This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

The paper attempts to bridge a gap between two prevalent conceptions of forgiveness that are widely thought to be in opposition. On one side of things, forgiveness is often characterized as a gift. The image is an ever-present one, enduring in popular culture no less than in the sober prose of analytic philosophy. But we also talk of forgiveness as a moral imperative, an important, even vital aspect of our moral life. I argue that, contrary to what may at first (...) appear, the two sides are not in tension, and each gets at something important about the nature of forgiveness. Forgiveness is indeed a gift but, much like actual gifts, it is one we are sometimes required to give. (shrink)

Many people appear to attach great value to sad music. But why? One way to gain insight into this question is to turn away from music and look instead at why people value sad conversations. In the case of conversations, the answer seems to be that expressing sadness creates a sense of genuine connection. We propose that sad music can also have this type of value. Listening to a sad song can give one a sense of genuine connection. We then (...) explore the nature of this value in two experimental studies. The results suggest a striking relationship between music and conversation. People see something distinctively musical in works that express precisely those emotions that they think most create connection within conversation. (shrink)

Moral obligation, according to one influential conception, is distinct among other moral concepts in at least two respects. First, obligation is linked with demands. If I am obligated to you to do X, then you can demand that I do X. Second, obligation is linked with blame and the rest of our accountability practices. If I am obligated to you to do X, failure to do so is blameworthy and you may hold me accountable for it. The puzzle is the (...) following: when it comes to our attitudes, in particular to our emotional responses, these two components seem to come apart. We do not appear to demand that others feel a given emotion. And yet, we do blame others (and ourselves) for feeling them. The challenge I take on in this paper is to sort out the moral status of emotions given these facts. (shrink)

The purpose of this paper is to reject what I call the entitlement model of directed obligation: the view that we can conclude from X is obligated to Y that therefore Y has an entitlement against X. I argue that rejecting the model clears up many otherwise puzzling aspects of ordinary moral interaction. The main goal is not to offer a new theory of obligation and entitlement. It is rather to show that, contrary to what most philosophers have assumed, directed (...) obligation and entitlement are not the same normative concept seen from two different perspectives. They are two very different concepts, and much is gained by keeping them distinct. (shrink)

I WOULD LIKE TO respond to the four commentaries in turn. In each case I have started by setting out what I think the commentaries are claiming; in doing so, I may reveal that I have misunderstood or misconstrued, and I apologize where this is the case. My responses in many cases are provisional: the commentaries have given me much to think about. Also, my responses are selective—there are many points not touched upon here that deserve consideration. Finally, the order (...) of my responses is arbitrary. (shrink)

This feature in Philosophy, Psychiatry, & Psychology (PPP) is intended to provide ongoing commentary on main articles previously published in PPP. The essay by Pickering below is a response to Bengt Brülde’s paper in PPP (14, no. 2:93–102).

This paper explores public sentiment towards strike action among healthcare workers, as a result of their perceived inadequate pay. By analysing survey data collected in England between 2022 and 2023, the study focuses on NHS nurses and junior doctors, due to their critical role in delivering essential public services. Results indicate higher public support for strikes by nurses and junior doctors compared to other professions such as postal workers, teachers, rail workers, airport workers, civil servants and university lecturers. However, variation (...) in support for strikes by healthcare workers is observed across societal segments. Significant disparities in support are linked to individual political affiliations, left–right ideological positions and trust in the NHS. In short, nonconservative voters, individuals leaning towards left‐wing politics and those with greater trust in the NHS demonstrate higher likelihoods of supporting strikes by health workers. These findings carry implications for future strike decisions and highlight specific target groups for enhanced communication efforts to garner increased public support. (shrink)

This is a book about how politics, government - and much else - needs to change in response to the transition from the Holocene to the Anthropocene, the emerging epoch of human-induced instability in the Earth system and its life-support capacities.

This paper aims to show how medical scientists may use metaphor in ways closely parallel to poets. Those who believe metaphor has any role at all in science may describe its use in various ways. Associationists think metaphors are based upon likenesses, and collapse the notions of model and metaphor together. But, as an example from the work of Louis Pasteur suggests, metaphor need not be based upon likenesses. Rather it may play a role in making possible a model'sexplanatory significance. (...) Models may presuppose metaphors. The Pasteur example also suggests metaphor may play a part in creating likenesses through its role in classification and reclassification. It is in these ways that the use of metaphor in medical science most closely parallels that in poetry. (shrink)

A fundamental issue in the philosophy of psychiatry is that of the reality of mental illness: is there any such thing as mental illness? The dominant means of resolving this issue—either for or against—is the likeness argument. This states that mental illness exists, or does not, depending on the extent to which putative mental illnesses (such as alcoholism or schizophrenia) are like universally accepted illnesses (such as pneumonia). To succeed, this argument has to assume (1) that the features of conditions (...) such as schizophrenia will decide whether they are illnesses or not and (2) that the existence of these features can be determined independently of the question whether they are illnesses or not. Both assumptions can be questioned. A weaker objection to the likeness argument questions the first, but it is possible to overcome it. A stronger objection questions the second assumption, and is successful in undermining it. This also undermines the first assumption. As a result, the likeness argument will fail. Two major objections to the stronger objection are considered and accommodated. (shrink)

The plurality of languages and ethnicities, the geographic fragmentation, the predominant Roman Catholic religion, together with the still relatively short experience in nationhood account for a very peculiar understanding of "business ethics" in the Philippines. The rapid growth and liberalization of the economy, coupled with the inequitable distribution of wealth, the destruction of the environment and corruption are the main ethical concerns. Businesspersons and the academe endeavor to find creative solutions for these unique challenges.

Auguste Comte's doctrine of positivism was both a philosophy of science and a political philosophy designed to organize a new, secular, stable society based on positive or scientific, ideas, rather than the theological dogmas and metaphysical speculations associated with the ancien regime. This volume offers the most comprehensive English-language overview of Auguste Comte's philosophy, the relation of his work to the sciences of his day, and the extensive, continuing impact of his thinking on philosophy and especially secular political movements in (...) Europe, Latin America, and Asia. Contributors consider Comte’s reasons for establishing a Religion of Humanity as well as his views on domestic life and the arts in his positivist utopia. The volume further details Comte's attempt to apply his "positive method," first to social science and then to politics and morality, thereby defending the continuity of his career while also critically examining the limits of his approach. (shrink)

Rothstein (2010) argues that groups may be harmed by research on deidentified data. He concludes that researchers are obligated to minimize group harms and demonstrate respect for a studied group t...

It is a welcome development when academic philosophy starts to concern itself with practical issues, in such a way as to influence people's lives. Recently this has happened with one moral issue in particular—but infortunately it is the wrong issue, and people's actions have been influenced in the wrong way. The issue is that of the moral status and treatment of animals. A number of philosophers have argued for what they call ‘animal liberation’, comparing it directly with egalitarian causes such (...) as women's liberation and racial equality and suggesting that, if racism and sexism are rationally indefensible, so is ‘speciesism’. If one ought to give equal consideration to the interests of all human beings, then, so they daim, one must on the same grounds and in the same way recognize that ‘all animals are equal’, be they human or non-human. We believe that this assimilation of ‘animal liberation’ to human liberation movements is mistaken. (shrink)

An examination, by a diverse field of experts, of Pickering's mangle theory and its applicability (or lack thereof) beyond the limited cases he presented in the ...

Contemporary accounts of luck, though differing in pretty much everything, all agree that the concept of luck is descriptive as opposed to normative. This widespread agreement forms part of the framework in which debates in ethics and epistemology, where the concept of luck plays a central role, are carried out. The hypothesis put forward in the present paper is that luck attributions are sensitive to normative considerations. I report five experiments suggesting that luck attributions are influenced by the normative features (...) of the case, and not merely by descriptive notions like agential control or modal fragility. I discuss the implications of this effect for theories of luck and debates in ethics and epistemology. (shrink)

This ambitious book by one of the most original and provocative thinkers in science studies offers a sophisticated new understanding of the nature of scientific, mathematical, and engineering practice and the production of scientific knowledge. Andrew Pickering offers a new approach to the unpredictable nature of change in science, taking into account the extraordinary number of factors—social, technological, conceptual, and natural—that interact to affect the creation of scientific knowledge. In his view, machines, instruments, facts, theories, conceptual and mathematical structures, (...) disciplined practices, and human beings are in constantly shifting relationships with one another—"mangled" together in unforeseeable ways that are shaped by the contingencies of culture, time, and place. Situating material as well as human agency in their larger cultural context, Pickering uses case studies to show how this picture of the open, changeable nature of science advances a richer understanding of scientific work both past and present. Pickering examines in detail the building of the bubble chamber in particle physics, the search for the quark, the construction of the quarternion system in mathematics, and the introduction of computer-controlled machine tools in industry. He uses these examples to address the most basic elements of scientific practice—the development of experimental apparatus, the production of facts, the development of theory, and the interrelation of machines and social organization. (shrink)

Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...) behavior is mediated by concepts at all. Constricted cognitive capacities have been thought to prevent participation in the prescribed process for forming personalized ideas of the good. So liberal theory, when formulating principles and practices of justice, often disregards cognitively disabled peoples' perspectives. We put aside metaphysically driven notions about personhood and show how interpersonal processes of “prosthetic” thinking (different from surrogacy) can satisfy liberalism's standards, positioning cognitively disabled individuals as fully participating subjects of justice. (shrink)

Inviting a reappraisal of the status of scientific knowledge, Andrew Pickering suggests that scientists are not mere passive observers and reporters of nature.

Science as Practice and Culture explores one of the newest and most controversial developments within the rapidly changing field of science studies: the move toward studying scientific practice--the work of doing science--and the associated move toward studying scientific culture, understood as the field of resources that practice operates in and on. Andrew Pickering has invited leading historians, philosophers, sociologists, and anthropologists of science to prepare original essays for this volume. The essays range over the physical and biological sciences and (...) mathematics, and are divided into two parts. In part I, the contributors map out a coherent set of perspectives on scientific practice and culture, and relate their analyses to central topics in the philosophy of science such as realism, relativism, and incommensurability. The essays in part II seek to delineate the study of science as practice in arguments across its borders with the sociology of scientific knowledge, social epistemology, and reflexive ethnography. (shrink)

Auguste Comte's doctrine of positivism was both a philosophy of science and a political philosophy designed to organize a new, secular, stable society based on positive or scientific, ideas, rather than the theological dogmas and metaphysical speculations associated with the ancien regime. This volume offers the most comprehensive English-language overview of Auguste Comte's philosophy, the relation of his work to the sciences of his day, and the extensive, continuing impact of his thinking on philosophy and especially secular political movements in (...) Europe, Latin America, and Asia. Contributors consider Comte's reasons for establishing a Religion of Humanity as well as his views on domestic life and the arts in his positivist utopia. The volume further details Comte's attempt to apply his "positive method," first to social science and then to politics and morality, thereby defending the continuity of his career while also critically examining the limits of his approach. (shrink)

Taking the possibility of visual argumentation seriously, this essay explores how refutation might proceed. We posit three ways in which images can refute and be refuted in a mixed-media environment: (1) dissection, in which an image is broken down discursively; (2) substitution, in which one image is replaced within a larger visual frame by a different image; and (3) transformation, in which an image is recontextualized in a new visual frame. These strategies are illustrated in an analysis of three American (...) documentary films on abortion. (shrink)

Within the cognitive sciences, most researchers assume that it is the job of linguists to investigate how language is represented, and that they do so largely by building theories based on explicit judgments about patterns of acceptability – whereas it is the task of psychologists to determine how language is processed, and that in doing so, they do not typically question the linguists' representational assumptions. We challenge this division of labor by arguing that structural priming provides an implicit method of (...) investigating linguistic representations that should end the current reliance on acceptability judgments. Moreover, structural priming has now reached sufficient methodological maturity to provide substantial evidence about such representations. We argue that evidence from speakers' tendency to repeat their own and others' structural choices supports a linguistic architecture involving a single shallow level of syntax connected to a semantic level containing information about quantification, thematic relations, and information structure, as well as to a phonological level. Many of the linguistic distinctions often used to support complex syntactic structure are instead captured by semantics; however, the syntactic level includes some specification of “missing” elements that are not realized at the phonological level. We also show that structural priming provides evidence about the consistency of representations across languages and about language development. In sum, we propose that structural priming provides a new basis for understanding the nature of language. (shrink)

Currently, production and comprehension are regarded as quite distinct in accounts of language processing. In rejecting this dichotomy, we instead assert that producing and understanding are interwoven, and that this interweaving is what enables people to predict themselves and each other. We start by noting that production and comprehension are forms of action and action perception. We then consider the evidence for interweaving in action, action perception, and joint action, and explain such evidence in terms of prediction. Specifically, we assume (...) that actors construct forward models of their actions before they execute those actions, and that perceivers of others' actions covertly imitate those actions, then construct forward models of those actions. We use these accounts of action, action perception, and joint action to develop accounts of production, comprehension, and interactive language. Importantly, they incorporate well-defined levels of linguistic representation. We show how speakers and comprehenders use covert imitation and forward modeling to make predictions at these levels of representation, how they interweave production and comprehension processes, and how they use these predictions to monitor the upcoming utterances. We show how these accounts explain a range of behavioral and neuroscientific data on language processing and discuss some of the implications of our proposal. (shrink)

Traditional mechanistic accounts of language processing derive almost entirely from the study of monologue. Yet, the most natural and basic form of language use is dialogue. As a result, these accounts may only offer limited theories of the mechanisms that underlie language processing in general. We propose a mechanistic account of dialogue, the interactive alignment account, and use it to derive a number of predictions about basic language processes. The account assumes that, in dialogue, the linguistic representations employed by the (...) interlocutors become aligned at many levels, as a result of a largely automatic process. This process greatly simplifies production and comprehension in dialogue. After considering the evidence for the interactive alignment model, we concentrate on three aspects of processing that follow from it. It makes use of a simple interactive inference mechanism, enables the development of local dialogue routines that greatly simplify language processing, and explains the origins of self-monitoring in production. We consider the need for a grammatical framework that is designed to deal with language in dialogue rather than monologue, and discuss a range of implications of the account. Key Words: common ground; dialogue; dialogue routines; language comprehension; language production; monitoring; perception-behavior link. (shrink)

Dialog is a joint action at different levels. At the highest level, the goal of interlocutors is to align their mental representations. This emerges from joint activity at lower levels, both concerned with linguistic decisions (e.g., choice of words) and nonlinguistic processes (e.g., alignment of posture or speech rate). Because of the high‐level goal, the interlocutors are particularly concerned with close coupling at these lower levels. As we illustrate with examples, this means that imitation and entrainment are particularly pronounced during (...) interactive communication. We then argue that the mechanisms underlying such processes involve covert imitation of interlocutors’ communicative behavior, leading to emulation of their expected behavior. In other words, communication provides a very good example of predictive emulation, in a way that leads to successful joint activity. (shrink)

When considering the introduction of AI to support medical decision-making, one must take an end-to-end, holistic approach to development, evaluation, integration and governance. (Cabitza and Zeito...

Humor is pervasive in contemporary culture, and is generally celebrated as a public good. Yet there are times when it is felt to produce intolerance, misunderstanding or even hatred. This book brings together, for the first time, contributions that consider the ethics as well as the aesthetics of humor. The book focuses on the abuses and limits of humor, some of which excite considerable social tension and controversy. Beyond a Joke is an exciting intervention, full of challenging questions and issues.

Because autonomy is regarded as central to modern bioethics; there is a considerable focus on the criteria by which autonomy may be judged. The most significant criterion used in day-to-day practic...

From infancy, we recognize that labels denote category membership and help us to identify the critical features that objects within a category share. Labels not only reflect how we categorize, but also allow us to communicate and share categories with others. Given the special status of labels as markers of category membership, do novel labels (i.e., non‐words) affect the way in which adults select dimensions for categorization in unsupervised settings? Additionally, is the purpose of this effect primarily coordinative (i.e., do (...) labels promote shared understanding of how we categorize objects)? To address this, we conducted two experiments in which participants individually categorized images of mountains with or without novel labels, and with or without a goal of coordination, within a non‐communicative paradigm. People who sorted items with novel labels had more similar categories than people who sorted without labels only when they were told that their categories should make sense to other people, and not otherwise. We argue that sorters' goals determine whether novel labels promote the development of socially coherent categories. (shrink)