This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism - defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and (...) the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book's non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences. (shrink)

What is consciousness? brentano suggests that consciousness is a simple binary relation between a self and an object. in this paper, i offer a textual clarification and a qualified philosophical defense of brentano's suggestion. in part i, i indicate the ordinary facts of subjective experience that any adequate theory of consciousness must account for. in part ii, i argue on textual grounds that brentano's theory has been misunderstood by chisholm. in part iii, i argue that brentano's theory meets the conditions (...) of an adequate theory. (shrink)

Responses by authors, politicians, and religious leaders of Kerala on Philosophy of life.

Inconsistency of attitudes and behavior is due to the probabilistic connection between responses or actions and the (not directly observable) dispositions on which they depend. Latent variable models provide criteria for recognizing when attitude and behavior depend on the same disposition. Statistical tests of such models and techniques of parameter estimation are described. The viewpoint proposed here and illustrated with empirical examples contrasts with the prevalent reliance on correlational models and methods.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 105-128 [Access article in PDF] The Metaphoric Circuit: Organic and Technological Communication in the Nineteenth Century Laura Otis [Figures]In a public lecture in 1851, Emil DuBois-Reymond proposed that the wonder of our time, electrical telegraphy, was long ago modeled in the animal machine. But the similarity between the two apparatus, the nervous system and the electric telegraph, has a much (...) deeper foundation. It is more than similarity; it is a kinship between the two, an agreement not merely of the effects, but also perhaps of the causes. 1In 1851 the telegraph and the nervous system appeared to be doing the same things and for the same reasons. Their common purpose was the transmission of information, and they both conveyed this information as alterations in electrical signals. By calling the nervous system a "model" for the telegraph, DuBois-Reymond suggested that organic communications systems offered solutions to problems encountered by technological ones.In the same decade, however, Claude Bernard remained skeptical about the epistemological value of metaphor. From the classical notion of nervous fluid to the more recent ones of animal spirits and animal electricity, he pointed out, people's "knowledge" of the nervous system had consisted largely of a series of comparisons, "the expression of a way of seeing meant to explain the facts." 2 Priding himself on his empiricism, Bernard mistrusted analogy as a means of constructing knowledge. Does one know more or less about something, if one asserts that it is like something else? What exactly is the relationship between metaphor and knowledge? [End Page 105]Many scientific investigators have shared Bernard's concern that claims of likeness will change their perceptions of physiological systems, but for the same reason some scholars of language are more optimistic about the epistemological possibilities of metaphor. George Lakoff and Mark Johnson assert that the role of metaphor in scientific thinking provides one of the best illustrations of how metaphors reflect and influence what we see and do. "Formal scientific theories are attempts to consistently extend a set of ontological and structural metaphors," they argue. 3 This "extension," though, is just what worried Bernard. Metaphors provoke and give birth to new images. By establishing and reinforcing connections, they encourage us to see in new ways. While Bernard is correct that assertions of likeness alter the way we see, Lakoff and Johnson are equally correct in claiming that "much of cultural change arises from the introduction of new metaphorical concepts and the loss of old ones." 4 Alterations in the way we see can be extremely productive.One of the most intriguing cases through which to study the epistemological role of metaphor is that of comparisons between physiological and technological communications systems. Throughout the nineteenth century scientists' electrophysiological understanding of the nervous system closely paralleled technological knowledge that allowed for the construction of telegraph networks. Timothy Lenoir has demonstrated that Hermann Helmholtz and Emil DuBois-Reymond, the nineteenth-century scientists who made some of the greatest contributions to neurophysiology, worked closely with communications engineers like Werner Siemens. By developing models that reflected the apparatus they had adapted from physics and media technology, Helmholtz, and DuBois-Reymond changed people's understanding of the way nerves transmitted impulses. I agree with Lenoir that these comparisons between organic and technological systems were not mere devices for popularization but became incorporated into the scientists' own vision and understanding of the nervous system. 5 When one reads the proposals of nineteenth-century engineers, one begins to suspect that communication in the body and in society can only be understood in terms of each other. But can one claim that comparisons of communication mediated by bodies and machines actually contributed to knowledge of the nervous system and of early telecommunications networks?From the late eighteenth century onward, scientists studying organic and technological communications systems continually inspired one another. As Friedrich Kittler argues in Discourse Networks, nineteenth-century media for writing and communication—the telegraph, typewriter, and telephone—affected not just the way people wrote and... (shrink)

Opposites are the outcome of a process of opposing. This process, by which opposites are generated--and also, it will presently appear, united--dialectic calls negation. Thus negation is a central concept in dialectic, for it describes something which is even more ultimate than the opposites themselves. It has several aspects.

The structure and the energies are mutually relevant, in that each makes the other determinate. Without the social energies, the political forms of democracy are abstract and indeterminate; they lose their reference to the individual society, and there is left a structure which might be exemplified in any number of states, in any number of different ways. But in relation to the energies, the determinable structures become individualized, determinate forms. Conversely, apart from structure, the energies are indeterminate. Thus we say (...) of a man that his originality or ambition took a certain form. His creative powers found an outlet in science or in art; his ambition was channelled in a political career, or he became a business executive. Because of the mutual determination of structure and energies, the existent is an individual, and acts as a unit. (shrink)

The rule for the determination of clear meaning was stated by Peirce in these words: "Consider what effects, that might conceivably have practical bearings, we conceive the object of our conception to have. Then, our conception of these effects is the whole of our conception of the object". The idea of an object is the idea of its effects, of what it will do, and of what will happen to it, under various conditions. The idea or conception is a definition, (...) or a set of properties and relationships. In a more extended sense, it is also the set of implications which, as we say, follow from its definition. (shrink)

Scientific method in philosophy has been so greatly developed and widely accepted in our day that it seems almost ready to lay claim to the self-evidence which an older rationalism professed. It is my belief that it leaves out something essential to philosophy. I shall not attempt to define scientific method in philosophy, since it is a movement with several wings, rather than a definite set of propositions accepted by all its advocates; but its intent is clear. The theme of (...) current criticisms of metaphysics and speculation has been that philosophy has no private access to the truth, no monopoly of such knowledge as human beings possess; it stands on an equal footing with the sciences. The observation is sound and timely; but from it has been drawn, at least by implication, the conclusion that there is no such thing as philosophy at all. For unless it has a peculiar method, or a distinct subject matter, or some other distinguishing trait, philosophy is only a convenient name for a certain group of men and the books they wrote. The criticism was made because philosophy had come to be identified with a set of dogmas. I wish to suggest instead that it is a peculiar kind of inquiry into a distinct subject matter. Philosophy is the attempt to formulate principles or categories which the philosopher already possesses, in common with everyone else, but in an unformulated state. Philosophy is always developing theories and systems, but they are tentative, not final and dogmatic; the categories are certain, but their statement is provisional; therefore, the process of inquiry is unending. (shrink)

In their article “Three Kinds of Decision-Making Capacity for Refusing Medical Interventions,” Navin et al. (2022) argue that we should recognize two forms of decision-making capacity (DMC) besides...

The New Evil Demon problem has been hotly debated since the case was introduced in the early 1980’s (e.g. Lehrer and Cohen 1983; Cohen 1984), and there seems to be recent increased interest in the topic. In a forthcoming collection of papers on the New Evil Demon problem (Dutant and Dorsch, forthcoming), at least two of the papers, both by prominent epistemologists, attempt to resist the problem by appealing to the distinction between justification and excuses. My primary aim here is (...) to critically evaluate this new excuse maneuver as a response to the New Evil Demon problem. -/- Their response attempts to give us reason to reject the idea that victims of the New Evil Demon have justification for believing as they do. I shall argue that this approach is ultimately unsuccessful, however much of value can be learned from these attempts. In particular, progress in the debate can be made by following those who advance the excuse maneuver and make explicit the connection between epistemic justification and epistemic norms. By doing so, the questions being debated are clarified, as is the methodology being used to attempt to answer them. (shrink)

Building on research that analyzes how social relations and networks shape the Chinese market, this article asks a less-studied question: How is the market changing guanxi? The authors trace the transformation of guanxi from communal, kin-based ties to a cultural metaphor with which diverse individuals build flexible social relationships in late-socialist China. As a “generalized particularism,” this cultural metaphor provides something analogous to the culture of civility in Western societies. The authors discuss the political potential of guanxi in terms of (...) its dual tendency toward the “publicization” and “privatization” of power. The development of guanxi civility suggests the diverse cultural origins of civility and serves as a reminder of the particularistic roots in the universalistic assumption of Western civility. (shrink)

There are various equivalent formulations of the Church-Turing thesis. A common one is that every effective computation can be carried out by a Turing machine. The Church-Turing thesis is often misunderstood, particularly in recent writing in the philosophy of mind.

Scholars have yet to understand the gendered performance of aesthetic and emotional labor that maintains routine global power asymmetries. An ethnographic case study of service labor in a global luxury hotel in Beijing, China, reveals how women workers learn to span cultural divides as gendered capacities. These workers must not only “look good and sound right,” they must look familiar and sound understandable. Adopting the term “bridgework,” the research tracks the institutionalization of labor requiring acquisition of the body and the (...) feeling rules of western customers, which reflect the global cultural hegemony of the United States. Managers conceive of these rules as universal, natural feminine orientations, even as they systematically deconstruct and teach them to women workers. Workers bear responsibility for putting rules that bridge divides into practice. When misunderstandings occur, managers attribute them to a failure of the worker’s femininity, rather than the customer’s lack of facility with local practice. Bridgework creates cosmopolitan capital, a form of status accruing to a white, western male business class through ease of movement and preservation of a sense of competence while traveling across borders. (shrink)