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)

This collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the knowledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be involved in legal (...) decision making. Ought decisions to aspire simply to right reason or ought faith-based models of decision-making to be incorporated into the legal system? If the latter, how is this best done? Ought faith to operate simply as a reason itself or ought it to help to structure the method by which legal decisions are reached? The second, and perhaps most familiar theme, stemming in part from rights discourse, is the extent to which law does, and ought to, respect the rights of those whose religious beliefs conflict with the dominant social norms and practices. Liberal democratic constitutions typically provide protection for religion and religious beliefs. Are these justified, and if so how? Can such protection as exists suffice from the perspective of the faithful, or does law's otherwise pervasive agnosticism make this impossible or illusory? Thirdly, questions of identity and difference arise. Assuming that most societies remain a mix of many faiths (religious and secular) and no faith, how should law and legal theory understand the varying and, it must be said, conflicting claims for recognition. Should we encourage conformity in the hope of reducing friction, or should we preserve and promote difference, seeking to understand others, whether groups or individuals, without removing that which makes them distinct? More radically and controversially, should we be more sceptical of individual and group claims to authenticity and see them rather as strategies in an ongoing power game? Faith after all, like reason and law, has never been far from politics and intrigue, especially in its institutional representation. Contributors: Zenon Bankowski, Anthony Bradney, Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha Malik, Victor Tadros. (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)

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)

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)

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.

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)

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.

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)

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)

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)

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)

The Association for Core Texts and Courses asserts its commitment to coming together and speaking about the scientific, the political, and the artistic to live together in an enlightened fashion. ACTC's Tenth Annual Conference re-affirmed and re-examined the value of serious reading and discussion focused through core texts.

Many psychological studies of categorization and reasoning use undergraduates to make claims about human conceptualization. Generalizability of findings to other populations is often assumed but rarely tested. Even when comparative studies are conducted, it may be challenging to interpret differences. As a partial remedy, in the present studies we adopt a 'triangulation strategy' to evaluate the ways expertise and culturally different belief systems can lead to different ways of conceptualizing the biological world. We use three groups (US bird experts, US (...) undergraduates, and ordinary Itza' Maya) and two sets of birds (North American and Central American). Categorization tasks show considerable similarity among the three groups' taxonomic sorts, but also systematic differences. Notably, US expert categorization is more similar to Itza' than to US novice categorization. The differences are magnified on inductive reasoning tasks where only undergraduates show patterns of judgment that are largely consistent with current models of category-based taxonomic inference. The Maya commonly employ causal and ecological reasoning rather than taxonomic reasoning. Experts use a mixture of strategies (including causal and ecological reasoning), only some of which current models explain. US and Itza' informants differed markedly when reasoning about passerines (songbirds), reflecting the somewhat different role that songbirds play in the two cultures. The results call into question the importance of similarity-based notions of typicality and central tendency in natural categorization and reasoning. These findings also show that relative expertise leads to a convergence of thought that transcends cultural boundaries and shared experiences. (shrink)

During public health crises including the COVID-19 pandemic, resource scarcity and contagion risks may require health systems to shift—to some degree—from a usual clinical ethic, focused on the well-being of individual patients, to a public health ethic, focused on population health. Many triage policies exist that fall under the legal protections afforded by “crisis standards of care,” but they have key differences. We critically appraise one of the most fundamental differences among policies, namely the use of criteria to categorically exclude (...) certain patients from eligibility for otherwise standard medical services. We examine these categorical exclusion criteria from ethical, legal, disability, and implementation perspectives. Focusing our analysis on the most common type of exclusion criteria, which are disease-specific, we conclude that optimal policies for critical care resource allocation and the use of cardiopulmonary resuscitation (CPR) should not use categorical exclusions. We argue that the avoidance of categorical exclusions is often practically feasible, consistent with public health norms, and mitigates discrimination against persons with disabilities. (shrink)

Within the rough ground that is the field of education there is a complex web of ethical obligations: to prepare our students for their future work; to be ethical as educators in our conduct and teaching; to the ethical principles embedded in the contexts in which we work; and given the Southern context of this work, the ethical obligations we have to this land and its First Peoples. We put out a call to colleagues whose work has been concerned with (...) the pedagogies of professional ethics, the ethical burdens of institutional injustice, and the application of ethical theory to education’s applied fields. In the responses we received it can be seen that ethical concerns in education are broad ranging, covering terrain varying from the preparation of preservice teachers, ethics in higher education, early childhood and care, educational leadership, relational and communicative ethics. Perhaps it could also be argued that this paper demonstrates Gibbon’s observation that ‘Assumptions about the particularity of this time as new and ripe with opportunity to make a difference through philosophy of education are not new and there’s much to learn from the persistence of wanting to imagine that they are’. However, while the field of ethics is perennially concerned with human relations and pedagogical interventions to improve these, the responses collected here show that educational ethics is far from static. Educational ethics is a field that continues to develop in response to changing contexts. (shrink)

BackgroundIn the Canadian Alliance for Healthy Hearts and Minds (CAHHM) cohort, participants underwent magnetic resonance imaging (MRI) of the brain, heart, and abdomen, that generated incidental findings (IFs). The approach to managing these unexpected results remain a complex issue. Our objectives were to describe the CAHHM policy for the management of IFs, to understand the impact of disclosing IFs to healthy research participants, and to reflect on the ethical obligations of researchers in future MRI studies.MethodsBetween 2013 and 2019, 8252 participants (...) (mean age 58 ± 9 years, 54% women) were recruited with a follow-up questionnaire administered to 909 participants (40% response rate) at 1-year. The CAHHM policy followed a restricted approach, whereby routine feedback on IFs was not provided. Only IFs of severe structural abnormalities were reported.ResultsSevere structural abnormalities occurred in 8.3% (95% confidence interval 7.7–8.9%) of participants, with the highest proportions found in the brain (4.2%) and abdomen (3.1%). The majority of participants (97%) informed of an IF reported no change in quality of life, with 3% of participants reporting that the knowledge of an IF negatively impacted their quality of life. Furthermore, 50% reported increased stress in learning about an IF, and in 95%, the discovery of an IF did not adversely impact his/her life insurance policy. Most participants (90%) would enrol in the study again and perceived the MRI scan to be beneficial, regardless of whether they were informed of IFs. While the implications of a restricted approach to IF management was perceived to be mostly positive, a degree of diagnostic misconception was present amongst participants, indicating the importance of a more thorough consent process to support participant autonomy.ConclusionThe management of IFs from research MRI scans remain a challenging issue, as participants may experience stress and a reduced quality of life when IFs are disclosed. The restricted approach to IF management in CAHHM demonstrated a fair fulfillment of the overarching ethical principles of respect for autonomy, concern for wellbeing, and justice. The approach outlined in the CAHHM policy may serve as a framework for future research studies.Clinical trial registrationhttps://clinicaltrials.gov/ct2/show/nct02220582. (shrink)

In the conclusion to this multi-part article I first review the discussions carried out around the six essential questions in psychiatric diagnosis – the position taken by Allen Frances on each question, the commentaries on the respective question along with Frances’ responses to the commentaries, and my own view of the multiple discussions. In this review I emphasize that the core question is the first – what is the nature of psychiatric illness – and that in some manner all further (...) questions follow from the first. Following this review I attempt to move the discussion forward, addressing the first question from the perspectives of natural kind analysis and complexity analysis. This reflection leads toward a view of psychiatric disorders – and future nosologies – as far more complex and uncertain than we have imagined. (shrink)

Sacred values are different from secular values in that they are often associated with violations of the cost-benefit logic of rational choice models. Previous work on sacred values has been largely limited to religious or territorial conflicts deeply embedded in historical contexts. In this work we find that the Iranian nuclear program, a relatively recent development, is treated as sacred by some Iranians, leading to a greater disapproval of deals which involve monetary incentives to end the program. Our results suggest (...) that depending on the prevalence of such values, incentive-focused negotiations may backfire. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article will take up the first two questions. With the first question, invited commentators express a range of opinion regarding the nature of psychiatric disorders, loosely divided into a realist position that the diagnostic categories represent real diseases that we can accurately name and know with our perceptual abilities, a middle, nominalist position that psychiatric disorders do exist in the real world but that our diagnostic categories are constructs that may or may not accurately represent the disorders out there, and finally a purely constructivist position that the diagnostic categories are simply constructs with no evidence of psychiatric disorders in the real world. The second question again offers a range of opinion as to how we should define a mental or psychiatric disorder, including the possibility that we should not try to formulate a definition. The general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

A critical review of the book, "Beyond Philosophy," assessing the authors' argument with an eye toward the book's usefulness for educators in art theory and intersectional philosophy courses.

If you look up οκος in Liddell and Scott, you find the instances classified in three main divisions: first those meaning a house, or sometimes other kinds of building; secondly ‘one's household goods, substance’, for which I shall generally say ‘property’, though Liddell and Scott do not actually use that word; and thirdly ‘family’. This threefold distinction is sound, and I shall adhere to it here. Admittedly one sometimes finds an instance where it is not easy to decide (...) which sense the word has. Two of the senses, occasionally even all three, may overlap. But in the great majority of instances it is clear which sense is meant. (shrink)

I would like to thank Scott Waterman for sharing what must have been very challenging personal circumstances. Waterman's reflections touched upon many complex issues. For my part, I would like to explore how Waterman's experience underscores the importance of epistemic humility regarding the limits of scientific knowledge and our sense of the meaning of scientific knowledge while still recognizing the significance and power of scientific knowledge. The first epistemic challenge presented by Scott Waterman's experience of "patienthood" that demonstrates (...) the limits of scientific knowledge is the ability to know pain. Of course, we have all known pain, but such firstperson knowledge would not qualify as scientific... (shrink)

If you look up οἶκος in Liddell and Scott, you find the instances classified in three main divisions: first those meaning a house, or sometimes other kinds of building; secondly ‘one's household goods, substance’, for which I shall generally say ‘property’, though Liddell and Scott do not actually use that word; and thirdly ‘family’. This threefold distinction is sound, and I shall adhere to it here. Admittedly one sometimes finds an instance where it is not easy to decide (...) which sense the word has. Two of the senses, occasionally even all three, may overlap. But in the great majority of instances it is clear which sense is meant. (shrink)

We investigate effective categoricity of computable equivalence structures . We show that is computably categorical if and only if has only finitely many finite equivalence classes, or has only finitely many infinite classes, bounded character, and at most one finite k such that there are infinitely many classes of size k. We also prove that all computably categorical structures are relatively computably categorical, that is, have computably enumerable Scott families of existential formulas. Since all computable equivalence structures are relatively (...) categorical, we further investigate when they are categorical. We also obtain results on the index sets of computable equivalence structures. (shrink)