Waging war for money has been frowned upon since the Peace of Westphalia and the rise of the modern nation-state. The stigma associated with private warfare translates, in legal terms, into a prohibition on mercenary activity and denying mercenaries the protection afforded to regular combatants . Noting the apparent similarities between mercenaries and private military contractors, some have sought to extend to the latter the restrictive regime applicable to the former. But the resemblance between these two types of actors should (...) not imply that private warfare, in its modern form, is condemnable outright. This Article argues that an inclusive approach to military outsourcing—drawing upon historical, legal and moral perspectives—is necessary to contend with the challenges raised by the growth of the private military industry. I examine the connection between history , morality , and law , to show that private warfare deserves a more nuanced and pragmatic treatment under international law. (shrink)

The article presents the argument that administrative decision-making should be understood as devoted to balancing between conflicting interests of individuals or groups, usually when none of the affected parties has predefined legal rights that are relevant to the substantial content of the administrative decision. Administrative decisions often have a direct effect not only on human and civil rights issues, but also on matters bearing on the quality of life, living conditions, prices of regulated products, and the allocation of government funds. (...) Since the decision as to which interest should prevail in the conflict is a distributive one and has many possible answers, the role of administrative law is primarily to ensure that these decisions are made fairly, with due weight given to the conflicting interests of the various groups and individuals involved. With this as background, the article shows how the doctrines of positive administrative law are designed to meet the challenge of coping with conflicting interests in the administrative decision-making process, using such examples as the prohibitions against decision-makers’ conflicts of interest and the rules regarding interest representation and judicial review. In the second part, the article applies the interest perspective to the administrative decision-making process in order to analyze the highly extensive regulation of land resources in Israel. The analysis concentrates on the Israeli Supreme Court decision in one of the most controversial petitions brought before it: against administrative decisions on the development of formerly agricultural lands. (shrink)

Imprisonment calls into question the institutionalized violence of the state and its organs. It touches on the very core of the meaning of state sovereignty and concerns one of the most disempowered groups of society: indicted criminals. Therefore, privatization of prisons signals the willingness to apply privatization policies almost with no limitations. Private prisons have become a known phenomenon in many countries. After the debate on this issue seemed to lose its pragmatic value—in contrast to its importance on the theoretical (...) level—privatization of prisons reemerged as an issue of legal debate due to the Israeli Supreme Court decision that declared a law authorizing the establishment of a private prison unconstitutional. The following analysis evaluates this decision using it as a microcosm for studying the role of law in regulating privatization policies. The Article starts by studying the full range of privatization policies, in order to offer an analysis that would be relevant also to other cases along the privatization spectrum. It then challenges the traditional premise of public law that the move to privatization is merely a matter of policy and not of law. More concretely, the Article offers an analysis based upon distinguishing among three distinct spheres of discussion: the boundaries of privatization, the privatization process, and the regulation of privatized actions. This model of analysis is then applied to the case-study of prison privatization as decided by the Israeli Supreme Court. (shrink)

When people lose capacity to make a medical decision, the standard is to assess what their preferences would have been and try to honor their wishes. Dementia raises a special case in such situations, given its long, progressive trajectory during which others must make substituted judgments. The question of how to help surrogates make better‐informed decisions has led to the development of dementia‐specific advance directives, in which people are given tools to help them communicate what their preferences are while they (...) are still able. Such directives allow the perspective of the person to play a clearer role in guiding decisions about their care. Dementia directives can never serve as rigid algorithms. Rather, they can be used to help inform conversations, to help surrogates make decisions that are better aligned with the preferences the person would have had. This essay lays out the proposed utility of dementia‐specific directives and addresses some of the criticisms raised about them. (shrink)

Taking steps to build a more dementia‐friendly society is essential for addressing the needs of people experiencing dementia. Initiatives that improve the quality of life for those living with dementia are needed to lessen controllable factors that can negatively influence how people envision a future trajectory of dementia for themselves. Programs that provide better funding and better coordination for care support would lessen caregiver burden and make it more possible to imagine more people being able to live what they might (...) consider a “good life” with dementia. Specific proposals, such as payment for dementia care managers and new systems to support high‐quality, symptom‐based palliative care beyond the hospice benefit of only six months, would improve and reframe how many people in the United States experience a dementia illness. Such changes should be incorporated into discussions about improving and respecting preferences in the later stages of dementia. (shrink)

In this paper, I argue for a particular conception of impossible worlds. Possible worlds, as traditionally understood, can be used in the analysis of propositions, the content of belief, the truth of counterfactuals, and so on. Yet possible worlds are not capable of differentiating propositions that are necessarily equivalent, making sense of the beliefs of agents who are not ideally rational, or giving truth values to counterfactuals with necessarily false antecedents. The addition of impossible worlds addresses these issues. The kinds (...) of impossible worlds capable of performing this task are not mysterious sui generis entities, but sets of structured propositions that are themselves constructed out of possible worlds and relations. I also respond to a worry that these impossible worlds are unable to represent claims about the shape of modal space itself. (shrink)

This paper examines how scientific understanding is enhanced by virtual entities, focusing on the case of the synthetic cell. Comparing it to other virtual entities and environments in science, we argue that the synthetic cell has a virtual dimension, in that it is functionally similar to living cells, though it does not mimic any particular naturally evolved cell (nor is it constructed to do so). In being cell-like at most, the synthetic cell is akin to many other virtual objects as (...) it is selective and only partially implemented. However, there is one important difference: it is constructed by using the same materials and, to some extent, the same kind of processes as its natural counterparts. In contrast to virtual reality, especially to that of digital entities and environments, the details of its implementation is what matters for the scientific understanding generated by the synthetic cell. We conclude by arguing for the close connection between the virtual and the artifactual. (shrink)

Counterpossibles are counterfactuals with necessarily false antecedents. The problem of counterpossibles is easiest to state within the "nearest possible world" framework for counterfactuals: on this approach, a counterfactual is true (roughly) when the consequent is true in the "nearest" possible world where the antecedent is true. Since counterpossibles have necessarily false antecedents, there is no possible world where the antecedent is true. On the approach favored by Lewis, Stalnaker, Williamson, and others, counterpossibles are all trivially true. I introduce several arguments (...) against the trivial approach. First, it is counter-intuitive to think that all counterpossibles are true. Second, if all counterpossibles were true, then we could not make sense of their use in logical, philosophical, or mathematical arguments. Making sense of the role of sentences like these requires that they not have vacuous truth conditions. The account of counterpossibles I ultimately favor is an extension of the "nearest possible world" semantics discussed above. The Lewis/Stalnaker account is supplemented with the addition of impossible worlds, and the nearness metric is extended to range over these impossible worlds as well as possible worlds. Thus, a counterfactual is true when its consequent is true in the nearest world where the antecedent is true; if the counterfactual's antecedent is impossible, then the nearest world in question will be an impossible world. Once the framework of impossible worlds and similarity is in place, we can put it to use in the analysis of other philosophical phenomena. I examine one proposal that makes use of a theory of counterpossibles to develop an analysis of the notion of metaphysical dependence. (shrink)

We explore the computational complexity of justification, stability and relevance in incomplete argumentation frameworks (IAFs). IAFs are abstract argumentation frameworks that encode qualitative uncertainty by distinguishing between certain and uncertain arguments and attacks. These IAFs can be completed by deciding for each uncertain argument or attack whether it is present or absent. Such a completion is an abstract argumentation framework, for which it can be decided which arguments are acceptable under a given semantics. The justification status of an argument in (...) a completion then expresses whether the argument is accepted (in), not accepted because it is attacked by an accepted argument (out) or neither (undec). For a given IAF and certain argument, the justification status of that argument need not be the same in all completions. This is the issue of stability, where an argument is stable if its justification status is the same in all completions. For arguments that are not stable in an IAF, the relevance problem is of interest: which uncertain arguments or attacks should be investigated for the argument to become stable? In this paper, we define justification, stability and relevance for IAFs and provide a complexity analysis for these problems under grounded, complete, preferred and stable semantics. (shrink)

Introducing non-Darwinian mind as a nonaptation I argue that Darwinian mind evolved from non-Darwinian mind through the evolution of desire and aversion. The subject position within Darwinian mind is Darwinian self and is inherently selfish. However the cathexis whereby the subject prioritises motivations of desire and aversion is not an inherent property of mind. Instead it is proposed to be an adaptation, a predisposition to respond to pleasant/unpleasant sensations with desire/aversion. This explains why self-sacrifice and disengagement from desire/aversion are the (...) sine qua non of serious commitment to the spiritual path, i.e. Darwinian self and desire/aversion are two sides of the same coin and erosion of one is erosion of the other. Thus, through self- renunciation and suspension of desire/aversion the seeker passes from adaptive selfish Darwinian mind towards nonaptive selfless non-Darwinian mind. But Darwinian mind automatically resists this transcendence by intensifying motivations of desire/aversion thereby explaining the extreme difficulties of the spiritual path. A theoretical distinction is made between evolved Darwinian 'morality' , 'Darwinian' morality and amoral non-Darwinian kenosis . These distinctions make it easy to disentangle scientific and religious jurisdictions on morality with important implications for both religious ethics and science's view of spirituality. All in all, the nonaptive theory of spiritual mind offers a unified solution to age-old problems which have been uncomfortably shifting this way and that in the interstices between biology, psychology, theology and philosophy. (shrink)

This Article explores several meanings of a regulatory preference for government inaction. It explains the rise to dominance of this inaction preference in the United States and its distorting influence on the perception and understanding of regulation. Specifically, the Article demonstrates how basic terms in regulation, such as “government failure,” “regulatory capture,” and “deregulation,” acquired misleading connotations suggesting that government inaction is always superior to government action. The Article further explains how, through government inaction, the U.S. legal system accommodates rent (...) extraction - the profitable exploitation of market imperfections and favorable laws. Several developments in recent decades have considerably improved the capacity of very small groups in society to collect rents, namely, use talent and positional advantages to gain increasing levels of earnings. The Article argues that the parallel rise of the inaction preference has contributed to this trend, primarily because the availability of rent extraction opportunities draws talent that utilizes them with growing effectiveness. The purpose of the Article is to clarify several aspects of the relationships between regulation and rent extraction or, more precisely, to emphasize that government inaction may entail undesirable income effects. (shrink)

Introduction to the special issue "Phenomenology and Critique.".

The decades following the civil rights and decolonization movements of the sixties and seventies - termed the post-soul era - created new ways to understand the aesthetics of global racial representation. Daphne Lamothe shows that beginning around 1980 and continuing to the present day, Black literature, art, and music resisted the pull of singular and universal notions of racial identity. Developing the idea of 'Black aesthetic time' - a multipronged theoretical concept that analyzes the ways race and time collide in (...) the process of cultural production - she assesses Black fiction, poetry, and visual and musical texts by Paule Marshall, Zadie Smith, Tracy K. Smith, Dionne Brand, Toyin Ojih Odutola, and Stromae, among others. Lamothe asks how our understanding of Blackness might expand upon viewing racial representation without borders - or, to use her concept, from the permeable, supple place of Black aesthetic time. Lamothe purposefully focuses on texts told from the vantage point of immigrants, migrants, and city dwellers to conceptualize Blackness as a global phenomenon without assuming the universality or homogeneity of racialized experience. In this new way to analyze Black global art, Lamothe foregrounds migratory subjects poised on thresholds between not only old and new worlds, but old and new selves. (shrink)

This chapter provides a review of the hypothesis that synesthetic-like perception is present in infants and toddlers. Infants and very young children exhibit evidence of functional hyperconnectivity between the senses, much of which is reminiscent of the cross-sensory associations observed in synaesthetic adults. As most of these cross-sensory correspondances cannot be easily explained by learning, it is likely that these represent natural associations between the senses. In average adults, these 'natural associations' are felt only intuitively rather than explicitly. These observations (...) have led to the proposal of the 'neonatal synaesthesia hypothesis', which purports that all individuals are born synaesthetic, with explicit conscious perception of these natural cross-modal associations dissipating over development in typical individuals. This dissipation is likely the result of experience-dependent synaptic pruning and/or inhibition of cross-sensory neural connections. At the same time, cross-modal associations matching those common in the environment might be assumed to be learned. This hypothesis is re-evaluated in light of recent research findings, and is examined in the context of current evolutionary models of neuronal recycling and emerging evidence of longitudinal changes in children with synaesthesia. (shrink)

Mental health-care clinicians report that they hold patients responsible for morally objectionable behaviour but at the same time consider blaming attitudes to be inappropriate. These practices present a conundrum for all Strawsonian theories of responsibility. In response to this conundrum, Pickard has proposed severing the Strawsonian connection between being responsible and being an appropriate target of blaming attitudes. In this article I will argue that her solution fails to explain the practices at stake and provide an alternative solution that uncovers (...) an under-theorized stance we take towards those whose abilities are underdeveloped or compromised. (shrink)

While Medical-Legal Partnerships (MLPs) have improved the health and well-being of the people they serve, most healthcare institutions will only invest in an MLP if they are convinced that doing so will improve its balance sheet. This article offers a detailed estimation of the cost savings that an MLP targeted toward the most acute legal needs would accrue to an academic medical center (AMC) in North Carolina.

In their article on the limited duty to reinterpret genetic variants, Watts and Newson argue that clinical labs are not morally obligated to conduct routine reinterpretation despite its potential clinical and personal value.1 We endorse the authors’ argument for a circumscribed duty to reclassify genomic variants in certain cases, including to promote diagnostic equity for racial and ethnic minority populations that have been historically excluded from and exploited by genomic research and medicine. However, given the history and resilience of scientific (...) racism, the use of socially constructed racial and ethnic categories to enhance diagnostic equity raises several ethical and practical challenges. In the short term, using socially constructed racial and ethnic categories to identify patients for variant reclassification is a practical approach for addressing concerns of diagnostic equity. In contrast, diagnostic accuracy depends on patients’ genetic similarity to reference genomes, rather than their socially determined race or ethnicity.2 Thus, in the long term, securing both diagnostic equity and diagnostic accuracy through targeted variant reclassification will require a shift away from relying on race and ethnicity and towards assessing genetic similarity. Critically, the identification of patients for genomic variant reclassification using socially constructed race or ethnicity runs the risk of perpetuating the harmful …. (shrink)

Communication and cultivation accounts of responsibility argue that blaming has an important communicative and agency-cultivating function when addressed at someone we consider to be deserving of blame. On these accounts, responsible agents are agents who can understand negative reactive attitudes and are sensitive to their moral-agency cultivating function. In this paper I examine our reproachful engagements with agents whose moral agency is underdeveloped or compromised. I discuss how these engagements compare to blaming on CC accounts and argue reproachful engagements can (...) have an important communicative and agency-cultivating pointe. I then go on to propose an addition to CC-accounts that explains how underdeveloped and compromised agents can be held responsible. I will show how this addition resolves ambiguities in accounts from McKenna, Vargas and McGeer. I conclude the paper by anticipating an objection CC accounts could raise: that reproach and blame are co-extensive. (shrink)

This paper presents the NeoCrawler – a tailor-made webcrawler, which identifies and retrieves neologisms from the Internet and systematically monitors the use of detected neologisms on the web by means of weekly searches. It enables researchers to use the web as a corpus in order to investigate the dynamics of lexical innovation on a large-scale and systematic basis. The NeoCrawler represents an innovative web-mining tool which opens up new opportunities for linguists to tackle a number of unresolved and under-researched issues (...) in the field of lexical innovation. This paper presents the design as well as the most important characteristics of two modules, the Discoverer and the Observer, with regard to the usage-based study of lexical innovation and diffusion. (shrink)

We investigated the automaticity of implicit sequence learning by varying perceptual load in a pure perceptual sequence learning paradigm. Participants responded to the randomly changing identity of a target, while the irrelevant target location was structured. In Experiment 1, the target was presented under low or high perceptual load during training, whereas testing occurred without load. Unexpectedly, no sequence learning was observed. In Experiment 2, perceptual load was introduced during the test phase to determine whether load is required to express (...) perceptual knowledge. Learning itself was unaffected by visuospatial demands, but more learning was expressed under high load test conditions. In Experiment 3, we demonstrated that perceptual load is not required for the acquisition of perceptual sequence knowledge. These findings suggest that perceptual load does not mediate the perceptual sequence learning process itself, supporting the automaticity of implicit learning, but is mandatory for the expression of pure perceptual sequence knowledge. (shrink)

Synthetic biology is often seen as the engineering turn in biology. Philosophically speaking, entities created by synthetic biology, from synthetic cells to xenobots, challenge the ontological divide between the organic and inorganic, as well as between the natural and the artificial. Entities such as synthetic cells can be seen as hybrid or transitory objects, or neo–things. However, what has remained philosophically underexplored so far is the impact these hybrid neo–things will have on (our phenomenological experience of) the living world. By (...) extrapolating from Walter Benjamin’s account of how technological reproducibility affects the aura of art, we embark upon an exploratory inquiry that seeks to fathom how the technological reproducibility of life itself may influence our experience and understanding of the living. We conclude that, much as technologies that enabled reproduction corroded the aura of original artworks (as Benjamin argued), so too will the aura of life be under siege in the era of synthetic lifeforms. This article zooms in on a specific case study, namely the research project Building a Synthetic Cell (BaSyC) and its mission to create a synthetic cell–like entity, as autonomous as possible, focusing on the properties that differentiate organic from synthetic cells. (shrink)

Abstract: In this article, we explore what are ethical forms of holding service users responsible in mental health care contexts. Hanna Pickard has provided an account of how service users should be held responsible for morally wrong or seriously harmful conduct within contexts of mental health care, called the clinical stance. From a clinical stance one holds a person responsible for harm, but refrains from emotionally blaming the person and only considers the person responsible for this conduct in a detached (...) sense. Her account is based on what are considered best practices in the treatment of people with borderline personality disorder and addiction. We ask if this account generalizes across different diagnostic criteria and different clinical contexts. To begin to answer this question, we compare the clinical stance to an account of what are considered best practices in the treatment of service users at a specialized clinic for people with autism spectrum disorder in the Netherlands. We refer to this alternative account as the nurturing stance and highlight relevant similarities and differences between the clinical stance and the nurturing stance. We conclude with suggestions for further research and theorizing. (shrink)

Genes have long been used to validate social inequality. The Genetic Lottery: Why DNA Matters for Social Equality, by Kathryn Paige Harden, attempts not only to reclaim genetic research on human behavior from its eugenic past but also to argue that genetic research can be used to understand and enhance social equality. This review essay illustrates why embracing a political agenda in which genetics matter for social equality will not in practice advance efforts to reduce social inequality. It argues that (...) the points raised in The Genetic Lottery would be important in an alternate world in which structural inequalities have ceased to exist, but not in the world we live in today. (shrink)

This article evaluates communicative approaches to responsibility within the Strawsonian tradition. These approaches consider reactive attitudes to be forms of moral address and consider responsiveness to moral address a condition on responsible agency. The article consists of a critical and a positive part. In the first part, I identify a risk for these theories. They often provide an overly narrow account of how we can communicate with others about perceived moral disregard. I argue that, when read this way, a conversational (...) approach has implausible implications and falls prey to a familiar objection to Strawsonian theory: it would incorporate social injustices inherent to our responsibility practices. In particular, it would affirm ableist attitudes towards autistic individuals, by exempting them as moral agents on the basis of irrelevant criteria. In the second part, I propose an inclusive reading of the communicative approach. This inclusive account steers clear of ableism towards autistic individuals and accommodates diversity. Although it is also derived from our practices and psychologies, it does not incorporate the biases and injustices that are part of those practices, and instead it provides us with a means to criticize them. (shrink)

Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...) holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism. (shrink)

In this paper I provide a forward-looking account of the difference between the responsibility of children and the responsibility of adults. I do so by means of criticizing agency-cultivation accounts of responsibility. According to these accounts, the justification for holding a person to a norm is the cultivation of their moral agency, and children are, just like adults, considered responsible to the extent that they can have their moral agency cultivated in this manner. Like many forward-looking accounts, these accounts claim (...) that the purpose of holding adults to norms is similar to the purpose of holding children to norms. I argue that the justifications for holding adults to norms are different because of the particular ways in which adults can be in moral disagreement with one another, and the consequences that this has. Moral disagreement is relevant to consequentialist accounts because it impacts on whether and how we can secure beneficial outcomes via holding someone to a norm. One of the upshots of this analysis is that the forward-looking justification for holding adults to norms is qualitatively different from how and why we should hold children to norms. (shrink)

Consumers’ engagement in morally-questionable behaviors poses a serious threat to firms. To further the understanding of consumers’ behavior, this study explores the association and conflicts between their ethical and legal judgments. In addition, it examines the way consumers’ judgments depend on their mind-sets and the legal liability criterion of action. In two experiments, participants were asked to judge the ethicality and legality of consumers’ morally-questionable behaviors. Behavior activity and participants’ mind-sets were manipulated. The results show that consumers are more likely (...) to judge a behavior to be legal when they consider it ethical than when they consider it unethical. Nevertheless, conflicts between ethical and legal judgments are prevalent. Furthermore, ethical judgments, legal judgments, and the occurrence of conflicts between them depend on activity and on consumers’ mind-sets. Finally, consumers report uncertainty about the ethicality and legality of a wide range of morally-questionable behaviors. Thus, the results paint a picture of individuals who perceive the law to be often beyond their reach or in conflict with their ethical principles. They portray both ethical and legal judgments as dynamically-changing, subjective, and context-dependent. Theoretical contribution and business applications are discussed. (shrink)

This article explores an issue of some ongoing controversy in Ovidian scholarship: the identity of the anonymous person addressed in the epilogue of the “Tristia”’s third book. The exploration combines an analysis of the text with an examination of salient aspects of Hellenistic and Roman literary culture. These in turn inform a systematic prosopographical reassessment of four hypotheses. Evidence converges in the conclusion that the addressee was likely a high-level library administrator, most probably C. Iulius Hyginus.

At the beginning ofTristia2, a single long apologetic elegy, Ovid struggles with making sense of his continued occupation with poetry, despite the disaster it has brought upon him. In lines 7–8 he broods over Augustus’ displeasure, roused by theArs Amatoria, which led to his reproach. The passage is also sometimes adduced as a reference to the removal of theArsfrom Rome's public libraries.1.

Personal space is the distance that people tend to maintain from others during daily life in a largely unconscious manner. For humans, personal space-related behaviors represent one form of non-verbal social communication, similar to facial expressions and eye contact. Given that the changes in social behavior and experiences that occurred during the COVID-19 pandemic, including “social distancing” and widespread social isolation, may have altered personal space preferences, we investigated this possibility in two independent samples. First, we compared the size of (...) personal space measured before the onset of the pandemic to its size during the pandemic in separate groups of subjects. Personal space size was significantly larger in those assessed during the onset of the pandemic. Lastly, we found that the practice of social distancing and perceived risk of being infected with COVID-19 were linked to this personal space enlargement during the pandemic. Taken together, these findings suggest that personal space boundaries expanded during the COVID-19 pandemic independent of actual infection risk level. As the day-to-day effects of the pandemic subside, personal space preferences may provide one index of recovery from the psychological effects of this crisis. (shrink)

Infants possess only rudimentary face-processing skills, evidence from patients treated for congenital cataract and from monkeys deprived of face input for several months postnatally indicates that this early experience plays a key role in the ultimate development of expert face processing. This article provides evidence that early visual deprivation disrupts some but not all aspects of face processing and that the deficits caused by early visual deprivation are face-specific, but that it is visual deprivation rather than the lack of input (...) from faces per se that causes the deficits to occur. The evidence is placed from visually deprived monkeys and humans into a broader context showing the role of biased experience on the development of expert face processing. (shrink)

This paper analyses policies pertaining to school dress codes which have been formulated recently by all state education bureaucracies in Australia. It examines these policies and their implementation in the context of devolution, the marketisation of schools, and cognate social legislation. In doing so it seeks to understand the textual hiatus between government policy and schooling practices.

According to the tuning-for-criticality theory, the essential role of sleep is to protect the brain from super-critical behaviour. Here we argue that this protective role determines the content of dreams and any apparent relationship to the art of memory is secondary to this.