This paper has its roots in qualitative analysis of accounts produced by an Italian serial killer. Theoretical references are related to symbolic interactionism and its developments in the field of psychology and criminology. The whole contribution is aimed to twofold purposes: A) to provide a set of criteria specifically addressed to study deviant action as system of meanings into two related contexts: the single action itself and the whole life history. According this point, paper introduces the concept of (...) “deviant career” and it explains its development and steps; it also provides some psychological social points of views and contributions that scientific works offers. B) to think about potentialities of accounting interviews as powerful tools in clinical practice and empirical research too.Specifically, we discuss narrative about behaviour and life story as a resource in order to take suggestions about meanings, goals and rules of action. It also suggests something about functions that crime discharges in the whole pathway of one's life. Juridical case analysis, run by means of the software ATLAS.ti, is aimed to demonstrate theoretical reasoning proposed. (shrink)

Causal processes that are technically called deviant or wayward causal chains must be ruled out when analyzing various phenomena, including intentional action, perception, and the operation of causal mechanisms involved in the manifesting of causal powers. Irving Thalberg is incorrect in arguing that this problem does not arise when analyzing intentional action. After criticizing solutions proposed by Christopher Peacocke and David Lewis, I provide a general analysis of non-deviance. In application to intentional action, the account is seen to (...) be preferable to that of Michael H. Robins, and proves to be adequate to rule out what Alfred R. Mele calls cases of tertiary waywardness. (shrink)

Donald Davidson brought to our attention deviant causal chains as a problem for causal theories of action. Consider Davidson's own example: " A climber might want to rid himself of the weight and danger of holding another man on a rope, and he might know that by loosening his hold on the rope he could rid himself of the weight and danger. This belief and want might so unnerve him as to cause him to loosen his hold, and yet (...) it might be the case that he never chose to loosen his hold, nor did he do it intentionally. " The loosening of the hold on the rope is an action, according to a simple causal theory of action earlier developed by Davidson , if we can describe it in a way that renders it intentional under that description. Is there a way of describing the climber's loosening of his hold of the rope as intentional? Did he intentionally loosen his hold? Well, his loosening his hold is both rationalized and explained causally with reference to the beliefs and desires held by the climber. But there seems to be something wrong with the causal chain.Is there a simple fix? Could we not say that even if the loosening of the hold on the rope is caused by a desire held by the climber it is not caused by any proximate desire of the climber ? Or, to give a new twist to this well-known argument, could we not say that the loosening of the hold on the rope is not caused in a way that is responsive to the desire? This latter idea has recently been suggested by Markus E. Schlosser as a simple solution to the …. (shrink)

Causal processes that are technically called deviant or wayward causal chains must be ruled out when analyzing various phenomena, including intentional action, perception, and the operation of causal mechanisms involved in the manifesting of causal powers. Irving Thalberg is incorrect in arguing that this problem does not arise when analyzing intentional action. After criticizing solutions proposed by Christopher Peacocke and David Lewis, I provide a general analysis of non-deviance. In application to intentional action, the account is seen to (...) be preferable to that of Michael H. Robins, and proves to be adequate to rule out what Alfred R. Mele calls cases of tertiary waywardness. (shrink)

It has been pointed out that Gettier case scenarios have deviant realizations and that deviant realizations raise a difficulty for the logical analysis of thought experiments. Grundmann and Horvath have shown that it is possible to rule out deviant realizations by suitably modifying the scenario of a Gettier-style thought experiment. They hypothesize further that the enriched scenario corresponds to the way expert epistemologists implicitly interpret the original one. However, no precise account of this implicit enrichment (...) is offered, which makes the proposal somewhat ad hoc. Drawing on pragmatic theory, I argue that the content of Grundmann and Horvath’s modified scenario corresponds to the default interpretation of the original scenario and that epistemological expertise is not required to access the deviance-proof interpretation. This Default Interpretation proposal offers thus a more general and independently motivated solution to the Problem of Deviant Realizations. (shrink)

Background: Increasing interest in empirical ethics has enhanced understanding of healthcare professionals’ ethical problems and attendant decision-making. A four-stage decision-making model involving ethical attention, reasoning, intention and action offers further insights into how more than reasoning alone may contribute to decision-making.Aims: To explore how the four-stage model can increase understanding of decision-making in healthcare and describe the decision-making of an under-researched professional group.Methods: 23 purposively sampled UK community pharmacists were asked, in semi-structured interviews, to describe ethical problems in their work (...) and how they were resolved. Framework analysis of transcribed interviews utilised the four decision-making stages, together with constant comparative methods and deviant-case analysis.Results: Pharmacists were often inattentive and constructed problems in legal terms. Ethical reasoning was limited, but examples of appeals to consequences, the golden rule, religious faith and common-sense experience emerged. Ethical intention was compromised by frequent concern about legal prosecution. Ethical inaction was common, typified by pharmacists’ failure to report healthcare professionals’ bad practices, and ethical passivity emerged to describe these negative examples of the four decision-making stages. Pharmacists occasionally described more ethically active decision-making, but this often involved ethical uncertainty.Discussion: The four decision-making stages are a useful tool in considering how healthcare professionals try to resolve ethical problems in practice. They reveal processes often ignored in normative theories, and their recognition and the emergence of ethical passivity indicates the complexity of decision-making in practice. Ethical passivity may be deleterious to patients’ welfare, and concerns emerge about improving pharmacists’ ethical training and promoting ethical awareness and responsibility. (shrink)

Traditionalists affirm that in self-deception I intend to deceive myself; but, on the standard account of interpersonal deception, according to which deceiver intend to make their target believe a falsehood, traditionalism generates paradoxes, arising from the fact that I will surely know that I want to make myself believe a falsehood. In this thesis, I argue that these well-known paradoxes need not arise under my manipulativist account of deception. In particular, I defend traditionalism about self-deception by showing that what causes (...) paradoxes is not the idea that self-deception is an intrapersonal analogue of interpersonal deception but rather our incorrect conceptions of deception, interpersonal deception, and lying. I show, by way of counterexamples, that the essence of deception is not ending up epistemically worse off but rather being intentionally manipulated into forming or retaining a certain truth-evaluable mental state. Vitally, contra the standard view, the deceiver need not hold that the mental state he intends to produce in the deceived involves a falsehood; in fact, the targeted effect may involve a proposition believed by the deceiver to be true or about whose truth the deceiver suspends belief. Any phenomenon rightly called self-deception, I argue, involves an action in which the person intentionally manipulates (by way of a trick) her own way of forming or retaining some truth-evaluable mental state of her own (belief or a belief-like thought). Thus, on the manipulativist view, a self-deceiver may non-paradoxically intend to deceive himself: the relevant intention is to affect a particular truth-evaluable thought by way of non-deviantly manipulating his agential use of his own cognitive capacities. While all cases of self-deception involve intentional manipulation of the self by the self, how this manipulative trick works out varies in different kinds of cases. In some cases, the self-deceptive manipulative trick is not intentional under that description, a description that captures the so-called deflationary view. Although the manipulativist account allows for numerous different strategies of self-deception, and is consistent with both traditionalism and deflationism, it cannot, by itself, vindicate the idea of lying to oneself. On the standard conception, lying to myself is practically impossible (if the mind is not partitioned) and this is because the very forming the intention to lie to myself – as including the intention to make myself believe my own lie – seems very unlikely. Arguably, people will not φ if they think that φ-ing is impossible. I argue that some kinds of behaviour typically understood as self-deception are actually cases in which the person is lying to herself without the intention to deceive herself; rather, she avoids legitimising an unfavourable state of affairs by openly affirming its contrary. It may also be the case, however, that some lies to oneself are aimed at deceiving – this is because, as I argue, liars need not assert what they believe is false; hence, by lying to myself, I may intend to increase my confidence in the belief I already hold. Finally, the motive for self-deception is always a matter of preserving the person’s endorsed idealised picture of reality. This account allows me to explain all possible cases of self-deception. In the last chapter, I apply my theory to some paradigmatic cases first outlined in my introduction. (shrink)

Within the genres of news and current affairs television, it is the generic logic of the ‘feelgood’ genre of the talk show that legitimizes personalized discourse between famous hosts and politicians. The article presents a case study of such an interview, focusing on the ways in which the interaction between the verbal, the visual and the rhythmic modalities of the interview is employed by the multiple authors of the text to construct a variety of interpersonal footings for interviewer and (...) interviewee on the one hand and a series of preferred interpretations for the audience on the other. The method is deviant case analysis, using tools from semantics and pragmatics, discourse and conversation analysis, and visual analysis of news images. To explore the manner of interaction between the verbal and visual channel, the concept of rhythm is developed for dialogic audiovisual texts. Dialogic audiovisual rhythm is defined as arising from the interaction of speaker or addressee change with onset of new shot, and with frequency of shots per turn/ generic unit of the interview. Rhythmic sequences can then be segmented which make up the textual structure of the interview, delineating its semantic units and areas of strategic positioning between the private, the personal and the political. Three types of the personalization of politics can be discerned in the text: that of the private domain, that of political relations as private ones, and that of politics as history being made by great men. A forth type of personalization is that of the relations between the media and politics. Different combinations of verbal, visual and rhythmic means are used to realize these types discursively. (shrink)

A naturalistic theory of rationalization is defended against a fundamental objection. The theory claims that: The rationalizing relation can be fully analysed in causal explanatory terms. However, is rendered problematic by the fact that: Rationalizations exhibit a higher degree of intensionality than ordinary physical causal explanations. To show that can be maintained in the face of , I develop an account of on which and may be reconciled. ;The opening chapter gives an account of the intensionality of ordinary physical causal (...) explanations by developing a counterfactual analysis of causal relevance. Chapter II examines the nature and intensionality of rationalizations. It is argued that despite , a rationalization partly involves a causal relevance relation between its explanans and explanandum. ;In Chapter III, I consider an argument which implies that is false: Davidson's argument that there can be no psychophysical laws. An attempt is made to give a clear and compelling representation of this argument. As I interpret it, the argument depends on the alleged insolubility of the problem of causal deviance in action. ;Chapter IV develops a general theory of deviance according to which any functional system may produce output in a deviant way, and applies this theory to agents. A negative consequence of the theory is that an action may be performed in a deviant way even if the agent's intention causally explains the action . A positive consequence of the theory is that an action is performed in a non-deviant way just in case there is an appropriate causal explanation of why the agent's intention causes him to act. My specific suggestion is that an agent performs an action in a non-deviant way when and only when his intention causes him to act because he "knows how" to act in that way. ;In the last chapter, it is argued that our solution to the problem of deviance can be adapted to account for in causal explanatory terms. In this way and are reconciled. (shrink)

This study investigates rehabilitation team members’ interactive accomplishments of their domains of work and responsibility in rehabilitation team conferences in Japan. A combination of membership categorization analysis and sequential analysis is adopted to systematically illustrate the situated productions of professional sense-making practices. Analysis focuses on the segment in which a physician asks a series of questions regarding a patient’s functional status and disability coded in the functional assessment record (FAR). A close examination of data shows that a (...) physician does not always choose a respondent with his or her gaze when asking a question because s/he is continuously reading the FAR displayed on a computer screen. Despite this, a physician’s mention of a topic generates a professional’s domain of work and responsibility in a local division of labor which is used by members to assume who the relevant categorial respondent is. Further, members demonstrate these assumptions by shifting their gazes toward the computer screen, back to the document on the desk, and turning toward co-participants, thus embodying professional roles and responsibilities in situ. This study utilizes the analyst’s ethnographic understanding of the routines and division of labor at the rehabilitation ward as a resource to explicate professional sense-making practices, thus utilizing Garfinkel’s ethnomethodological studies of work. Together with sequential and categorial resources offered by Sacks, this study elucidates inferences and normative expectations which rehabilitation team members bring together to reproduce the endogenous logic of rehabilitation culture in actual occasions of the institutional life. (shrink)

Social scientists have expended substantial effort to identify group patterns of deviant behavior. Yet beyond the ill-conceived treatment of sexual minorities as inherently deviant, they have rarely considered how gendered sexual identities shape participation in deviance. We argue for the utility of centering theories of gender and sexuality in intersectional deviance research. We demonstrate how this intentional focus on gender and sexuality provides important empirical insights while avoiding past pitfalls of stigmatizing sexual minorities. Drawing on theories of hegemonic (...) masculinity, emphasized femininity, and minority stress together with criminological general strain theory, we demonstrate how societal expectations and constraints generate strains among GSI groups that may lead to distinctly patterned deviance, using the case of prescription drug misuse during sex. We employ thematic analysis of 120 in-depth interviews with people who misuse prescription drugs, stratified by GSI. We identify six themes highlighting distinct pathways from strain to misuse during sex for different GSI groups: intimacy management, achieving sexual freedom, regulating sexual mood, performance confidence, increased sense of control, and managing sexual identity conflict. In this article, we demonstrate the empirical and theoretical importance of centering gender and sexuality in deviance research and provide a roadmap for theoretical integration. (shrink)

In the academic setting as in any organization legal norms prevail and are assumed to be congruent with ethical norms. Nevertheless, there are cases when the ratio of ethical and legal norms is inadequate and disproportional, especially those dealing with socially responsible decisions in academia. For this reason, the aim here is to analyse incongruences of ethical and legal norms related to the revocation of doctoral degrees in Lithuania, illustrated with examples of deviant behaviour by academic degree holders in (...) terms of decisions of the courts and the ombudsman for academic ethics. Lithuania, being a Member State of the European Union, is currently facing the challenge of implementing newly-adopted laws related to the revocation of doctoral degrees. Accordingly, data were collected from available online official sources to gain more comprehensive evidence, and then analysed using the inductive approach of qualitative content analysis. Research findings show that there is still a thin line between ethical and legal norms, and this line fluctuates depending on nuanced considerations. This is to say that it is still problematical to dress ethical principles in legal clothing. (shrink)

Having briefly sketched the aims of our paper, namely, to logically analyse the ascription of propositional attitudes to somebody else in terms, not of Fregean senses or of intensions-with-s, but of the intentional object of the person spoken about, say, the believer or intender (Section 1), we try to introduce the concept of an intentional object as simply as possible, to wit, as coming into view whenever two (or more) subjective belief-worlds strikingly diverge (Section 2). Then, we assess the pros (...) and cons of Frege’s view that the indirect reference of an expression is nothing but its customary sense (Sections 3–4), and call the reader’s attention to the fact that in belief ascriptions de re we take it for granted that the believer’s intentional object is at the same time a ‘citizen’ of the belief ascriber’s subjective world (or, for that matter, the real word), and that the idea of such a ‘dual citizenship’ is even more obviously presupposed in the cases of true belief and propositional knowledge (Section 5). Then, we try to argue that it is more fertile to take the belief ascriber’s intentional object to be, not the whole state of affairs the believer has in mind and thinks to exist, but the latter’s intentional object as such, that is, as being his intentional object (Section 6). Finally, we discuss the intricate and mostly neglected question of whether an intentional object’s inhabiting two or more subjective belief-worlds should be considered to be sort of a ‘transmundane identity’ in the numerical sense or rather in some deviant sense of the term, which can be specified as a momentous subcase of a ‘categorial difference’ (Section 7). (shrink)

In this study I examine some uses of connectives, and in particular co-ordinate conjunction, from a critical discourse perspective; these uses, in my view, cannot find a satisfactory explanation within current frameworks. It is suggested that we need to identify a conceptual level at which connectives function as hypo-textual signals, activating systematic law-like conditional statements (IF-THEN), which form default specifications of consistent structured knowledge frames. I argue that an account of connectives at the conceptual level of their function that does (...) not take into consideration such tightly structured background schemata, representing both general knowledge and ideologies, cannot afford any generality. As a result, ¿deviant¿ or ¿subversive¿ uses of these connectives can neither be identified as such nor find an adequately general explication within existing accounts, whereas in the proposed framework such uses find a ready explanation of sufficient generality. This framework lies at the intersection of disciplines: Linguistic pragmatics (empirical pragmatics, critical discourse analysis), on the one hand, and cognitive science, on the other. Consequently, this proposal, too, can be regarded as a plea for crossing boundaries and joining forces. (shrink)

Case Analysis in Clinical Ethics is an eclectic review from a team of leading ethicists covering the main methods for analysing ethical problems in modern medicine. Anneke Lucassen, a clinician, begins by presenting an ethically challenging genetics case drawn from her clinical experience. It is then analysed from different theoretical points of view. Each ethicist takes a particular approach, illustrating it in action and giving the reader a basic grounding in its central elements. Each chapter can be (...) read on its own, but comparison between them gives the reader a sense of how far methodology in medical ethics matters, and how different theoretical starting points can lead to different practical conclusions. At the end, Anneke Lucassen gives a clinician's response to the various ethical methods described. Practising clinical ethicists and students on upper level undergraduate and Master's degree courses in medical ethics and applied philosophy will find this invaluable. (shrink)

Ethical behaviors are taught in business classrooms using multiple methods, among which case studies are a standard method. However, when introduced at the undergraduate level, until students have developed a strong foundation in moral philosophy, a prescriptive case analysis template may help them build constructive mental models towards that foundation. The paper thus proposes a case analysis method template based on critical components identified in the Ethics literature that lead to ethical decision-making that can be (...) used as a tool by teachers in Ethics in Business classrooms. The critical components entail the development of moral awareness by training the students to develop ethical values through practice. Students learn how to identify an ethical dilemma, analyze various stakeholder characteristics, explore ethical principles, and make moral judgments before recommending moral actions in each context. A sample case analysis is also provided for classroom use. The implications and value to educators, students, and managers are discussed. (shrink)

Robert Veatch was a notable and prolific author in a variety of areas in philosophy, health care practice, and policy. However, it is evident by the sheer number of case study in ethics books, eighteen editions of case collections in all, that this approach to teaching ethics in the health sciences was especially important to him. A few of these case study collections he wrote alone, but the majority were written with co-authors from nursing, dentistry, pharmacy, allied (...) health, and medicine, drawing on their respective areas of disciplinary expertise and experience as educators. The aim of this article is to focus on the pedagogy and framework Veatch developed to expose students to the rudiments of philosophical ethics so they could understand the conflicts between values, principles, and ethical theories. Authentic clinical cases, he believed, were a useful way to engage students. Putting the two ideas together, Veatch argued the best method of structuring cases is “bootlegging theory in a topical structure” (Veatch, Robert M., Case analysis in ethics instruction. In: Amy Haddad (ed) Teaching and learning strategies in pharmacy ethics, Creighton University, Omaha, 85–97, 1992). Veatch’s rationale for this carefully planned systematic arrangement between case topics and philosophical ethics content are presented. The influence and input of co-authors from different disciplines are explored regarding case development and commentary content. Finally, the impact of these interdisciplinary case study textbooks on ethics instruction in the health sciences is evaluated. (shrink)

This paper is concerned with events that were the subject of an inquest into the deaths of 12 children who died while undergoing or shortly after having undergone cardiac surgery at the Winnipeg Health Sciences Centre, Manitoba, Canada, during 1994. A notable finding of the Sinclair Inquest was that nurses involved with the pediatric cardiac surgery program were concerned about the competence of the surgeon and made sustained efforts throughout 1994 to have these concerns addressed. That the nurses’ concerns were (...) not taken seriously is the central problem of this paper. Essentially, the position articulated is that gendered and gendering discourses constituted a form of power that structured the field of nurses’ possible actions. These discourses constituted a resource to make nurses knowable, to produce them as certain forms of the person, and were therefore part of what governed nurses everyday conduct. Though neither simply good nor bad in themselves, in this case, these discourses had constraining effects on how nurses were able to conduct themselves. (shrink)

Can researchers, interested in novel ways to assess HIV seroprevalence among populations which are otherwise hidden, collect condoms that have been discarded on the ground in a public sex environment and test them for HIV? Does the Code of Federal Regulations address this question, and if not, what areas of research ethics might provide guidance to an IRB considering such a study? These questions arose as part of a preliminary study to test the feasibility of collecting discarded condoms from a (...) public sex environment in Massachusetts, and testing contained semen for HIV. Although the methodology of this study is somewhat unusual, the questions raised are not. Researchers, who wish to use other types of abandoned samples such as discarded syringes, hair or saliva samples, or even excess biological samples, commonly confront similar issues, and the analysis utilized here could guide design and review of other studies. (shrink)

Using the analytic framework of normative logic presented in Fisher, Lovell, and Valero-Silva, provided here are five original business ethics mini-cases that may be used to teach and practice case analysis. We have taken the six questions that are used in the analytic framework of normative logic to solve ethical problems and have adapted them to seven steps that can be applied to conflict resolution of mini-cases in class. Then the adapted normative logic model has seven steps: Describe (...) the “fundamental needs of humankind” as they relate to the case, e.g. caring, supporting, reciprocity, fairness, trust; Explain the established norms, values, and laws that can be seen to apply in this case; State in brief the facts of the situation; Examine the network of circumstances that preceded the situation ; Generate at least three alternative positions and actions open to the actor in the case; Speculate on the hypothesized consequences of the different positions or actions the actor in the case may take; and Choose among the alternative positions the actor in the case might take and give your informed and judged reason for making that choice. A suggested answer is provided for one case, which could be reproduced as a class handout for students to examine after having done their own analysis and having discussed the case as a class. (shrink)

The epistemic basing relation is the relation occurring between a belief and a reason when the reason is the reason for which the belief is held. It marks the distinction between a belief's being justifiable for a person, and the person's being justified in holding the belief. As such, it is an essential component of any complete theory of epistemic justification. ;I survey and evaluate all theories of the basing relation that I am aware of published between 1965 and 1995. (...) These include causal theories, , theories involving pseudo-overdetermination relations , theories involving what a person would appeal to in defense of her beliefs , and doxastic theories , involving an appeal to meta-beliefs. My discussion of these theories includes a detailed analysis of variations of Lehrer's case of the gypsy lawyer which, I show, can be reformulated to pose a decisive objection to causal theories, if not causal analyses, of the basing relation. ;Rejecting all published theories, I present a new kind of causal analysis of the basing relation which I call the causal-doxastic theory. This theory states that a belief is based on a reason if the reason bears an appropriate causal relation to the belief, or, it does not bear such a causal relation, but an appropriate meta-belief is present. A causal analysis of which meta-beliefs are appropriate is given, so as to count as inappropriate rationalizations, mistaken meta-beliefs, etc. In developing the causal-doxastic theory, I present a solution to the problem of deviant causal chains, a discussion of the causal sustaining of beliefs, an account of rejecting reasons, and a partial analysis of showing that one is justified. I then discuss implications of my theory regarding foundationalism, inference, basic and non-basic belief, holistic and linear coherentism, process reliabilism, internalism and externalism, and various closure principles. (shrink)

Evidence from 45 early studies of resistance to extinction following reinforcement of differing amounts, taken in sum, challenges both the basic and the augmented models of Nevin & Grace. The augmented model seems too ad hoc in salvaging the analogy between persistence in behavior and concepts from physics, as my meta-analysis of these data affirms.

Health-promoting nudges have been put into practice by different agents, in different contexts and with different aims. This article formulates a set of criteria that enables a thorough ethical evaluation of such nudges. As such, it bridges the gap between the abstract, theoretical debates among academics and the actual behavioral interventions being implemented in practice. The criteria are derived from arguments against nudges, which allegedly disrespect nudgees, as these would impose values on nudgees and/or violate their rationality and autonomy. Instead (...) of interpreting these objections as knock-down arguments, I take them as expressing legitimate worries that can often be addressed. I analyze six prototypical nudge cases, such as Google’s rearrangement of fridges and the use of defaults in organ donation registration. I show how the ethical criteria listed are satisfied by most—but not all—nudges in most—but not all—circumstances. (shrink)

This paper analyses various approaches to the concept of a ‘safety culture’ in terms of their epistemological assumptions regarding the nature of learning. As a result of this analysis, the study proposes a relational-interpretive framework for the promotion of safety in health care, which is based on relational theories and the philosophy of conceptual pragmatism as this can be used to integrate the various strands of current safety research. In particular, the approach based on a relational-interpretive perspective can bridge (...) the apparent dualist gap that exists between the rational objectivist perspective and the relativist perspective on the role of learning in developing a safety culture. According to the relational-interpretive perspective of safety management that is proposed here, organizational members need to give continuous attention to the accepted organizational norms and values, which shape the safety culture. A case study from a health care safety project in Sweden is utilized to illustrate the ideas advanced in this paper. (shrink)

Turing’s analysis of computability has recently been challenged; it is claimed that it is circular to analyse the intuitive concept of numerical computability in terms of the Turing machine. This claim threatens the view, canonical in mathematics and cognitive science, that the concept of a systematic procedure or algorithm is to be explicated by reference to the capacities of Turing machines. We defend Turing’s analysis against the challenge of ‘deviant encodings’.Keywords: Systematic procedure; Turing machine; Church–Turing thesis; (...) class='Hi'>Deviant encoding; Acceptable encoding; Turing’s analysis of computability; Turing’s Notational Thesis. (shrink)

On a sunny Sunday afternoon in 2012 a conflict arose between two men riding a popular mountain biking track in New Zealand. The bulk of this was filmed from a helmet-mounted action camera, facilitating a single case analysis of the transition from an everyday trouble to an unexpected violent ending. The two riders come across each other travelling downhill at speed on a narrow track. Unease quickly develops for the camera-clad rider wants to pass the rider in front, (...) but except for an intriguing and brief interlude, the first rider will not let the other pass. The second rider grows frustrated, progressing to tailgate the ‘slower’ rider, in the midst of which he invokes a rule of mountain biking conduct. The reflexive implications of the rule-invocation need to be seen to be believed. The video is used as data to get close to such seeing, and despite some limitations, we can see a clear trajectory where the rule significantly contributes to a moment of phenomenological salience. Thereafter, it becomes witnessably relevant to the conflict that develops. (shrink)

Similar case analysis (SCA) is an essential topic in legal artificial intelligence, serving as a reference for legal professionals. Most existing works treat SCA as a traditional text classification task and ignore some important legal elements that affect the verdict and case similarity, like legal events, and thus are easily misled by semantic structure. To address this issue, we propose a Legal Event-Context Model named LECM to improve the accuracy and interpretability of SCA based on Chinese legal (...) corpus. The event-context integration mechanism, which is an essential component of the LECM, is proposed to integrate the legal event and context information based on the attention mechanism, enabling legal events to be associated with their corresponding relevant contexts. We introduce an event detection module to obtain the legal event information, which is pre-trained on a legal event detection dataset to avoid labeling events manually. We conduct extensive experiments on two SCA tasks, i.e., similar case matching (SCM) and similar case retrieval (SCR). Compared with baseline models, LECM is validated by about 13% and 11% average improvement in terms of mean average precision and accuracy respectively, for SCR and SCM tasks. These results indicate that LECM effectively utilizes event-context knowledge to enhance SCA performance and its potential application in various legal document analysis tasks. (shrink)

Every artwork is the first and last of its kind. Nothing happens the same way twice. But if this is the case, then what limits can we impose on our understanding of the historical development of art? The poles in our conceptual schema of the development of art are analogous to human life, which is placed between two poles of non-existence. This schema is used in our understanding of art, interpretation, and metaphor. Being a complex part in the intersection (...) between life and death, this becomes transposed from experiences to things, reified objects that can make the analysis of these entities cognitively respectable. To transfer them back to experience is to see them as part of our cultural understanding: the movement from death to life and back again is grounded in the dynamic tension between the creative/deviant and conventional/established sense-making determinations. By these experiences our views of the world are both transgressed and confirmed. (shrink)

There is a shift in the role of business in society where societal, environmental and stakeholder value drivers could reshape the basis of economic competitive advantage. Investors are willing to pay a premium for well-governed companies because of positive perceptions of CSR. Organizations respond to the value drivers to endure and function effectively along the societal, environmental and stakeholder dimensions. In this article case analysis is performed for four international firms, chosen from USA/Europe and Asia, with distinguished records (...) of sustainability. The case studies were based on the company sustainability reports and related material published in EthicalCorp, CSRWire and Covalence online publications. Assessments were performed using publicly available information. The non-parametric correlation analysis shows that firms with better commitment to CSR respond more to societal, environmental and stakeholder drivers through strategic initiatives. This improves their competitive advantage as assessed by economic value added. (shrink)

Background: SNOMED CT is a large terminology system designed to represent all aspects of healthcare. Its current form and content result from decades of bottom-up evolution. Due to SNOMED CT’s formal descriptions, it can be considered an ontology. The Basic Formal Ontology (BFO) is a foundational ontology that proposes a small set of disjoint, hierarchically ordered classes, supported by relations and axioms. In contrast, as a typical top-down endeavor, BFO was designed as a foundational framework for domain ontologies in the (...) natural sciences and related disciplines. Whereas it is mostly assumed that domain ontologies should be created as extensions of foundational ontologies, a post-hoc harmonization of consolidated domain ontologies in use, such as SNOMED CT, is known to be challenging. Methods: We explored the feasibility of harmonizing SNOMED CT with BFO, with a focus on the SNOMED CT Clinical Finding hierarchy. With more than 100,000 classes, it accounts for about one third of SNOMED CT’s content. In particular, we represented typical SNOMED CT finding/disorder concepts using description logics under BFO. Three representational patterns were created and the logical entailments analyzed. Results: Under a first scrutiny, the clinical intuition that diseases, disorders, signs and symptoms form a homogeneous ontological upper-level class appeared incompatible with BFO’s upper-level distinction into continuants and occurrents. The Clinical finding class seemed to be an umbrella for all kinds of entities of clinical interest, such as material entities, processes, states, dispositions, and qualities. This suggests the conclusion that Clinical finding would not be a suitable upper-level class from an BFO perspective. On closer inspection of the taxonomic links within this hierarchy and the implicit meaning derived thereof, it became clear that Clinical finding classes do not characterize the entity (e.g. a fracture, allergy, tumor, pain, hemorrhage, seizure, fever) in a literal sense but rather the condition of a patient having that fracture, allergy, pain etc. This gives sense to the current characteristic of the Clinical Finding hierarchy, in which complex classes are modeled as subclasses of their constituents. Most of these taxonomic links are inferred, as the consequence of the ‘role group’ design pattern, which is ubiquitous in SNOMED CT and has often been subject of controversy regarding its semantics. Conclusion: Our analyses resulted in the proposal of (i) equating SNOMED CT’s ‘role group’ property with the reflexive and transitive BFO relation ‘has occurrent part’; and (ii) reinterpreting Clinical Findings as Clinical Occurrents, i.e. temporally extended entities in an organism, having one or more occurrents as temporal parts that occur in continuants. This re-interpretation was corroborated by a manual analysis of classes under Clinical Finding, as well as the identification of similar modeling patterns in other ontologies. As a result, SNOMED CT does not require any content redesign to establish compatibility with BFO, apart from this re-interpretation, and a suggested re-labeling. Regarding the feasibility of harmonizing terminologies with principled foundational ontologies post-hoc, our results provide support to the assumption that this does not necessarily require major redesign efforts, but rather a careful analysis of the implicit assumptions of terminology curators and users. (shrink)

Modus Darwin is the name given by Elliott Sober to a form of argument that Sober attributes to Darwin in the Origin of Species, and to subsequent evolutionary biologists who have reasoned in the same way. In short, the argument form goes: Similarity, ergo common ancestry. In the present paper I review and critique Sober's analysis of Darwin's reasoning. I argue that modus Darwin has serious limitations that make the argument form unsuited for supporting Darwin's conclusions, and that Darwin (...) did not reason in this way. (shrink)

In 1982, Jonsen, Siegler and Winslade published Clinical Ethics, in which they described the “four quadrants” approach, a new method of analysing clinical ethics cases. Although the book is now in its 6th edition, a literature search has revealed only one academic paper demonstrating the method at work. This paper is an attempt to start filling this gap. As a way of describing and testing the approach, I apply the four quadrants method to a detailed clinical ethics case. The (...) analysis is interspersed with reflections on the method itself. It is hoped that this experiment will encourage ethicists and clinicians to devote more attention to this neglected approach. (shrink)

Scholars increasingly point toward schools as meaningful contexts in which to provide psychosocial care for refugee children. Collaborative mental health care in school forms a particular practice of school-based mental health care provision. Developed in Canada and inspired by systemic intervention approaches, collaborative mental health care in schools involves the formation of an interdisciplinary care network, in which mental health care providers and school partners collaborate with each other and the refugee family in a joint assessment of child development and (...) mental health, as well as joint intervention planning and provision. It aims to move away from an individual perspective on refugee children’s development, toward an engagement with refugee families’ perspectives on their migration histories, cultural background and social condition in shaping assessment and intervention, as such fostering refugee empowerment, equality, and participation in the host society. Relating to the first stage of van Yperen’s four-stage model for establishing evidence-based youth care, this article aims to engage in an initial exploration of the effectiveness of a developing school-based collaborative mental health care practice in Leuven, Belgium. First, we propose a detailed description, co-developed through reflection on case documents, written process reflections, intervision, an initial identification of intervention themes, and articulating interconnections with scholarly literature on transcultural and systemic refugee trauma care. Second, we engage in an in-depth exploration of processes and working mechanisms, obtained through co-constructed clinical case analysis of case work collected through our practice in schools in Leuven, Belgium. Our descriptive analysis indicates the role of central processes that may operate as working mechanisms in school-based collaborative mental health care and points to how collaborative mental health care may mobilize the school and the family-school interaction as a vehicle of restoring safety and stability in the aftermath of cumulative traumatization. Our analysis furthermore forms an important starting point for reflections on future research opportunities, and central clinical dynamics touching upon power disparities and low-threshold access to mental health care for refugee families. (shrink)

Motivated by Drerup’s and Terhart’s stimulating contribution (Analyse & Kritik 1/80) to the notorious “Critical Rationalism and Contemporary Politics” -affair with its fatal repercussions on Popper’s original position. Part One of this paper discusses the development of Popperian philosophy of science and society from the hopeful beginnings to the rather unsatisfactory present state, with the main emphasis on the separate fate of his Social Philosophy in German speaking countries. A reconstruction and evaluation of this development is made in comparison to (...) Popper’s basic idea of an open-minded Social Philosophy and critical Social Science. The German mainstream development adds to Popper’s own radically liberal interpretation a positivistic, a normativistic and a conformistic phase, thus leading this degenerating research programme to the present philosophical stagnation and badly compensating political reideologization. The intellectual as well as the institutional causes and consequences of the deviant German case are analysed. − This exposition of the present state of reception is to be completed, in Part Two, by an analysis of the resulting state of problems with regard to the remaining chances for the realization of the original Popperian programme just-mentioned in contemporary rebuilding. (shrink)

This volume is an interdisciplinary exploration of the modalities, meanings, and practices of silence in contemporary social discourse. How is silence treated in different cultures? In a globalized world, how is silence managed between and across cultures? Co-authored by a philosopher and an economist, the text draws on interviews with scholars and practitioners in fields as diverse as marine biology and African American history. International case studies are presented in operational contexts from the Black Lives Matter movement to the (...) creation of art installations to the struggles of transgender people in Southeast Asia. The authors examine the relationship between ethics and silence, and suggest strategies to transform social praxis through greater attention to silence. (shrink)

Using a real-life case involving an accidental discovery of misattributed paternity as a springboard for discussion, I reflect on several practical and theoretical issues surrounding truth-telling in the doctor-patient relationship. I present the moral dilemma and identify arguments in favour of and against disclosure. I then examine the theoretical difficulties in balancing conflicting reasons and in establishing what constitutes the 'truth'. I conclude that withholding the information from the patients would be ethically permissible and, more generally, that honesty is (...) not always the best policy. (shrink)

Feminists have long argued that women who offend are judged by who they are, not what they do, with idealised images of femininity and motherhood used as measures of culpability. The ability to meet the expectations of motherhood and femininity are particularly difficult for women who experience a crisis pregnancy, as evident in cases where women have been convicted of concealment of birth. The offence prohibits the secret disposal of the dead body of a child, to conceal knowledge of its (...) birth. Traditionally used to prosecute women suspected of killing their newborn children, analysis of court transcripts suggests the offence is also used to punish women who fail to meet expectations of motherhood. This paper analyses three contemporary cases in light of the historical origins of the offence, illustrating the legacy of prejudice against ‘deviant’ mothers. Finally, it questions the continued existence of this archaic offence. (shrink)

One of the reasons the history of parapsychology and its ancestor psychical research is intriguing is because it addresses a central issue: the boundaries of science. This article provides an overview of the historiography of parapsychology and presents an approach to investigate the Dutch history of parapsychology contributing to the understanding of this central theme. In the first section the historical accounts provided by psychical researchers and parapsychologists themselves are discussed; next those studies of sociologists and historians understanding parapsychology as (...) deviant and even potentially revolutionary are dealt with; third, more contemporary studies are examined whereby enterprises such as parapsychology are understood as central to the culture in which they arose. On the basis of this analysis a new direction in the historiography of the subject is suggested in the fourth section, centred upon the relation between parapsychology and psychology in the Netherlands throughout the 20th century. In the Netherlands not only were pioneering psychologists such as Gerard Heymans (1857–1930) actively involved in experiments into telepathy, the first professor in parapsychology in the world – Wilhelm Tenhaeff (1894–1981) – was appointed in 1953 at Utrecht University and in the 1970s and 1980s parapsychology had its own research laboratory at Utrecht University in the division of psychology. This unique situation in the Netherlands deserves scholarly attention and makes an interesting case to investigate the much-neglected connections between the fields of psychology and parapsychology in the 20th century. The connections between psychology and parapsychology might help us to understand why parapsychology came to be regarded as a pseudoscience. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Psychopathy, Other-Regarding Moral Beliefs, and ResponsibilityLloyd Fields (bio)AbstractIn this paper I seek to show that at least one kind of psychopath is incapable of forming other-regarding moral beliefs; hence that they cannot act for other-regarding moral reasons; and hence that they are not appropriate subjects for the assessment of either moral or legal responsibility. Various attempts to characterize psychopaths are considered and rejected, in particular the widely held view (...) that psychopaths are, in general, incapable of understanding moral concepts. The particular disability proposed here, the incapacity to form other-regarding moral beliefs, is then derived from an analysis of what is required for someone to be a responsible agent. This is illustrated with a detailed case history. A defect of this kind is shown to vitiate moral responsibility, because it renders the psychopath irresponsive to the social pressures which normally ensure respect for moral norms. It is also shown that the psychopath is not a suitable subject for the assessment of legal responsibility, because he lacks the capacity to act from common prudence to avoid sanctions. I conclude that the attempt to characterize particular defects from among the heterogeneity of psychopathic subjects, could lead to better targeted, and hence to more effective, management of particular cases.KeywordsCriminality, mental illness, personality disorder, blame, liability, moral beliefs, guilt, social moralityIntroductionThe term “psychopath” has been used with a wide variety of different meanings and, no doubt, covers a heterogeneous group of subjects (Criminal behaviour and mental health 1992). My aim in this paper is to argue that at least a subgroup of those subjects are characterized by an inability to form other-regarding moral beliefs—and hence, for this particular reason, are not morally responsible agents—and that they also lack the capacity for prudence, and hence are not legally responsible agents.I begin by distinguishing the particular sense in which I will be using the term “psychopathy.” I then consider some suggestions in the literature regarding the defect by which psychopaths might be characterized—that they are mentally ill, or incapable of understanding moral concepts. In rejecting these, I come to the suggestion that the relevant defect is an inability to form other-regarding moral beliefs, a defect which is graphically illustrated by a case report from the literature. I explore the implication of this kind of defect for [End Page 261] moral responsibility as a socially-embedded notion, and the implication of the psychopath’s inability to exercise prudence in relation to legal liability.Nothing in this paper should be taken to suggest that psychopaths are irredeemable. On the contrary, as I argue in an endnote, correctly characterizing the defect from which they suffer leads directly to forms of treatment whose effectiveness has acquired a measure of empirical support.The Nature of PsychopathyPsychopathy is not a homogeneous concept; there are different types of psychopaths. For example, Henderson identified a type of psychopath who he classified as “Predominantly Creative,” exemplified by such figures as T. E. Lawrence and Joan of Arc. In people of this type genius is associated with heightened sensitivity, psychosexual immaturity and emotional instability (Henderson 1939, 108–20; Henderson and Gillespie 1969, 317). Predominantly creative psychopaths do not come within my purview.By “psychopathy” I shall mean the specific form of personality disorder described by Cleckley in his book, The Mask of Sanity (Cleckley 1964). Cleckley’s description forms the basis of Hare’s Revised (20-item) Psychopathy Checklist. The Checklist includes the following personality traits and deviant behaviors:1. Glibness/superficial charm.2. Grandiose sense of self-worth.3. Need for stimulation/proneness to boredom.4. Pathological lying.5. Conning/manipulative.6. Lack of remorse or guilt.7. Shallow affect.8. Callous/lack of empathy.9. Parasitic lifestyle.10. Poor behavioral controls.11. Promiscuous sexual behavior.12. Early behavior problems.13. Lack of realistic, long-term plans.14. Impulsivity.15. Irresponsibility.16. Failure to accept responsibility for own actions.17. Many short-term marital relationships.18. Juvenile delinquency.19. Revocation of conditional release.20. Criminal versatility (Hare 1986, 18). 1This conceptualization resembles in many respects the category of Antisocial Personality Disorder as described in the American Psychiatric... (shrink)