Anlässlich des 75-jährigen Jubiläums der Zeitschrift »Psyche« skizziert der Beitrag einen Überblick über die Geschichte seit ihrer Gründung 1947. Dargestellt und reflektiert werden einige der personellen Besonderheiten wie auch Debatten, die zum einen in der Zeitschrift geführt, zum anderen von der Zeitschrift angestoßen wurden.

PHILOSOPHERS have a patrimony of ninety generations or so of philosophical experience. Collingwood's plea that we take this cumulative legacy seriously I am disposed to repeat. Philosophical experience rewards the labor of philosophic thought quite as geological experience rewards the labor of geological thought, and mathematical experience that of mathematical thought. Philosophical experience brings to light the categories and categorial order. It thus makes its contribution to interscientific meaning, which is the distinction and mark of philosophy among the sciences. Think (...) of it as a hard-won richesse, a communal fund, to which multitudes of our predecessors have added and upon which they have drawn, as we now are professionally qualified to do. So viewed, philosophical experience records a communal venture, an itinerarium mentis, towards system and categorial coherence. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule (...) of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations. (shrink)

Most simply stated, the business of Metaphysics is to understand the world, that is to say, the given world which, as given, is one stupendous Fact. This is something more than describing the world. Description, accurate and adequate, is the business of science: understanding the world is making sense of it--a quite different matter. That there is such a task implies that the world does not wear its sense on its sleeve: it presents much that seems nonsense, much that seems (...) anti-sense or what some of our French comrades call absurdity. It is precisely this refusal to make sense that is embodied in the concept of Fact. (shrink)

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik (...) Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

The subjective experience of being an artist was examined using interpretative phenomenological analysis (IPA), focusing on the perspective of the artist but interpreted by me, a psychologist, from the perspective of artistic collaborator. Building upon a literature that has hitherto focused on clinical, elderly, or vulnerable participants, I interpreted superordinate themes of Process (Constraint, Playfulness, Movement) and Identity (The Ill-Defined Artist, Becoming, Mixing Identities, Choosing an Identity, Calling, Collaboration and Outsider). These themes are broadly similar to the existing literature, but (...) emphasise identity while de-emphasising self reflection and the need to become an ‘insider’. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

Relational agency is pivotal for understanding how language teachers seek and utilize relational resources in different contexts and grow to be agents of change amid various educational challenges. This study explored how three university teachers of Chinese as a second language enacted their relational agency to enhance their research capacity and sustain their professional development. Data on their personal network development was collected through concentric circle interviews, life-history interviews and written reflections over three months. Thematic analysis was adopted for iterative (...) coding and interpretation of the data. The findings revealed that teachers’ personal networks provided them with value guidance, emotional support and academic support, which exerted differential levels of impact on them to make agentic choices and actions. The study suggests that personal network analysis may serve as a suitable theoretical lens to achieve a multi-layered understanding of relational agency. The study also calls for more efforts to create learning opportunities and spaces in the relational context for teachers to build their career as agentic academics in language teacher education and development programs. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister's formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. © Springer Science + Business Media B.V. 2009. (shrink)

Thought is occupied as a rule with a stuff which is not thought. What could thinking mean without a topic, a grist as from outside ordinarily supplied by the senses? As cognitive beings we can have no quarrel with the supply--we accept; as practical beings we never simply accept. The gibe of Marx, that philosophy reflects on the world whereas the task is to change it, does but describe the daily program of everyman. Only, to alter fact is not to (...) escape fact. The degree to which fact is alterable, and by us, is itself a fact. Our problem is this unremoved enveloping factuality, the cosmic web into which all our struggling, shattering, reshaping more deeply enmesh us. What if anything our philosophies do with fact is today the chief test of their grasp of their proper business. (shrink)

For--whatever our eventual sphere of control--the realm of fact is there first and always for our docility. Observ- ing is mental submission. Bacon is right: to master nature we must first obey her. Facts are to be received, learned, set in order: but who will say they are to be understood? They cannot be deduced: they are what they are. Here we meet the problem of these lectures. If man is to fathom his destiny, not to say guide it, must (...) his thinking not penetrate world fact as well as world law? And is this possible? (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. (shrink)

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native title (...) to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

Using a paradigm that allows a quasi-continuous tracking of memory performance over time, two experiments were designed to test the hypotheses that persons with a cognitively avoidant style of coping with threat manifest a dissociation between short-term and long-term retrieval of aversive information and persons with a vigilant coping style recall aversive information particularly well after long retention intervals, provided they are free to think about aversive events. Study 1 showed that avoiders manifest a poor memory for aversive pictures after (...) long retention intervals only. Study 2 replicated this finding. In addition, manipulation of the cognitive load during the retention interval influenced vigilants’ recall of aversive information in the predicted way. Results indicate that processes occurring during the retention interval are essential for individual difference in memory for aversive information and require similar attention as encoding, appraisal, and retrieval processes. (shrink)

Using lens- and time-based media — photography and very still moving image — the artistic research practice presented here as ‘phenomenological notes’ aims to bring to the foreground that which might be familiar and is easily overlooked. The presupposed perception of the phenomenon of nature is destabilized and put into question through a process of lens-based durational observation, stretching that which is thought to be known, allowing for the opening of other understandings of nature to emerge. The aim is for (...) these phenomena to be re-seen through closely engaging with what surrounds us and through a process of elongated looking that leads to different modes of seeing and recollecting. The practice itself comprises two distinct, seemingly opposed but interdependent parts of the overall making process: one foregoes the other which is essential for the other one to evolve. These parts are referred to as modes of attention. The first mode of attention demonstrates a more active form of being in a space: the artist actively moves, seeks, and collects. Following on from this, a less active mode is taken up: the artist becomes more receptive, lets the world reveal and unfold itself in front of the lens. The three pieces of work presented — Stille Fragmente, Leaves, Ice melting — give expression to these two modes of attention, and also show how the work has evolved throughout ‘time’. As the work has developed, the process of looking has become more and more distilled, lending more attention to the idea of duration, a concept that might be somewhat contentious to discuss via a medium so clearly associated with clock-time. The decision has been made to trust the agencies of the artifacts themselves produced by this process: not to explain but to frame the phenomenon, to destabilize the pre-established understanding of the phenomenon of nature. (shrink)

Human–wildlife interactions have existed for thousands of years, however as human populations increase and human impact on natural ecosystems becomes more intensive, both parties are increasingly being forced to compete for resources vital to both. Humans can value wildlife in many contexts promoting coexistence, while in other situations, such as crop-raiding, wildlife conflicts with the interests of people. As our closest phylogenetic relatives, chimpanzees in particular occupy a special importance in terms of their complex social and cultural relationship with humans. (...) A case study is presented that focuses on the Bossou chimpanzees’ perspective of their habitat in the Republic of Guinea, West Africa, by highlighting the risks and opportunities presented by a human-dominated landscape, and detailing their day-to-day coexistence with humans. Understanding how rural people perceive chimpanzees and how chimpanzees adapt to living in anthropogenic environments will enhance our understanding of how people-wildlife interactions develop into situations of conflict and therefore can generate sustainable solutions to prevent or mitigate situations of conflict. (shrink)

In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co‐exist. Drawing on themes of self‐determination and co‐existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications of (...) that for land, sea and resource management. Central to this analysis are competing theories of Aboriginal land management and links between Aboriginal traditional knowledge and conservation of species. These are illustrated through the marine mammal, the dugong. The Australian debates lead to the Canadian debates and then to Scandinavia and the role of the Sami people in protection and management of the Arctic region. Issues of indigenous self determination inevitably provide an overall theme to these discussions. As a matter of global concern, the paper asks, but does not decide, whether indigenous peoples may manage fragile eco‐systems more effectively than outsiders. It maintains that what is important in this context is a broader question. This concerns how culturally inclusive land and resource management can emerge from recognition of indigenous land and human rights and how comparative developments can provide crucial cross‐jurisdictional information for future developments and opportunities in the interests of environmental conservation. (shrink)

Featuring an impressive roster of contributors, this book will serve as a bold and irreplaceable source of information for legal scholars, lawyers, and ...

The belief that genomics requires rethinking the ‘social contract’ to realize its potential has received backing from leading figures within bioethics. The case for a new social contract is anchored in notions of solidarity, altruism or the common good. But national genome sequencing is playing out against a backdrop of greatly increased involvement, and investment, of governments in their life science sectors – creating a sort of international race to drive innovation, stimulate growth, and create the most competitive life science (...) sectors. Recent developments in the UK suggest this agenda is detrimental to openness and transparency, as well as independent oversight, and meaningful public consultation. These aspects of governance, I argue, should be reconceived as part of the requirements of good governance. Further, a new social contract should involve a commitment by government, and industry, to educate the public about life science – and should be extended to life science more generally. (shrink)

Although living conditions have improved throughout history, protest, at least in the last few decades, seems to have increased to the point of becoming a normal phenomenon in modern societies. Contributors to this volume examine how and why this is the case and argue that although problems such as poverty, hunger, and violations of democratic rights may have been reduced in advanced Western societies, a variety of other problems and opportunities have emerged and multiplied the reasons and possibilities for protest.

This collection brings together fourteen contributions by authors from around the globe. Each of the contributions engages with questions about how local and global bioethical issues are made to be comparable, in the hope of redressing basic needs and demands for justice. These works demonstrate the significant conceptual contributions that can be made through feminists' attention to debates in a range of interrelated fields, especially as they formulate appropriate responses to developments in medical technology, global economics, population shifts, and poverty.

This research explored the feasibility of using multidimensional scaling (MDS) analysis in novel combination with other techniques to study comprehension of epistemic adverbs expressing doubt and certainty (e.g., evidently, obviously, probably ) as they relate to health communication in clinical settings. In Study 1, Australian English speakers performed a dissimilarity-rating task with sentence pairs containing the target stimuli, presented as “doctors' opinions.” Ratings were analyzed using a combination of cultural consensus analysis (factor analysis across participants), weighted-data classical-MDS, and cluster analysis. (...) Analyses revealed strong within-community consistency for a 3-dimensional semantic space solution that took into account individual differences, strong statistical acceptability of the MDS results in terms of stress and explained variance, and semantic configurations that were interpretable in terms of linguistic analyses of the target adverbs. The results confirmed the feasibility of using MDS in this context. Study 2 replicated the results with Canadian English speakers on the same task. Semantic analyses and stress decomposition analysis were performed on the Australian and Canadian data sets, revealing similarities and differences between the two groups. Overall, the results support using MDS to study comprehension of words critical for health communication, including in future studies, for example, second language speaking patients and/or practitioners. More broadly, the results indicate that the techniques described should be promising for comprehension studies in many communicative domains, in both clinical settings and beyond, and including those targeting other aspects of language and focusing on comparisons across different speech communities. (shrink)

heories of embodied cognition (e.g., Perceptual Symbol Systems Theory; Barsalou, 1999, 2009) suggest that modality specific simulations underlie the representation of concepts. Supporting evidence comes from modality switch costs: participants are slower to verify a property in one modality (e.g., auditory, BLENDER-loud) after verifying a property in a different modality (e.g., gustatory, CRANBERRIES-tart) compared to the same modality (e.g., LEAVES-rustling, Pecher et al., 2003). Similarly, modality switching costs lead to a modulation of the N400 effect in event-related potentials (ERPs; Collins (...) et al., 2011; Hald et al., 2011). This effect of modality switching has also been shown to interact with the veracity of the sentence (Hald et al., 2011). The current ERP study further explores the role of modality match/mismatch on the processing of veracity as well as negation (sentences containing “not”). Our results indicate a modulation in the ERP based on modality and veracity, plus an interaction. The evidence supports the idea that modality specific simula- tions occur during language processing, and furthermore suggest that these simulations alter the processing of negation. (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. Such (...) clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Drinking Rules! Byron and BaudelaireJoshua Wilner (bio)This essay 1 takes up two nineteenth-century texts on the theme of intoxication in which the poetic word can no longer, if it ever could, stably figure itself as the metaphoric other of the drug, that is, as a legitimate means of imaginative transport, and in which the writer’s enthrallment by the transporting substance of words shows us its addictive and, one might (...) say, prosaic face.The first of these pieces is a pair of stanzas from Canto II of Byron’s Don Juan, the other, Baudelaire’s brief prose poem “Enivrez-vous,” pieces that Jean Pommier [341] and, following Pommier, Robert Kopp [314–15] have suggested may be connected, though neither reader enters into much more detail than to note that both bits of writing, in Kopp’s words, “chant[e] l’ivresse.” Now the praise of drunkenness is of course a poetic commonplace, and the mere fact of its appearance in these two bits of text argues about as intimate a bond of kinship as that involved in pointing out that you and I are both Noah’s children. But there are, I would argue, compelling reasons for looking at these pieces in relation to one another and to which I believe Pommier was responding.That Byron mattered to Baudelaire is attested to by a number of references scattered throughout the latter’s work and letters, references which, while faulting Byron for garrulousness, praise him for having the thing that makes poets: “une diabolique personnalité” [OC 2: 232]. Perhaps the most interesting of these references occurs in a well-known letter that Baudelaire wrote to his mother in July 1857, shortly after Les fleurs du mal had been published and while the storm of controversy that was to culminate in the prosecution and expurgation of the collection for obscenity was rapidly gathering:On me refuse tout, l’esprit d’invention et même la connaissance de la langue française. Je me moque de tous ces imbéciles, et je sais que ce volume, avec ses qualités et ses défauts, fera son chemin dans la mémoire du public lettré, à côté des meilleurs poésies de V. Hugo, de Th. Gautier et même de Byron.[CP 1: 411][They deny me everything, the spirit of invention and even knowledge of the French language. I could care less about all these imbeciles, and I know that this volume, with its qualities and its faults, will make its way in the memory of the [End Page 34] lettered public, along with the best poetry of V. Hugo, of Th. Gautier, and even of Byron.]The pride of place Baudelaire reserves for Byron in this list was somewhat dated even in its time 2 and odd in other ways, especially given the more qualified expressions of admiration we meet elsewhere in his writings. But it becomes more understandable if one considers that for Baudelaire’s mother, who was of Byron’s generation and had early ties to England 3 (in fact, she apparently taught Charles English during his childhood [E. Crépet 30], making it, strangely enough, part of his “mother tongue”), Byron’s would have been the emblematic case of a writer for whom a reputation for depravity was overtaken by poetic honor, perhaps at the cost of his death in a noble cause.Apart from this evidence of a felt affinity, there are specific formal grounds for associating the two pieces. Since they are fairly brief, allow me first of all to cite them both. Here are the stanzas from Canto II of Don Juan: 179 Man, being reasonable, must get drunk; The best of life is but intoxication: Glory, the grape, love, gold, in these are sunk The hopes of all men, and of every nation; Without their sap, how branchless were the trunk Of life’s strange tree, so fruitful on occasion! But to return, - Get very drunk; and when You wake with head-ache, you shall see what then. 180 Ring for your valet - bid him quickly bring Some hock and soda-water, then you’ll know A pleasure worthy Xerxes the... (shrink)

Purpose– The purpose of this paper is to review the digital piracy literature and present the positive impacts of digital piracy and its benefit to businesses. A great deal of the literature discusses the consequences of digital piracy, but, in most cases, the focus is on the negative consequences.Design/methodology/approach– The authors draw on both the theoretical and empirical academic literature on digital piracy so as to analyze the ways in which digital piracy positively contributes to digital businesses.Findings– The paper provides (...) information on the positive consequences of digital piracy and demonstrates that the benefits include product diffusion, network externality, innovation, cost reduction, an effective promotional and publicity vehicle, and technology standardization.Originality/value– This paper investigates potential benefits of digital piracy and provides insights which may offer a fuller picture of the consequences of digital piracy. (shrink)

These essays were delivered at the Fourth East-West Philosophers conference at the University of Hawaii in 1964. Because the audience was of various traditions, most of the papers contain instruction in rudiments as well as points of more technical interest. The oriental speakers especially take pains not to spring their special terminology on the western listener. The book systematically and thoroughly works through the themes of the individual in Chinese, Indian, Japanese, and western metaphysics, methodology, religion, and ethics. Social, political, (...) and legal thought and practice are also covered. Some of the papers are followed by transcripts of questions and answers. These are often very helpful and revealing as they focus the issues and require the speaker to be specific in summarizing his points. Altogether there are thirty-three contributors, only a minority of whom are westerners. These include: Charles Moore, Wm. E. Hocking, H. E. McCarthy, John Smith, W. H. Werkmeister, E. W. Strong, R. Polin, and R. McKeon. Again and again both East and West stressed the interconnection and interdependence of the individual and the universal, the individual and the community. There is an appendix containing the conference's public lectures, which were given by S. M. McMurrin, C. Regamey, and D. T. Suzuki. The book and the conference end with Moore citing highlights and provocative points from virtually all the lectures. This provides a useful summary and synthesis of what would otherwise be an overwhelming deluge of intellection. There are notes on contributors and an index.--S. O. H. (shrink)

This study aims to reveal the Turkish religious music practices of Jawharism, a sect based on Qadiri and Rifai, founded in Bagcilar, Istanbul. The historical process of the establishment of Jawharism was firstly mentioned, and then the musical activities of the "Association for the Promotion and Sustenance of Sufi Music and Culture", which enabled it to spread in a cultural sense, were discussed. As a result of archives, interviews and observations, the relationship of Jawharism with music was determined, the types (...) of music performed in the dhikr and the compositions belonging to the lodge were identified. In addition, through the sound recordings and note archives obtained as a result of the research, the works specific to the lodge were arranged and notated, and it was aimed to introduce the Turkish religious music repertoire to new works. Genres such as salawat, imamet, tasbihât, istighfar, taravih composition, odes and hymns are performed in the lodge, and especially the compositions of salawats and tasbihâts in the maqam of uşşak, rast, hicaz and segah are sung specifically for the lodge. Meşk evenings are also organized and many hymns, suğl, tevşih, nefes, mersiye, etc. are practiced. Composed genres are performed. The problem of this study is, is the relationship between dhikr and music of Jawharism compatible? How is the statues of Jawharism in Turkish religious music?, Qualitative research methods such as source scanning, data collection, sampling, comparison and citing sources were used in our study determined as a method. We can express the importance of this study as the importance of Jawharism's relationship with music, as it used music effectively and trained many musicians and composers. (shrink)

William Ernest Hocking was an American philosopher as comfortable with the categories of fact and experience as with those of reason and idea; one optimistic and self-reliant as his Midwest background suggests who also both in travel and spirit was at home in India and the East. In fact, he believed that an adequate metaphysics or theory of knowledge would be one that contained, as did his own, elements of Eastern mysticism and Western realism. His conception of the self also (...) contains elements of both traditions. Because of this combination of elements and also because of the manner in which he combined them, his position deserves more consideration than it is generally accorded. In various of his writings Hocking described three different but interrelated conceptions of the self. In his own terminology, the self is a “field of fields,” a “reflective-excursive system,” and a “will to reality.” The aim of this paper, then, will be to summarize and relate these conceptions, with a view also to making visible certain realistic and mystic, certain Western and Eastern, elements in these conceptions. (shrink)

This essay analyzes possible affinities and differences between William Ernest Hocking and Edmund Husserl in relation to the topic of solipsism and with particular emphasis on how it is that we encounter other minds in experience. Before comparing Hocking’s and Husserl’s ideas around such topics, the essay provides a brief reconstruction of William James’s and Josiah Royce’s engagement with them as a way of explaining why Hocking had a fascination for the question of how and under what methodological conditions other (...) selves are experienced. The aim is to highlight in what ways Hocking can be considered a phenomenological thinker. This overall approach should also facilitate a deeper understanding of where the limits of Husserl’s Ideas II and Fifth Meditation are and why Hocking’s views are relevant to the phenomenological investigation of the experience of minds other than our own. (shrink)

I attempt a thorough delineation of hocking's multiangular argument, and historically trace its genis to sources in james and royce. i argue that royce's logic of triadic relations shows the james-hocking to be untenable, and that hocking's version of intersubjectivity must be taken as an expression of tacit or autobiographical knowledge.

In common law jurisdictions, legal professionals cite facts and legal principles from precedent cases to support their arguments before the court for their intended outcome in a current case. This practice stems from the doctrine of stare decisis, where cases that have similar facts should receive similar decisions with respect to the principles. It is essential for legal professionals to identify such facts and principles in precedent cases, though this is a highly time intensive task. In this paper, we (...) present studies that demonstrate that human annotators can achieve reasonable agreement on which sentences in legal judgements contain cited facts and principles. We further demonstrate that it is feasible to automatically annotate sentences containing such legal facts and principles in a supervised machine learning framework based on linguistic features, reporting per category precision and recall figures of between 0.79 and 0.89 for classifying sentences in legal judgements as cited facts, principles or neither using a Bayesian classifier, with an overall κ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\kappa$$\end{document} of 0.72 with the human-annotated gold standard. (shrink)

In their classic, Principles of Biomedical Ethics (now in its fifth edition), Beauchamp and Childress, describe a puzzling case: A man who generally exhibits normal behavior patterns is involuntarily committed to a mental institution as the result of bizarre self-destructive behavior (pulling out an eye and cutting off a hand). This behavior results from his unusual religious beliefs. … [H]is peculiar actions follow “reasonably” from his religious beliefs. …While analysis in terms of limited competence might at first appear plausible, such (...) an analysis entails that persons with unorthodox or bizarre religious beliefs are less than competent, even if they reason clearly in light of their beliefs. (shrink)

William Ernest Hocking has been described as “the people’s philosopher,” “the last of the Golden Age of American philosophy,” and “the dean of American philosophers.” These labels reflect something of the sensitivity of the man and the magnitude of his achievements. Hocking’s own words illustrate the appropriateness of the diverse labels. “Philosophy is the common man’s business,” he once remarked, “and until it reaches the common man and answers his questions it is not doing its duty.” “Philosophic thinking, stirred to (...) the depths by catastrophic events on a worldscale, has become a public concern in a new sense. The rise of clearmarked ideologies, undertaking to align men in vast numbers behind a constellation of points-of-view which it would be unfair to call philosophies—unfair to philosophy, I mean—yet with philosophical groundwork, has compelled men the world over to take issues of truth with renewed seriousness.” But, the other two labels apply with equal force. Hocking was the last representative of the Golden Age of American philosophy. In a manner that is quite unfashionable, he dealt with the grand intellectual themes that have traditionally occupied those who love wisdom: the nature of man, the meaning of life and death, and God. Gabriel Marcel refers to Hocking as “a man who, through the visible world, has never ceased to have the presentment of what is eternal.” His fellow philosophers, however bent on other concerns, would find it difficult to overlook his achievements. Hocking published seventeen books and two hundred seventy essays and delivered the prized Gifford and Hibbert Lectures. It is in part at least for such achievements that he is called the “dean of American philosophers.”. (shrink)

In this essay I want to take some metaphors seriously. I want to push at their limits and ask whether this exercise can help us think differently about photographs and their relationship to what they depict. (Should it be ‘what they depict’ or ‘what they are seen as depicting’? The choice of phrasing depends on theoretical position: is depiction inherent in the image, or is it seen by the viewer?). The moel of citationality based on Cadava’s work is developed by (...) exploring in more detail the variety of bibliographic ciataions. (shrink)