Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. _The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber _places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided (...) by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising _The Foundation of the Juridical-Political _uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse. (shrink)

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. _The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber__ _contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of (...) affinity and divergence in the work of these two influential figures. Thus, the chapters collected in _The Reconstruction of the Juridico-Political _offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber. (shrink)

_Hans Kelsen and the Natural Law Tradition_ provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.

This article compares and contrasts Hans Kelsen's concept of normative imputation, in the Lecture Course of 1926, with the concepts of peripheral and central imputation, in The Pure Theory of Law of 1934. In this process, a wider and more significant distinction is revealed within the development of Hans Kelsen's theory of positive law. This distinction represents a shift in Kelsen's philosophical allegiance from the Neo-Kantianism of Windelband to that of Cohen. This, in turn, reflects a broader disengagement of The (...) Pure Theory of Law from the more direct connection with a political project of a civitas maxima envisaged by the Lecture Course. (shrink)

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a (...) sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm. The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law. (shrink)

Among hunter-gatherers, the sharing of male and female foods is often assumed to result in virtually the same diet for males and females. Although food sharing is widespread among the hunting and gathering Hadza of Tanzania, women were observed eating significantly more tubers than men. This study investigates the relationship between patterns of dental wear, diet, and extramasticatory use of teeth among the Hadza. Casts of the upper dentitions were made from molds taken from 126 adults and scored according to (...) the Murphy dental attrition scoring system. Females had significantly greater anterior occlusal wear than males when we controlled for age. Males exhibited greater asymmetry in wear, with greater wear on the left side in canines, first premolars, and first molars. We suggest that these sex differences in wear patterns reflect the differences seen in the diet, as well as in the use of teeth as tools. (shrink)

Odor baited methods of controlling tsetse have received considerable attention as ecologically friendly ways for African farmers to reduce their levels of livestock trypanosomosis. Over the last decade, a number of tsetse control projects have been set up in East Africa using these methods. Although much has been written, few hard data are available regarding their ongoing success, problems, and sustainability. To evaluate the situation on the ground, the authors conducted a series of site visits to a number of such (...) tsetse control projects in Kenya. A comparison of these projects with others across the region identified the possible constraints to a wider uptake of these methods. Poor information, coupled with inappropriate research and development policies, were found to be the key constraints. These could be overcome with a farmer-based approach to control, with a better application of existing techniques, and with a greater role for veterinarians. Tsetse control needs to become demand rather than supply driven, if it is to bean important component of livestock disease control in Africa. (shrink)

Two intellectual vices seem to always tempt us: arrogance and diffidence. Regarding the former, the world is permeated by dogmatism and table-thumping close-mindedness. From politics, to religion, to simple matters of taste, zealots and ideologues all too often define our disagreements, often making debate and dialogue completely intractable. But to the other extreme, given a world with so much pluralism and heated disagreement, intellectual apathy and a prevailing agnosticism can be simply all too alluring. So the need for intellectual humility, (...) open-mindedness, and a careful, humble commitment to the truth are apparent. In this book, Dr Church and Dr Samuelson explicate a robust and vibrant account of the philosophy and science of this most valuable virtue, and they highlight how it can be best applied and personally developed. (shrink)

The current research applied a mid-level evolutionary theory that has been successfully employed across numerous animal species—life history theory—in an attempt to understand the Dark Triad personality trait cluster (narcissism, psychopathy, and Machiavellianism). In Study 1 (N = 246), a measure of life history strategy was correlated with psychopathy, but unexpectedly with neither Machiavellianism nor narcissism. Study 2 (N = 321) replicated this overall pattern of results using longer, traditional measures of the Dark Triad traits and alternative, future-discounting indicators of (...) life history strategy (a smaller-sooner, larger-later monetary dilemma and self-reported risk-taking behaviors). Additional findings suggested two sources of shared variance across the Dark Triad traits: confidence in predicting future outcomes and openness to short-term mating. (shrink)

Autism spectrum disorder is characterised by differences in unimodal and multimodal sensory and proprioceptive processing, with complex biases towards local over global processing. Many of these elements are implicated in versions of the rubber hand illusion, which were therefore studied in high-functioning individuals with ASD and a typically developing control group. Both groups experienced the illusion. A number of differences were found, related to proprioception and sensorimotor processes. The ASD group showed reduced sensitivity to visuotactile-proprioceptive discrepancy but more accurate proprioception. (...) This group also differed on acceleration in subsequent reach trials. Results are discussed in terms of weak top-down integration and precision-accuracy trade-offs. The RHI appears to be a useful tool for investigating multisensory processing in ASD. (shrink)

Recovering Reason: Essays in Honor of Thomas L. Pangle is a collection of essays composed by students and friends of Thomas L. Pangle to honor his seminal work and outstanding guidance in the study of political philosophy. These essays examine both Socrates' and modern political philosophers' attempts to answer the question of the right life for human beings, as those attempts are introduced and elaborated in the work of thinkers from Homer and Thucydides to Nietzsche and Charles Taylor.

In this paper, we explore the literature on cognitive heuristics and biases in light of virtue epistemology, specifically highlighting the two major positions—agent-reliabilism and agent-responsibilism —as they apply to dual systems theories of cognition and the role of motivation in biases. We investigate under which conditions heuristics and biases might be characterized as vicious and conclude that a certain kind of intellectual arrogance can be attributed to an inappropriate reliance on Type 1, or the improper function of Type 2, cognitive (...) processes. By the same token, the proper intervention of Type 2 processes results in the virtuous functioning of our cognitive systems. Moreover, the role of motivation in attenuating cognitive biases and the cultivation of certain epistemic habits points to the tenets of agent-responsibilism.. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

The study of intellectual humility is still in its early stages and issues of definition and measurement are only now being explored. To inform and guide the process of defining and measuring this important intellectual virtue, we conducted a series of studies into the implicit theory – or ‘folk’ understanding – of an intellectually humble person, a wise person, and an intellectually arrogant person. In Study 1, 350 adults used a free-listing procedure to generate a list of descriptors, one for (...) each person-concept. In Study 2, 335 adults rated the previously generated descriptors by how characteristic each was of the target person-concept. In Study 3, 344 adults sorted the descriptors by similarity for each person-concept. By comparing and contrasting the three person-concepts, a complex portrait of an intellectually humble person emerges with particular epistemic, self-oriented, and other-oriented dimensions. (shrink)

Essays dealing with the question of how "sense of place" is constructed, in a variety of locations and media.

Following the financial crisis of 2008, the Treasury Committee of the UK House of Commons undertook an inquiry into the lessons that might be learned from the banking crisis. Paul Moore, head of group regulatory risk at Halifax Bank of Scotland during 2002–2005, provided evidence of his experience of questioning HBOS policies which resulted in his dismissal from HBOS. The problems that surfaced at HBOS during the financial crisis were so serious that it was forced to merge with Lloyds TSB, (...) another UK bank, to form the Lloyds Banking Group in which the government took a significant stake. Moore’s evidence to the Treasury Committee revealed that long before the financial crisis, he had raised major concerns with the management of HBOS and with the Financial Services Authority, the UK financial services regulator. Moore’s evidence led to the submission of further disclosures, replies and rejoinders as evidence to the Treasury Committee. Moore’s case is therefore of considerable interest to researchers of whistleblowing because it is a rare instance of high-level whistleblowing, the details of which subsequently entered the public domain. The information revealed in evidence to the Treasury Committee sheds light on the process of whistleblowing in the context of the governance and regulation of a major UK bank that subsequently had to be rescued by government intervention during the financial crisis. The paper makes a contribution to the wider literature on whistleblowing, and to a greater understanding of aspects of the financial crisis. (shrink)

Review of a book of this name, being a survey of research on this topic.

Mucins are a family of high molecular weight, highly glycosylated glycoproteins found in the apical cell membrane of human epithelial cells from the mammary gland, salivary gland, digestive tract, respiratory tract, kidney, bladder, prostate, uterus and rete testis. Increased synthesis of the core protein and alterations in the carbohydrates attached to these glycoproteins are believed to play important roles in the function and proliferation of tumour cells. Aberrant glycosylation leads not only to the production of novel carbohydrate structures, but also (...) to the exposure of the core peptide. These novel epitopes may be candidates for diagnosis or therapy, by using either synthetic mucin fragments as vaccines, or monoclonal antibody‐based reagents which detect these structures. (shrink)

A case could be made that the practice of philosophy demands a certain humility, or at least intellectual humility, requiring such traits as inquisitiveness, openness to new ideas, and a shared interest in pursuing truth. In the positive psychology movement, the study of both humility and intellectual humility has been grounded in the methods and approach of personality psychology, specifically the examination of these virtues as traits. Consistent with this approach, the chapter begins with a discussion of the examination of (...) intellectual humility as a “character trait,” comparing intellectual humility to various well-known traits in the personality psychology literature (e.g the “Big 5” and the “Big 2”) as well as other key traits such as the need for cognition and the need for closure. The chapter then turns to the proverbial issue of whether virtues in general, and intellectual humility in particular, are a matter of “nature”- that is, an innate trait determined by heritability, or “nurture” – a trait mostly shaped by situation and environment. While the chapter does not resolve the issue, it provides occasion for an examination of the role of situations in the expression of intellectual humility, and for the interaction of “situation” and “trait.” The chapter concludes with a discussion of how the interaction of trait with situation provides the most robust understanding of the psychology of any character virtue, including humility and intellectual humility. (shrink)

Bayesians take “definite” or “single-case” probabilities to be basic. Definite probabilities attach to closed formulas or propositions. We write them here using small caps: PROB(P) and PROB(P/Q). Most objective probability theories begin instead with “indefinite” or “general” probabilities (sometimes called “statistical probabilities”). Indefinite probabilities attach to open formulas or propositions. We write indefinite probabilities using lower case “prob” and free variables: prob(Bx/Ax). The indefinite probability of an A being a B is not about any particular A, but rather about the (...) property of being an A. In this respect, its logical form is the same as that of relative frequencies. For instance, we might talk about the probability of a human baby being female. That probability is about human babies in general — not about individuals. If we examine a baby and determine conclusively that she is female, then the definite probability of her being female is 1, but that does not alter the indefinite probability of human babies in general being female. Most objective approaches to probability tie probabilities to relative frequencies in some way, and the resulting probabilities have the same logical form as the relative frequencies. That is, they are indefinite probabilities. The simplest theories identify indefinite probabilities with relative frequencies.3 It is often objected that such “finite frequency theories” are inadequate because our probability judgments often diverge from relative frequencies. For example, we can talk about a coin being fair (and so the indefinite probability of a flip landing heads is 0.5) even when it is flipped only once and then destroyed (in which case the relative frequency is either 1 or 0). For understanding such indefinite probabilities, it has been suggested that we need a notion of probability that talks about possible instances of properties as well as actual instances.. (shrink)

The Political Responsibility of Intellectuals addresses the many problems in defining the relationship of intellectuals to the society in which they live. In what respects are they responsible for, and to, that society? Should they seek to act as independent arbiters of the values explicitly or implicity espoused by those around them? Should they seek to advise those in public life about the way in which they should act, or should they withdraw from any form of political involvement? And how (...) should their preoccupations with truth and language find practical expression? The contributors to this volume seek to provide tentative answers to these questions. They come from a wide variety of disciplines, ranging from economics to linguistics and sociology to philosophy, and are drawn from both America and Eastern and Western Europe. The volume is given a particular interest by recent political upheavals in Eastern Europe, where many intellectuals have been confronted with sharply practical, sometimes dramatic, choices about their role in the political arena. (shrink)

Recent research has begun to investigate sensory processing in relation to nonclinical variation in traits associated with the autism spectrum disorders (ASD). We propose that existing accounts of autistic perception can be augmented by considering a role for individual differences in top-down expectations for the precision of sensory input, related to the processing of state-dependent levels of uncertainty. We therefore examined ASD-like traits in relation to the rubber-hand illusion: an experimental paradigm that typically elicits crossmodal integration of visual, tactile, and (...) proprioceptive information in an unusual illusory context. Individuals with higher ASD-like traits showed reduced effects of the rubber-hand illusion on perceived arm position and reach-to-grasp movements, compared to individuals with lower ASD-like traits. These differences occurred despite both groups reporting the typical subjective experience of the illusion concerning visuotactile integration and ownership for the rubber hand. Together these results suggest that the integration of proprioceptive information with cues for arm position derived from the illusory context differs between individuals partly in relation to traits associated with ASD. We suggest that the observed differences in sensory integration can be best explained in terms of differing expectations regarding the precision of sensory estimates in contexts that suggest uncertainty. (shrink)

Recalling past transformations, this book examines what makes the current challenge different, and especially urgent. It analyses how green transformations must take place in the context of the particular moments of capitalist development, and in relation to particular alliances. The book emphasises the role of the state and the role of citizens, as innovators, entrepreneurs, green consumers and members of social movements. Green transformations must be both 'top-down', involving elite alliances between states and business, but also 'bottom up', pushed by (...) grassroots innovators and entrepreneurs, and part of wider mobilisations among civil society. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.