The analysis of legal communication has almost exclusively been the domain of discourse analysts focusing on the ways that the linguistic system is used to realise legal meanings. Multimodal discourse analysis, where visual forms in combination with traditional linguistic expressions co-occur, is now also an area of expanding interest. Taking a Systemic Functional Linguistics “social semiotic” perspective, this paper applies and critiques an analytical framework that has been used for examining intersemiotic complementarity in various types of page-based multimodal texts by (...) analysing a cartoon satirizing the demands that verdict deliberations can make on a citizen jury seated in a Crown Court. While the multimodal analysis reveals that a straightforward application of this analytical framework is useful in and of itself, it is argued that the framework needs to be extended to also account for further and more complex layers of represented meaning. The analysis is also situated in the wider legal social semiotic, and draws attention to international debates on the efficacy of the jury system itself. (shrink)

Abstract. Don Browning's career involved a deep exploration into the frequently hidden philosophical assumptions buried in various forms of psychotherapeutic healing. These healing methodologies were based on metaphors and metaphysical assumptions about both the meaning of human fulfillment and the ultimate context of our lives. All too easily, psychological theories put forward philosophical anthropologies while claiming to be operating within a modest, empirical approach. Browning does not fault or criticize these psychotherapeutic enterprises for making such claims because he thinks these (...) claims are implicit in all discussions of psychological health. But he does fault these methodologies for not being more forthcoming about their shift from a narrow empirical investigation to a broad-ranging philosophical and even quasireligious orientation. Browning can be described as a “horizon analyst” who constantly pulled back the curtains and helped us see the deeper symbols, images, and metaphysical assumptions behind our psychological investigations. (shrink)

Few scholars have investigated the considerations of over-empowered teams from a non-consequential ethics approach. Leveraging a virtue-based ethics lens of team empowerment, we provide a framework of team ethical orientation and over-empowerment using highly influential market research teams as a basis for our analysis. The purpose of this research is to contrast how teams founded on virtue-based ethics can attenuate ethical dilemmas and negative organizational outcomes from team over-empowerment. We provide a framework of four conditions that include Sophisticated, Suppressed, Contagion, (...) and Impeded to discuss alignment between team ethical orientation and team empowerment. Through this framework, we aim to further our understanding of empowered team behavior between action that is virtuous, moral, and ethical and activity that threatens organizational values and goals. (shrink)

Background To determine whether fetal care paediatric and maternal–fetal medicine specialists harbour differing attitudes about pregnancy termination for congenital fetal conditions, their perceived responsibilities to pregnant women and fetuses, and the fetus as a patient and whether self-perceived primary responsibilities to fetuses and women and views about the fetus as a patient are associated with attitudes about clinical care.Methods Mail survey of 434 MFM and FCP specialists .Results MFMs were more likely than FCPs to disagree with these statements : ‘the (...) presence of a fetal abnormality is not an appropriate reason for a couple to consider pregnancy termination’ ; ‘the effects that a child born with disabilities might have on marital and family relationships is not an appropriate reason for a couple to consider pregnancy termination’ ; and ‘the cost of healthcare for the future child is not an appropriate reason for a couple to consider pregnancy termination’ . 65% MFMs versus 47% FCPs disagreed that their professional responsibility is to focus primarily on fetal well-being . Specialists did not differ regarding the fetus as a separate patient. Responses about self-perceived responsibility to focus on fetal well-being were associated with clinical practice attitudes.Conclusions Independent of demographic and sociopolitical characteristics, FCPs and MFMs possess divergent ethical sensitivities regarding pregnancy termination, pregnant women and fetuses, which may influence clinical care. (shrink)

Laws, codes, and rules are essential for any community, public or private, to operate in an orderly and productive fashion. Without laws and codes, anarchy and chaos abound and the purpose and role of the organization is lost. However, danger is significant, and damage serious and far-reaching when individuals or organizations become so focused on rules, laws, and specifications that basic principles are ignored. This paper discusses the purpose of laws, rules, and codes, to help understand basic principles. With such (...) an understanding an increase in the level of ethical and moral behavior can be obtained without imposing detailed rules. (shrink)

Presents a plethora of approaches to developing human potential in areas not conventionally addressed. Organized in two parts, this international collection of essays provides viable educational alternatives to those currently holding sway in an era of high-stakes accountability.

Aim: Patients with advanced cancer need information about end-of-life treatment options in order to make informed decisions. Clinicians vary in the frequency with which they initiate these discussions.Patients and methods: As part of a long-term longitudinal study, patients with an expected 2-year survival of less than 50% who had advanced gastrointestinal or lung cancer or amyotrophic lateral sclerosis were interviewed. Each patient’s medical record was reviewed at enrollment and at 3 months for evidence of the discussion of patient wishes concerning (...) ventilator support, artificial nutrition and hydration , resuscitation and hospice care. A Kaplan–Meier analysis was also performed and 2-year survival calculated.Results: 60 cancer and 32 ALS patients were enrolled. ALS patients were more likely than cancer patients to have evidence of discussion about their wishes for ventilator support , ANH , DNR and hospice care . At 6 months, 91% of ALS patients were alive compared with 62% of cancer patients; at 2 years, 63% of ALS patients were alive compared with 23% of cancer patients .Conclusions: Cancer patients were less likely than ALS patients to have had documented advanced care planning discussions despite worse survival. This may reflect perceptions that ALS has a more predictable course, that advanced cancer has a greater number of treatment options, or differing views about hope. Nevertheless, cancer patients may be less adequately prepared for end-of-life decision-making. (shrink)

Drawing on a landscape analysis of existing data-sharing initiatives, in-depth interviews with expert stakeholders, and public deliberations with community advisory panels across the U.S., we describe features of the evolving medical information commons. We identify participant-centricity and trustworthiness as the most important features of an MIC and discuss the implications for those seeking to create a sustainable, useful, and widely available collection of linked resources for research and other purposes.

Discrete choice experiments—selecting the best and/or worst from a set of options—are increasingly used to provide more efficient and valid measurement of attitudes or preferences than conventional methods such as Likert scales. Discrete choice data have traditionally been analyzed with random utility models that have good measurement properties but provide limited insight into cognitive processes. We extend a well-established cognitive model, which has successfully explained both choices and response times for simple decision tasks, to complex, multi-attribute discrete choice data. The (...) fits, and parameters, of the extended model for two sets of choice data (involving patient preferences for dermatology appointments, and consumer attitudes toward mobile phones) agree with those of standard choice models. The extended model also accounts for choice and response time data in a perceptual judgment task designed in a manner analogous to best–worst discrete choice experiments. We conclude that several research fields might benefit from discrete choice experiments, and that the particular accumulator-based models of decision making used in response time research can also provide process-level instantiations for random utility models. (shrink)

Children improve at word learning during the 2nd year of life—sometimes dramatically. This fact has suggested a change in mechanism, from associative learning to a more referential form of learning. This article presents an associative exemplar-based model that accounts for the improvement without a change in mechanism. It provides a unified account of children's growing abilities to (a) learn a new word given only 1 or a few training trials (“fast mapping”); (b) acquire words that differ only slightly in phonological (...) form; (c) generalize word meanings preferentially along particular dimensions, such as object shape (the “shape bias”); and (d) learn 2nd labels for already-named objects, despite a persisting resistance to doing so (“mutual exclusivity”). The model explains these improvements in terms of increased attention to relevant aspects of form and meaning, which reduces memory interference. The interaction of associations and reference in word learning is discussed. (shrink)

Justifying involuntary psychiatric treatment on the basis of a judgment that a person lacks capacity is usually expressed in terms of a person’s ability to make a decision about his or her health and treatment. Typically, this relates to the ability to refuse treatment. Exactly what “capacity” means, however, and how one determines when another individual lacks capacity, or lacks sufficient capacity, in this context is particularly controversial, with the United Nations Committee on the Rights of Persons with Disabilities insisting (...) that involuntary treatment be abandoned altogether and capacity tests avoided.Capacity is a concept that has multiple meanings and applications across different disciplines and... (shrink)

Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international law. (...) In Humanitarian Intervention, the contributors explore the many questions surrounding the issue. Is humanitarian intervention permitted by international law? If not, is it nevertheless morally permissible or morally required? Realistically, might not the main consequence of the humanitarian intervention principle be that powerful states will coerce weak ones for purposes of their own? The current debate is updated by two innovations in particular, the first being the shift of emphasis from the permissibility of intervening to the responsibility to intervene, and the second an emerging conviction that the response to humanitarian crises needs to be collective, coordinated, and preemptive. The authors shed light on the timely debate of when and how to intervene and when, if ever, not to. Contributors: Carla Bagnoli, Joseph Boyle, Anthony Coates, Thomas Franck, Brian D. Lepard, Catherine Lu, Pratap Bhanu Mehta, Terry Nardin, Thomas Pogge, Melissa S. Williams, and Kok-Chor Tan. (shrink)

SummaryIan Hunter's essay pursues several lines of argument, one explicit and the others not. The first is that of an historian correcting the mistaken view among Kantian commentators that Kant's conception of international justice had displaced Vattel's as the dominant one in nineteenth- and twentieth-century international thought. The second, which is not acknowledged, is that of a philosopher entering a debate over the relative cogency of the two conceptions. To accomplish this unacknowledged philosophical task, Hunter exaggerates the importance of Kant's (...) metaphysics in his treatment of international justice and understates the element of raison d'état in Vattel's casuistical ethics. The subtext in both lines of argument is criticism, political rather than either historical or philosophical, of Kant's effort to articulate principles of international justice, together with implicit advocacy of Vattelian ethics as a corrective to Kantian ideology. (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)

Elaborating the analogy between the sun and the good, Plato's Socrates tells Glaucon to divide a line αβ into two unequal segments at γ. The result is that αγ represents what is intelligible and γβ what is visible.1 Then Glaucon is to divide each of the two segments by the same ratio as he used in the original division.2 Whatever proportion he used to make the cuts γ, δ, and ε in the divided line, generating its four segments, the geometrical (...) implication is that the two middle segments must be equal in length. As both Nicholas D. Smith and Richard Foley have emphasized, when Socrates reiterates the characteristics of the line at 534a3–5, transposing δγ and γε, there should be no doubt that Plato... (shrink)

It is suggested that a connection between neurogenesis and brain part size is unsurprising. It is argued that neurogenesis cannot, however, be the only factor contributing to brain size. Highly individual post-natal experience radically shapes individual brains, leading to dramatic increases in brain size. The role of comparatively coarse statistical techniques in addressing these subtle biological issues is questioned.

Timothy Fuller has here performed the valuable task of bringing together Michael Oakeshott's most important essays on education. Fuller also includes a helpful introduction which distinguishes Oakeshott's views from those of Allan Bloom and E. D. Hirsch, and which situates Oakeshott's reflections in the context of his basic philosophical commitments. These essays are interesting and important not only in their own right, but also for their illumination of themes present in Oakeshott's longer works.

This paper reports the framework, method and main findings of an analysis of cultural milieus in 4 European countries. The analysis is based on a questionnaire applied to a sample built through a two-step procedure of post-hoc random selection from a broader dataset based on an online survey. Responses to the questionnaire were subjected to multidimensional analysis-a combination of Multiple Correspondence Analysis and Cluster Analysis. We identified 5 symbolic universes, that correspond to basic, embodied, affect-laden, generalized worldviews. People in this (...) study see the world as either a) an ordered universe;b) a matter of interpersonal bond;c) a caring society;d) consisting of a niche of belongingness;e) a hostile place. These symbolic universes were also interpreted as semiotic capital: they reflect the capacity of a place to foster social and civic development. Moreover, the distribution of the symbolic universes, and therefore social and civic engagement, is demonstrated to be variable across the 4 countries in the analysis. Finally, we develop a retrospective reconstruction of the distribution of symbolic universes as well as the interplay between their current state and past, present and future socio-institutional scenarios. (shrink)

The controversial case of Terri Schiavo came to a close on March 31, 2005, with her death following the removal of a percutaneous endoscopic gastrostomy tube. This event followed years of controversy and social upheaval. Voices from across the entire political and cultural spectrums filled the airwaves and op-ed pages of major newspapers. Protests ensued outside of Ms. Schiavo’s care facility. Ms. Schiavo’s parents published videos of their daughter on the internet in an effort to prove that she was not (...) in a vegetative state and could potentially recover. There is a certain mystery to the entire controversy given the fact that, legally, it was largely a matter of settled law. Precedent cases and legal statutes clearly set out the proper procedures and decisions to be followed in this case. Nonetheless, powerful challenges and virulent opposition to these standards arose. Through an investigation of this case as well as a comparative study of the case of Dax Cowart (in particular, the documentary depictions of Dax Cowart’s case) and of a photograph by Joel-Peter Witkin, I plan to investigate the source of these social upheavals and hypothesize that they were largely the result of a phenomenological reaction to the human face. (shrink)

11 April 2013 marks the 50th anniversary of the papal encyclical, Pacem in Terris, a document that has exerted enormous influence on the doctrines of war and peace articulated by Roman Catholic and non-Catholic writers alike. The argument we make here is that in its understanding of human rights, international peace and philosophical anthropology, the encyclical in effect abandons the ?just war? teachings that had guided the church's view of human conflict for 16 centuries, and we argue that the departure (...) is a mistake. (shrink)

Daoist Identity is an exploration of the various means by which Daoists over the centuries have created an identity for themselves. Using modern sociological studies of identity formation as its foundation, it brings together a representative sample of in-depth analyses by eminent American and Japanese scholars in the field. The discussion begins with critical examinations of the ways identity was found among the early movements of the Way of Great Peace and the Celestial Masters. The role of sacred texts and (...) literary culture in Daoist identity formation is discussed. The volume then focuses on lineage formation and the increasing role of popular religious practices, such as spirit-writing, in modern Daoism since the Song dynasty. Finally it discusses the Daoist adaptation and reinterpretation of Buddhist rites, such as the feeding of souls in hell and the use of ritual gestures, and the changes made in contemporary Daoism in relation to traditional rites and popular practices. Contributors: Asano Haruji, Suzanne Cahill, M. Csikszentmihalyi, Edward L. Davis, Terry F. Kleeman, Livia Kohn, Mabuchi Masaya, Maruyama Hiroshi, Mitamura Keiko, Mori Yuria, Peter Nickerson, Charles D. Orzech, Harold D. Roth, Shiga Ichiko, Tsuchiya Masaaki. (shrink)