At a moment when the European Union and globalisation are, in their different contexts, bringing systems of traditional law (like the Common Law), whose texts are presented as monuments to historical legal cultures, into confrontation with systems of written law which claim to be rational embodiments of universal principles of liberal justice, how might we remember Jeremy Bentham, the pioneer of the critique of the former in the name of the latter? This essay in ‘law-and-literature’ looks at the relation between (...) memory, fiction and writing in both the Common Law and in the two last projects for which the radical legal positivist sought to be remembered: the Constitutional Code for the Use of All Nations and All Governments Professing Liberal Opinions (1830) and Auto-Icon: Or, Farther Uses of the Dead to the Living (published posthumously in 1842). By examining Bentham’s linguistic theory and practice, the article raises questions about the relations between the ‘law’ of writing and the writing of law. (shrink)

Before the end of the first year of life, infants begin to lose the ability to perceive distinctions between sounds that are not phonemic in their native language. It is typically assumed that this developmental change reflects the construction of language-specific phoneme categories, but how these categories are learned largely remains a mystery. Peperkamp, Le Calvez, Nadal, and Dupoux (2006) present an algorithm that can discover phonemes using the distributions of allophones as well as the phonetic properties of the allophones (...) and their contexts. We show that a third type of information source, the occurrence of pairs of minimally differing word forms in speech heard by the infant, is also useful for learning phonemic categories and is in fact more reliable than purely distributional information in data containing a large number of allophones. In our model, learners build an approximation of the lexicon consisting of the high-frequency n-grams present in their speech input, allowing them to take advantage of top-down lexical information without needing to learn words. This may explain how infants have already begun to exhibit sensitivity to phonemic categories before they have a large receptive lexicon. (shrink)

Boarding school is a major educational option for many students (e.g., students living in remote areas, or whose parents are working interstate or overseas, etc.). This study explored the motivation, engagement, and achievement of boarding and day students who are educated in the same classrooms and receive the same syllabus and instruction from the same teachers (thus a powerful research design to enable unique comparisons). Among 2,803 students (boardingn= 481; dayn= 2,322) from 6 Australian high schools and controlling for background (...) attributes and personality, we found predominant parity between boarding and day students in their motivation, engagement, and achievement. We also found that classroom-average motivation, engagement, and achievement was not significantly affected by the number of boarders (relative to day students) in the classroom. In addition, the effects of boarding were generally not moderated by students’ background or personality attributes. We conclude that boarders have academic opportunities and outcomes that are comparable to their day student counterparts. Implications for students, teachers, and parents are discussed. (shrink)

Jean-Paul Sartre is the author of possibly the most notorious one-liner of twentieth-century philosophy: 'Hell is other people'. Albert Camus was The Outsider. The two men first came together in Occupied Paris in the middle of the Second World War, and quickly became friends, comrades, and mutual admirers. But the intellectual honeymoon was short-lived. In 1943, with Nazis patrolling the streets, Sartre and Camus sat in a café on the boulevard Saint-Germain with Simone de Beauvoir and began a discussion about (...) life and love and literature that would pull them all together and finally tear them apart. They ended up on opposite sides in a war of words over just about everything: women, philosophy, politics. Their fraught, fractured friendship culminated in a bitter and very public feud that was described as 'the end of a love-affair' but which never really finished. Sartre was a boxer and a drug-addict; Camus was a goalkeeper who subscribed to a degree-zero approach to style and ecstasy. Sartre, obsessed with his own ugliness, took up the challenge of accumulating women; Camus, part-Bogart, part-Samurai, was also a self-confessed Don Juan who aspired to chastity. Sartre and Camus play out an epic struggle between the symbolic and the savage. But what if the friction between these two unique individuals is also the source of our own inevitable conflicts? The Boxer and the Goalkeeper: Sartre vs Camus reconstructs the intense and antagonistic relationship that was (in Sartre's terms) 'doomed to failure'. Weaving together the lives and ideas and writings of Albert Camus and Jean-Paul Sartre, Andy Martin relives the existential drama that still binds them inseparably together and remixes a philosophical dialogue that speaks to us now. (shrink)

Entangled by modernism -- Archaeological use of theories -- Object science -- Group formation, dissent, and change -- A method for analyzing cultural action -- Fragmenting the Bronze Age -- Contestation in the Hopewell.

In this essay I discuss the role of Cassius' philosophical beliefs in his decision to assassinate Caesar. I analyse the situation of Cassius and discuss whether or not Epicureanism can justify the assassination, then I use these conclusions to establish the importance of Epicureanism in Cassius’ decision. I take the relevant aspects of Epicurean philosophy separately and make a judgement as to what parts of Epicureanism encourage or discourage the assassination. I bring this together with a discussion of how each (...) of these aspects contributes to the Epicurean goal of tranquillity and thus assess whether the assassination is the correct course of action for an Epicurean. I conclude that, though some aspects of Epicureanism would encourage Cassius to murder Caesar, the assassination is still unjustifiable due to both the personal and political beliefs of Epicureanism. I further conclude that Cassius held Epicureanism as a theoretical ideology, whilst holding his Republican beliefs as more practical in application. Overall this shows that Cassius political beliefs were more important than his philosophical allegiances in these decisions; this gives weight to Griffin’s theory that Greek philosophy’s role in Roman politics was more theoretical than practical. (shrink)

This book analyzes the philosophical foundations of sensorimotor theory and discusses the most recent applications of sensorimotor theory to human computer interaction, child's play, virtual reality, robotics, and linguistics. -/- Why does a circle look curved and not angular? Why doesn't red sound like a bell? Why, as I interact with the world, is there something it is like to be me? These are simple questions to pose but more difficult to answer. An analytic philosopher might respond to the first (...) by merely observing, ``if we ponder the concept `circle' we find that it is the essence of a circle to be round''; but where does this definition come from? Was it set in stone by the gods, the divine arbiters of circle-ness (red-ness and conscious-ness)? It is a measure of the importance of Kevin O'Regan and Alva Noe's 2001 paper `A sensorimotor account of vision and visual consciousness' that it reveals deep scientific and philosophical insight on these foundational issues of perception. -/- Opening with a chapter from Kevin O'Regan, this collection of new essays continues by presenting fifteen additional essays on as many developments achieved in recent years in this field. It provides readers with a critical review of the sensorimotor theory and in so doing introduces them to a radically new approach in cognitive science. (shrink)

This article deals with the objective nuances of empirical research, within the ambit of the quantitative kind. It begins with an overview of conducting empirical legal research, discussing its research design, implementation, and challenges faced. Theorizing in empirical legal scholarship comes in different forms: in some projects theories seek to provide insight into a wide range of phenomena, others are tailored to fit particular situations. In the clarification process the researcher translates abstract notions into concrete ones. To convert the data (...) into an analyzable form, empirical legal researchers make use of a variety of data-generation mechanisms. Researchers can implement random sampling in various ways depending on the nature of the problem. Data analysis enables researchers to compare their overlap. The goal of empirical legal research is to find facts about the unknown. The last step of empirical legal research is to present its results, for which, documentation is a requisite. (shrink)

The purpose of this multi-study article was to investigate the roles of adaptability and social support in predicting a variety of psychological outcomes. Data were collected from Year 12 college students, university students, and non-studying members of the general public. Findings showed that, beyond variance attributable to social support, adaptability made a significant independent contribution to psychological wellbeing and psychological distress across all studies. Beyond the effects of adaptability, social support was found to make a significant independent contribution to most (...) wellbeing outcomes. In a multi-group analysis comparing predictors of psychological wellbeing in university students and non-studying adults, where the same outcome measures were used, it was found that adaptability played a stronger role for university students, whereas social support played a stronger role for non-studying adults. Finally, there was no evidence of an interaction between adaptability and social support predicting psychological outcomes—adaptability and social support operated as independent main effects. These findings demonstrate the importance of adaptability and social support in uniquely predicting psychological wellbeing in different sample groups. It is argued here that these two factors, should be given greater consideration in discussions of psychological wellbeing, and are relevant to psychological wellbeing at different major developmental life stages. (shrink)

A sense of agency over wilful actions is thought to be dependent on the level of choice and the nature of the outcome. In a preregistered study, we manipulated choice and valence of outcome to assess the relationship between SoA across the depression and psychosis continuum. Participants completed a Libet Clock task, in which they had either a free or forced choice to press one of two buttons and received either a rewarding or punishing outcome. Participants also completed questionnaires on (...) depressive and psychosis-like traits. Rewarding outcomes increased intentional binding. The evidence favoured no effect of choice on average, but this was influenced by inter-individual differences. Individuals reporting more depressive traits had less of a difference in intentional binding between free and forced choice conditions. We show that implicit SoA is sensitive to outcome valence and the effect of choice differs across the depression continuum. (shrink)

Opposition to inducement payments for research subjects is an international orthodoxy amongst writers of ethics committee guidelines. We offer an argument in favour of these payments. We also critically evaluate the best arguments we can find or devise against such payments, and except in one very limited range of circumstances, we find these unconvincing.

ABSTRACT A key selling point of pharmacogenetics is the genetic stratification of either patients or diseases in order to target the prescribing of medicine. The hope is that genetically ‘tailored’ medicines will replace the current ‘one‐size‐fits‐all’ paradigm of drug development and usage. This paper is concerned with the relationship between difference and justice in the use of pharmacogenetics. This new technology, which facilitates the identification and use of difference, has, we shall argue, the potential to lead to injustice either by (...) the inappropriate use of difference or through the inappropriate failure to use difference. We build on empirical data from a detailed study of the range of options for the development of pharmacogenetics to present a consideration of the ethical issues that surround patient and disease stratification. In it we explore the ways in which the use of pharmacogenetics may lead to the creation of new, genetically stratified, forms of difference and new forms of injustice based on these divisions. We also examine the ways in which existing forms of difference and social stratification may interact with the use of pharmacogenetics. In conclusion, we suggest how an understanding of these ethical issues could usefully inform future policy discussions. (shrink)

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment (...) by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. (shrink)

Causal contextualism holds that sentences of the form ‘c causes e’ have context-sensitive truth-conditions. We consider four arguments invoked by Jonathan Schaffer in favor of this view. First, he argues that his brand of contextualism helps solve puzzles about transitivity. Second, he contends that how one describes the relata of the causal relation sometimes affects the truth of one’s claim. Third, Schaffer invokes the phenomenon of contrastive focus to conclude that causal statements implicitly designate salient alternatives to the cause and (...) effect. Fourth, he claims that the appropriateness of a causal statement depends on what is contextually taken for granted or made salient. We show that causal invariantism can explain these linguistic data at least as well as contextualism. We then argue that pace Schaffer, some causal sentences are always correct and can never be plausibly denied, regardless of the context. (shrink)

Andrew Bailey's highly-regarded introductory anthology has been revised and updated in this new concise edition. First Philosophy : Knowing and Being brings together over thirty classic and contemporary readings in epistemology and metaphysics. Mindful of the intrinsic difficulty of the material, the editors provide comprehensive introductions both to each topic and to each individual selection. By presenting a detailed discussion of the historical and intellectual background to each piece, the editors enable readers to approach the material without unnecessary barriers (...) to understanding. A brief introduction to arguments is included, as are appendices on terminology and philosophical puzzles and paradoxes. (shrink)

The paper defends the permissibility of paying inducements to research subjects against objections not covered in an earlier paper in Bioethics. The objections are that inducements would cause inequity, crowd out research, and undesirably commercialize the researcher‐subject relationship. The paper shows how these objections presuppose implausible factual and/or normative claims. The final position reached is a qualified defence of freedom of contract which not only supports the permissibility of inducements but also offers guidance to ethics committees in dealing with practical (...) problems that might arise if inducements are offered. (shrink)

According to the worm theory, persons are (maximal) aggregates of person-stages existing at different times. Personites, on the other hand, are non-maximal aggregates of stages that are nonetheless very much like persons. Their existence appears to make instances of prudential self-sacrifice morally problematic: the personites that exist at the time of the sacrifice but not at the time of the reward seem to be unfairly exploited. Instances of punishment appear to give rise to a similar problem. We argue that these (...) impressions arise from a mistaken assumption about which beings are the primary bearers of properties such as suffering, receiving compensation (in the future) and having (previously) committed a crime. According to the worm theory, stages, rather than persons or personites, possess these properties. Persons and personites have these properties only in a derivative sense. As we show, once this clarification and related ones are made, the apparent moral problems raised by the existence of personites dissolve. (shrink)

This collection brings together the latest work of some of the world’s leading Marxist philosophers and new young researchers. Based upon work presented at meetings of the Marx and Philosophy Society, it offers a unique snapshot of the best current scholarship on the philosophical aspects and implications of Marx's thought.

If spacetime does not exist, it does so in a very unusual way. It curves in response to massive objects. It warps in response to high velocities. The Substance of Spacetime treats spacetime, not merely as a geometric abstraction, but as a real physical substance, opening a window onto reality that would otherwise be impossible to even contemplate.

Pharmacogenetics is an emerging biotechnology concerned with understanding the genetic basis of drug response, and promises to transform the development, marketing and prescription of medicines. This paper is concerned with analysing the move towards segmented drug markets, which is implicit in the commercial development of pharmacogenetics. It is claimed that in future who gets a particular drug will be determined by their genetic make up. Drawing on ideas from the sociology of expectations we examine how pharmaceutical and biotechnology companies are (...) constructing, responding to and realising particular ‘visions’ or expectations of pharmacogenetics and market stratification. We argue that the process of market segmentation remains uncertain, but that the outcome will be fashioned according to the convergence and divergence of the interests of key commercial actors. Qualitative data based both on interviews with industry executives and company documentation will be used to explore how different groups of companies are developing pharmacogenetics in distinct ways, and what consequences these different pathways might have for both clinical practice and health policy. In particular, the analysis will show a convergence of interests between biotechnology and pharmaceutical companies for creating segmented markets for new drugs, but a divergence of interest in segmenting established markets. Whilst biotechnology firms have a strong incentive to innovate, the pharmaceutical industry has no commercial interest in segmenting markets for existing products. This has important implications, as many of the claimed public health benefits of pharmacogenetics will derive from changing the prescribing of existing medicines. One significant implication of this is that biotechnology companies who wish to apply pharmacogenetics to existing medicines will have to explore an alternative convergence of interests with healthcare payers and providers . Healthcare providers may have a strong incentive to use pharmacogenetics to make the prescribing of existing medicine more cost-effective. However, we conclude by suggesting that a question mark hangs over their ability to provide the necessary economic and structural resources to bring such a vision to fruition. (shrink)

Schmitt finds that national sex ratios predict levels of sociosexuality, but how we should interpret this result is unclear for both methodological and conceptual reasons. We criticize aspects of Schmitt's theorizing and his analytic strategy, and suggest that some additional analyses of the data in hand might be illuminating.

Objective Cluster randomised trial (CRT) investigators face challenges in seeking informed consent from individual patients (cluster members). This study examined associations between reporting of patient consent in healthcare CRTs and characteristics of these trials. Study design Consent practices and study characteristics were abstracted from a random sample of 160 CRTs performed in primary or hospital care settings that were published from 2000 to 2008. Multivariable logistic regression was used to examine associations between reporting of patient consent and methodological characteristics, as (...) well as publication features such as date and journal of publication. Results 82 (53.8%) of 160 studies reported obtaining informed consent from individual patients. Reporting of patient consent was independently and positively associated with: smaller cluster size, the evaluation of experimental interventions targeted at patients, data collection from individual patients, publication later than 2004 and publication in higher-impact journals. Conclusions Reporting of consent practices in published CRTs should be improved. Consent practices in published CRTs appear to be related to the type of interventions under study, as well as journal impact and trends in research ethics practices. These findings will inform best practices in trial conduct and ethics review, remediation of errors in consent practices and ethics review and the development of regulatory guidance for CRTs. (shrink)

What can well-meaning people do about terror and genocide? The more we fight against systems of violence, the further we seem to sink into them. This book explores the lives and letters of ordinary and intellectual Germans who faced the ethical challenges of the Third Reich. Trained in history, literary criticism, philosophy, and theology, its four authors look at the role of myths, lies, non-conformity, irony, and modeling in cultivating a self. They explain how we might use these ordinary strategies (...) of selfhood to bear the burden of historical responsibility and be happy doing so.". (shrink)

How does a social enterprise pursue its ethical mandate of social impact growth while navigating the perils of the most vulnerable stage in a venture’s life—scaling up? We observe a small inclusivity social enterprise attempting to scale up rapidly to create equality for people with disabilities throughout the world. Our embedded, ethnographic study is terminated with the venture’s unfortunate demise after their dramatic effort to scale up failed. By examining scaling decision-making and conflicts around creation reasoning longitudinally, our study identifies (...) over-use of effectual logic—a creation reasoning type considered more ethical and more appropriate for high-innovativeness contexts than causal logic—as a major factor in the venture’s failure. From this insight, we extend the parameters of effectuation theory to scaling up and dimensionalize its ethical implications. Guidance for social entrepreneurs to scale up successfully while maintaining ethical integrity is also provided. (shrink)

This roundtable discussion is based on an online symposium – The Promise of Photography: Scale, Measure and Proportion in a Conflicted Visual Milieu – which took place on 17 September 2021. Since its inception, photography has promised to set things to scale, to grant them measure and proportion, a series of promises that have also entailed moments of irrationality or conflict that persist in and continue to shape the era of global networked digital imaging technologies. The symposium started out from (...) the diagnosis that, whilst photography continues to promise an ordered, proportionate and measured world in which things can be set to their proper scale, it also acts in many ways as an agent of dismeasure, disproportion and the unscalable. In light of this, the roundtable discussion presented here examines a range of different meanings that scale, measure and proportion have accrued in the photographic context and sets out to explore conceptual frameworks and research methodologies through which the current situation might be understood. (shrink)

Genome editing enables very accurate alterations to DNA. It promises profound and potentially disruptive changes in healthcare, agriculture, industry, and the environment. This paper presents a multidisciplinary analysis of the contemporary development of genome editing and the tension between continuity and change. It draws on the idea that actors involved in innovation are guided by “sociotechnical regimes” composed of practices, institutions, norms, and cultural beliefs. The analysis focuses on how genome editing is emerging in different domains and whether this marks (...) continuity or disruption of the established biotechnology regime. In conclusion, it will be argued that genome editing is best understood as a technology platform that is being powerfully shaped by this existing regime but is starting to disrupt the governance of biotechnology. In the longer term is it set to converge with other powerful technology platforms, which together will fundamentally transform the capacity to engineer life. (shrink)

Analysis of online mathematics forums can help reveal how explanation is used by mathematicians; we contend that this use of explanation may help to provide an informal conceptualization of simplicity. We extracted six conjectures from recent philosophical work on the occurrence and characteristics of explanation in mathematics. We then tested these conjectures against a corpus derived from online mathematical discussions. To this end, we employed two techniques, one based on indicator terms, the other on a random sample of comments lacking (...) such indicators. Our findings suggest that explanation is widespread in mathematical practice and that it occurs not only in proofs but also in other mathematical contexts. Our work also provides further evidence for the utility of empirical methods in addressing philosophical problems. (shrink)