This course book serves an undergraduate course in introduction to legal reasoning. It is designed to initiate students in the legal methods of case law analysis and statutory interpretation, prompting students to take a critical distance from the wielding of the methods. It helps students acquire or refine the techniques of close reading, analogizing, distinguishing, positing related fact patterns, and criticizing judicial and legislative exposition and logic.

While simulation has been a staple of Social Studies curricula since the 1960s, few current studies have sought to understand the mechanisms behind how simulations may influence students’ learning and behavior. Learning theories around student engagement – specifically interest development theory (Hidi & Renninger, 2006) – may help explain students’ commitment to future political action. To incorporate this theory into the democratic education literature, this study asks: Do situational interest and simulation frequency uniquely contribute to students’ commitment to vote in (...) the future? Data included 260 students from 19 classrooms, 9 teachers, in 9 schools, recruited as part of a larger mixed-methods study on Project Based Learning. Hierarchical Linear Modeling (HLM) techniques were used to examine the relationship between individual outcomes and predictors across different classrooms and teachers. Analysis of data suggests both frequency of simulations and situational interest directly predict students’ commitment to vote but do not uniquely contribute to the outcome. Findings suggest situational interest may play an important role in influencing students’ learning and future political behavior. (shrink)

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new (...) edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens with an introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice. (shrink)

The Neuroethics Affinity Group of the American Society for Bioethics and Humanities met for the third time in October 2007 to review progress in the field of neuroethics and consider high-impact priorities for the future. Closely aligned with ASBH's own goals of recruiting junior scholars to bioethics and mentoring them to successful careers, the Neuroethics Affinity Group placed a call for new ideas to be presented at the Group meeting, specifically by junior attendees. One group responded with the idea to (...) probe a new direction for neuroethics focused on the neuroscience of gender differences. In the spirit of full disclosure, two of the authors are a student and fellow of the program I formerly directed at Stanford University. The third is junior faculty there. The intellectual ownership of the ideas in the report below, however, are entirely theirs. Like lit torches in a juggling act, there are many directions this project can go. The report is a snapshot of these authors' first iteration of the concept of women's neuroethics. Many thanks are extended to participants of the ASBH Neuroethics Affinity Group meeting whose enthusiasm and feedback was immensely helpful in shaping the concept and moving it ahead. - Judy Illes, Editor AJOB-Neuroscience. (shrink)

Machine generated contents note: Part I. Introduction: 1. Personal epistemology in the classroom: a welcome and guide for the reader Florian C. Feucht and Lisa D. Bendixen; Part II. Frameworks and Conceptual Issues: 2. Manifestations of an epistemological belief system in pre-k to 12 classrooms Marlene Schommer-Aikins, Mary Bird, and Linda Bakken; 3. Epistemic climates in elementary classrooms Florian C. Feucht; 4. The integrative model of personal epistemology development: theoretical underpinnings and implications for education Deanna C. Rule and Lisa D. (...) Bendixen; 5. An epistemic framework for scientific reasoning in informal contexts Fang-Ying Yang and Chin-Chung Tsai; Appendices; 6. Who knows what and who can we believe? Epistemological beliefs are beliefs about knowledge (mostly) to be attained from others Rainer Bromme, Dorothe Kienhues, and Torsten Porsch; Part III. Students' Personal Epistemology, its Development, and Relation to Learning: 7. Stalking young persons' changing beliefs about belief Michael J. Chandler and Travis Proulx; 8. Epistemological development in very young knowers Leah K. Wildenger, Barbara K. Hofer, and Jean E. Burr; 9. Beliefs about knowledge and revision of knowledge: on the importance of epistemic beliefs for intentional conceptual change in elementary and middle school students Lucia Mason; 10. The reflexive relation between students' mathematics-related beliefs and the mathematics classroom culture Erik De Corte, Peter Op 't Eynde, Fien Depaepe, and Lieven Verschaffel; 11. Examining the influence of epistemic beliefs and goal orientations on the academic performance of adolescent students enrolled in high-poverty, high-minority schools P. Karen Murphy, Michelle M. Buehl, Jill A. Zeruth, Maeghan N. Edwards, Joyce F. Long, and Shinichi Monoi; 12. Using cognitive interviewing to explore elementary and secondary school students' epistemic and ontological cognition Jeffrey A. Greene, Judith Torney-Purta, Roger Azevedo, and Jane Robertson; Part IV. Teachers' Personal Epistemology and its Impact on Classroom Teaching: 13. Epistemological resources and framing: a cognitive framework for helping teachers interpret and respond to their students' epistemologies Andrew Elby and David Hammer; 14. The effects of teachers' beliefs on elementary students' beliefs, motivation, and achievement in mathematics Krista R. Muis and Michael J. Foy; Appendices; 15. Teachers' articulation of beliefs about teaching knowledge: conceptualizing a belief framework Helenrose Fives and Michelle M. Buehl; Appendices; 16. Beyond epistemology: assessing teachers' epistemological and ontological world views Lori Olafson and Gregory Schraw; Part V. Conclusion: 17. Personal epistemology in the classroom: what does research and theory tell us and where do we need to go next? Lisa D. Bendixen and Florian C. Feucht. (shrink)

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new (...) edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens with an introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice. (shrink)

Informed by Critical Race Theory, this quantitative study supports civic educators in understanding the role of classroom climate and racial identity in students’ civic engagement during a statewide middle school civics mandate (n = 4707). Findings reveal that students of color experience higher civic engagement and lower civic attitude scores than white-identifying peers, after controlling for school, classroom, and affluence indicators. Students’ perception of whiteness (or perhaps majority status) appeared to correlate with positive civic knowledge and civic attitude, but relative (...) civic inaction. These findings suggest differences in civic outcomes as early as middle school between white-identifying students and students of color. Such differences offer implications for civic education interventions that address not only effective instruction, but civic inequities, students’ perceived agency, and curricular content. (shrink)

In this review, we discuss how two evolutionarily conserved pathways at the interface of DNA replication and repair, template switching and break-induced replication, lead to the deleterious large-scale expansion of trinucleotide DNA repeats that cause numerous hereditary diseases. We highlight that these pathways, which originated in prokaryotes, may be subsequently hijacked to maintain long DNA microsatellites in eukaryotes. We suggest that the negative mutagenic outcomes of these pathways, exemplified by repeat expansion diseases, are likely outweighed by their positive role in (...) maintaining functional repetitive regions of the genome such as telomeres and centromeres. Break-induced replication and template switching are conserved mechanisms of replication fork restart. They do not cause microsatellite instability in prokaryotes, but promote repeat expansion in eukaryotes. We suggest that TS and BIR persisted in eukaryotes despite their mutagenic potential because they help maintain long repetitive telomeres and centromeres. (shrink)

Philosophy is shaped by life and life is shaped by philosophy. This is reflected in The Philosophical I, a collection of 16 autobiographical essays by prominent philosophers.

This volume identifies, discusses and addresses the wide array of ethical issues that have emerged for engineers due to the rise of a global economy. To date, there has been no systematic treatment of the particular challenges globalization poses for engineering ethics standards and education. This volume concentrates on precisely this challenge. Scholars and practitioners from diverse national and professional backgrounds discuss the ethical issues emerging from the inherent symbiotic relationship between the engineering profession and globalization. Through their discussions a (...) deeper and more complete understanding of the precise ways in which globalization impacts the formulation and justification of ethical standards in engineering as well as the curriculum and pedagogy of engineering ethics education emerges. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Desire and Ethics in Hobbes's Leviathan:A Response to Professor DeighAccording to the "orthodox" interpretation of Hobbes's ethics, the laws of nature are the products of means-end thinking. According to the "definitivist" interpretation recently offered by John Deigh, the laws of nature are generated by reason operating on a definition of "law of nature," where the content of this definition is given by linguistic usage.2 I aim to accomplish two (...) things in this note. First, I want to locate as clearly as possible the point at which the orthodox and definitivist interpretations must disagree. Second, I want to show that once the claim on which these interpretations disagree is made clear, it is the orthodox interpretation that turns out to be the superior.31.Deigh takes as the initial test case for the various interpretations of Hobbes's moral theory the passage in chapter fifteen of Leviathan commonly known as "the reply to the fool." The fool, it will be recalled, argues that the precept that covenants be kept is not a rule of reason; Hobbes argues that the fool's "specious reasoning is neverthelesse [End Page 259] false," for to break a valid covenant is to violate a dictate of reason.4 Deigh summarizes his criticism of the orthodox interpretation of this passage as follows.On [the orthodox] interpretation, the dispute between Hobbes and the Fool concerns the deliverances of reason when reason is exercised in the service of self-interest, that is, when its exercise consists in determining the fittest means to achieving the ends set by egoistic desires. Such an exercise falls outside of the definition of reason that Hobbes gives in chapter five. It exemplifies strategic or means-to-end thinking and not deduction. Indeed, it corresponds to what Hobbes, in chapter three, defines as seeking... Hence, the orthodox interpretation of the laws of nature implies that Hobbes, in expounding the laws of nature, went back on the notion of reason he defined in chapter five. It implicitly attributes a fundamental inconsistency to Hobbes's philosophy.5The laws of nature—among which is the rule requiring the keeping of covenants6 —are held by Hobbes to be precepts of reason.7 Hobbes deems them, collectively, a science,8 by which he means that they are the deliverances of reason that pertain to a specific subject-matter.9 But, argues Deigh, Hobbes understands reason in a very specific way, a way that is distinct from the sort of means-end thinking that Hobbes describes in detail in chapter three and labels "seeking." Thus the orthodox interpretation of Hobbes's moral theory is at odds with Hobbes's own conception of the laws of nature individually as dictates of reason and collectively as the science of the true moral philosophy.It is of course true that the sort of thinking that Hobbes calls "seeking" and the sort of thinking that Hobbes calls "reasoning" are fundamentally different. Seeking takes its origin from experience: we have seen certain events following other events, and we retain a trace of that experience in imagination. Thus when we have some desire, there arises "the Thought of some means we have seen produce the like of that which we ayme at; and from the thought of that, the thought of means to that mean; and so continually, till we come to some beginning within our power."10 Those that are able to engage in this sort of thinking well are prudent,11 and on Hobbes's view, humans with comparable experience will exhibit a comparable degree of prudence.12 And because seeking requires only desire to regulate thought and some experience of events succeeding other events, there is nothing distinctively human about this form of thinking, and indeed Hobbes acknowledges that prudence is common to humans and other animals.13 By contrast, the process that Hobbes calls "reasoning" [End Page 260] is characterized independently of desire. All that is essential to reasoning is that it involves the drawing of consequences that follow from sentences formed from aptly-defined general terms.14 Thus all deliverances of reason are, either explicitly or implicitly, conditional in form: necessarily, if p... (shrink)

The main question examined is: How do nurses and other healthcare professionals ensure ethical interprofessional collaboration-in-practice as an everyday practice actuality? Ethical interprofessional collaboration becomes especially relevant and necessary when interprofessional practice decisions are contested. To illustrate, two healthcare scenarios are analyzed through three ethics lenses. Biomedical ethics, relational ethics, and virtue ethics provide different ways of knowing how to be ethical and to act ethically as healthcare professionals. Biomedical ethics focuses on situated, reflective, and nonabsolute principled justification, all things (...) considered; relational ethics on intersubjective, professional, and institutional relations; and virtue ethics on prephilosophical tradition and what it means to be good and to be human embedded in social and political community. Analysis suggests that interprofessional collaboration-in-practice may be more rhetoric than actuality. Key challenges of interprofessional collaboration-in-practice and specific conditions perpetuating dissension and conflict are outlined with specific education and policy recommendations included. (shrink)

Mark C. Murphy addresses the question of how God's ethics differs from human ethics. Murphy suggests that God is not subject to the moral norms to which we humans are subject. This has immediate implications for the argument from evil: we cannot assume that an absolutely perfect being is in any way bound to prevent the evils of this world.

Previous work has reported that children creatively make syntactic errors that are ungrammatical in their target language, but are grammatical in another language. One of the most well‐known examples is medial wh‐question errors in English‐speaking children's wh‐questions (e.g., What do you think who the cat chased? from Thornton, 1990). The evidence for this non‐target‐like structure in both production and comprehension has been taken to support the existence of innate, syntactic parameters that define all possible grammatical variation, which serve as a (...) top‐down constraint guiding children's language acquisition process. The present study reports new story‐based production and comprehension experiments that challenge this interpretation. While we replicated previous observations of medial wh‐question errors in children's sentence production (Experiment 1), we saw a reduction in evidence indicating that English‐speaking children assign interpretations that conform to the medial wh‐question pattern (Experiment 2). Crucially, we found no correlation between production and comprehension errors (Experiment 3). We suggest that these errors are the result of children's immature sentence production mechanisms rather than immature grammatical knowledge. (shrink)

For several decades historians of science have interrogated the relationship between empire and science, largely focusing on European imperial powers. At the same time, scholars have sought alternatives to an early diffusionist model of the spread of modern science, seeking to capture the multi-directional and dialogic development of science and its institutions in most parts of the globe. The papers in this special issue illuminate these questions with added attention to particular claims about the exceptionalism – or not – of (...) Islamic societies’ approach to science, modernity and politics. Each contribution centres individuals and groups who engaged with science theoretically or practically, taking seriously their analytical categories and how they understood and grappled with the social, economic and intellectual transformations happening around them. Collectively, these studies make the case for Middle Eastern and Ottoman history as useful sites for furthering our field's understanding of processes of the globalization of science and how authority, politics and science have been and continue to be interconnected. (shrink)

It seems to be a widely shared view that any defensible desire-fulfillment theory of welfare must be framed not in terms of what an agent, in fact, desires but rather in terms of what an agent would desire under hypothetical conditions that include improved information. Unfortunately, though, such accounts are subject to serious criticisms. In this paper I show that in the face of these criticisms the best response is to jettison any appeal to idealized information conditions: the considerations put (...) forward in support of the appeal to what would be desired in hypothetical circumstances of improved information do not, in fact, give adequate reason to make that appeal. (shrink)

In the first book wholly concerned with divine authority, Mark C. Murphy explores the extent of God's rule over created rational beings. The author challenges the view—widely supported by theists and nontheists alike—that if God exists, then humans must be bound by an obligation of obedience to this being. He demonstrates that this view, the "authority thesis," cannot be sustained by any of the arguments routinely advanced on its behalf, including those drawn from perfect being theology, metaethical theory, normative (...) principles, and even Scripture and tradition. After exposing the inadequacies of the various arguments for the authority thesis, he develops his own solution to the problem of whether, and to what extent, God is authoritative. For Murphy, divine authority is a contingent matter: while created rational beings have decisive reason to subject themselves to the divine rule, they are under divine authority only insofar as they have chosen to allow God's decisions to take the place of their own in their practical reasoning. The author formulates and defends his arguments for this view, and notes its implications for understanding the distinctiveness of Christian ethics. (shrink)

Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality--natural law theory and divine command theory--and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations.

This collection of research papers explores the implications of quantum cosmology and the status of the laws of nature for theological and philosophical issues regarding God's action in the world. The main goal is to contribute to constructive theology as it engages current research in the natural sciences, and to investigate the philosophical and theological elements in ongoing theoretical research in the natural sciences.

Over the course of the last four decades, William Leon McBride has distinguished himself as one of the most esteemed and accomplished philosophers of his generation. This volume—which celebrates the occasion of his seventy-fifth birthday—includes contributions from colleagues, friends, and formers students and pays tribute to McBride’s considerable achievements as a teacher, mentor, and scholar.

Are humans composed of a body and a nonmaterial mind or soul, or are we purely physical beings? Opinion is sharply divided over this issue. In this clear and concise book, Nancey Murphy argues for a physicalist account, but one that does not diminish traditional views of humans as rational, moral, and capable of relating to God. This position is motivated not only by developments in science and philosophy, but also by biblical studies and Christian theology. The reader is (...) invited to appreciate the ways in which organisms are more than the sum of their parts. That higher human capacities such as morality, free will, and religious awareness emerge from our neurobiological complexity and develop through our relation to others, to our cultural inheritance, and, most importantly, to God. Murphy addresses the questions of human uniqueness, religious experience, and personal identity before and after bodily resurrection. (shrink)

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth (...) performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts. (shrink)

The contributors to this book draw upon their unique insights and research experience to address fundamental questions, including: What forms does the will take ...