development and practice of a different approach to neurotheology discusses the construction of a suitable methodology for the project based on the work of J. Wentzel van Huyssteen. It explores the origin and contours of his concept of postfoundational rationality, its potential as a locus for epistemological parity between science and religion and the distinctive and unique transversal space model for interdisciplinary dialogue which he builds on these. It then proposes a further development (...) of the model which has the potential to produce a very different type of additional and original dialogical outcome. While such “transversal” outputs may initially seem counter and strange they not only flow naturally from the models’ own inherent dynamics but also open up the possibility of a distinctively different form of neurotheology. (shrink)

Any panpsychism building complex consciousness out of basic atoms of consciousness needs a theory of ‘mental chemistry’ explaining how this building works. This paper argues that split-brain patients show actual mental chemistry or at least give reasons for thinking it possible. The paper next develops constraints on theories of mental chemistry. It then puts forward models satisfying these constraints. The paper understands mental chemistry as a transformation consistent with conservation of consciousness rather than an aggregation perhaps followed by the creation (...) of something in addition. The paper suggests that this kind of mental chemistry alone yields a workable panpsychism. (shrink)

The most plausible type of panpsychism explains high-level consciousness as a compound of basic conscious properties instantiated by basic bottom-level physical objects. Arguments for panpsychism stand little chance in the absence of an account that makes sense of basic bottom-level experience; and explains how basic bottom-level experiences yield high-level experiences. This paper tackles the first task. It develops a method for investigating basic bottom-level experience: it identifies constraints, motivated by scientific and philosophical considerations, that force a unique account. Then it (...) applies this method, using quarks as stand-ins for basic but conscious physical objects. It concludes that quark-consciousness is maximally simple ; multiple ; and internal. (shrink)

But still I think some account has to be given of the application of CM to tides and cannon balls etc. etc. It seems to me that Einstein's and Bohr's analysis was essentially correct: we make the connection, and thus apply the mathematical statements of CM to macroscopic features of the world about us, by constructing, within the mathematical framework,. macroscopic conglomerates of the elementary particles and fields that should have the general appearance of tides and billiard, looked at from (...) a distance, and that would respond to the probings of mathematical models of measuring devices, whose "pointers" we can see from afar, in the ways that waves and billiard balls do. I think a look at how CM has been used and applied since the time of Newton and Galileo shows that the mathematical theory is linked into our experiences of the world in this nonproblematic way, and that this correspondence at this nonproblematic level is part of classical mechanics in the broad sense in which it is understood by people who use it. (shrink)

While admirable, Guala's discussion of reciprocity suffers from a confusion between proximate causes (psychological mechanisms triggering behaviour) and ultimate causes (evolved function of those psychological mechanisms). Because much work on commits this error, I clarify the difference between proximate and ultimate causes of cooperation and punishment. I also caution against hasty rejections of of experimental evidence.

This short essay examines the relationship between academic research and policy with particular emphasis on the question of whether a critical criminology can engage in academic critique at the same time as engaging in policy oriented research. Recognising that critical criminology falls between theory and politics criminologists are urged to adopt pragmatic, strategic positions as they negotiate their role in contentious debates and practical minefields. It is concluded that a critical criminology must try not only to think the unthinkable about (...) crime, but also to speak the unspeakable about the conditions in which and by which it is known. (shrink)

Critical analysis of the commercialization and malpractice current in the profession of medicine.

This peer commentary opens with setting the context for decisions on the edge of viability through an autoethnographic account (Bochner and Ellis 2016) of the author’s experience of such a situatio...

Using touch as a medium for exploring the ways in which it is constructed by nurses, the body is here characterized by a plethora of competing and co‐existing terms: disobedient, obedient, mirroring, stigmatized, sinful, post‐mortem, sanitized, angelic, desexualized, dangerous, dominant, dominating, deceitful, submissive, disciplined, postmodern and communicative. We have tried to be provocative by juxtaposing contradictory messages and evoking conflicting emotions, and we hope that the reader will not assume that we believe everything we write, or that everything may be (...) taken only at face value. There are as many messages and meanings in the paper as each reader thinks there are. (shrink)

The “fearful ape hypothesis” is interesting but is currently underspecified. We need more research on whether it is specific to fear, specific to humans (or even cooperative breeders in general), what is included in “fear,” and whether these patterns would indeed evolve despite arms races to extract help from audiences. Specifying these will result in a more testable hypothesis.

The target article's important point is easily misunderstood to claim that all revenge is adaptive. Revenge and forgiveness can overstretch the bounds of utility due to misperceptions, minimization of costly errors, a breakdown within our evolved revenge systems, or natural genetic and developmental variation. Together, these factors can compound to produce highly abnormal instances of revenge and forgiveness.

The Institute on Religion in an Age of Science has a long history of delivering conferences addressing topics of interest in the field of science and religion. The following papers from the 2013 summer conference on “The Scientific, Spiritual, and Moral Challenges in Solving the World Food Crisis” are, in keeping with the eclectic nature of these conferences, very different in content and approach. Such differences underline the challenges of synergistically combining scientific and religious insights to increase understanding of global (...) problems and their possible solutions. This in turn reflects deeper questions about the purpose and nature of the science/religion dialogue. These papers suggest various ways in which the two perspectives can be combined in the pursuit of building better understandings of food-related issues, as well as highlighting difficulties and limitations which need to be addressed if the fruits of such dialogue are to make a wider impact. As such they serve as useful pointers for how this type of science/religion interaction might be further developed and deployed. (shrink)

Physical attractiveness affects how one gets treated, but it is just a single component of one's overall “market value.” One's treatment depends on other markers of market value, including social status, competence, warmth, and any other cues of one's ability or willingness to confer benefits on partners. To completely understand biased treatment, we must also incorporate these other factors.

One reason why humans don't behave according to standard game theoretical rationality is because it's not realistic to assume that everyone else is behaving rationally. An individual is expected to have psychological mechanisms that function to maximize his/her long-term payoffs in a world of potentially “irrational” individuals. Psychological decision theory has to be individualistic because individuals make decisions, not groups.

We are very grateful to both Matthew Ratcliffe and Thomas Szasz for taking the time to read and respond to our paper. Ratcliffe is broadly sympathetic to our efforts and provides a very convincing argument against mind–body dualisms by drawing on work from the phenomenological tradition. His comments extend rather than challenge our central thesis. Szasz, however, is dismissive of our position. As a result, most of our response is directed to his commentary. Ratcliffe uses the work of van der (...) Berg to make the case that any easy distinction between bodily and mental illness or suffering is false to our lived reality as human beings. Of course, in the day-to- day world of contemporary medical practice .. (shrink)

Providing an overview of the historical and social background of the Reggio Approach, this book encourages practitioners to look at their individual settings and existing practice in relation to the approach.