To the attentive reader, the high contrast between Thoreau's depiction of a life in conformity to "Higher Laws" and his depiction of Wildness can seem to be yet another endorsement of nature/culture dualism. I argue that while such a dualism frames much of Thoreau's "experiment" at Walden Pond, a deeper understanding of the relationship between Higher Laws and Wildness emerges which is decidedly nondualistic, an understanding for which I invoke the Buddhist image of the Dusty World. I conclude (...) with some reflections on Val Plumwood's recent work on the nature/culture dualisms at work in current discussions about wilderness. (shrink)

Using Peter Wirzbicki's Fighting for the Higher Law as its analytic starting, this review essay considers the place of antislavery in the developments of American philosophy. Wirzbicki considers the role of African American Transcendentalists and their appeal to a “higher law,” a concept articulated significantly by a diverse group of thinkers associated with Transcendentalism. By 1850, such thinkers appropriated aspects of British and continental idealism, especially the relationship between “understanding” and “Reason,” to aggressively attack human chattel bondage. In (...) doing so, they not only reflected the tenets of America's broader intellectual ethos (i.e., notions of democracy) but also cultivated the ground for philosophy in the postbellum period. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and (...) implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

The concept of ‘phylogenetic inertia’ is routinely deployed in evolutionary biology as an alternative to natural selection for explaining the persistence of characteristics that appear sub-optimal from an adaptationist perspective. However, in many of these contexts the precise meaning of ‘phylogenetic inertia’ and its relationship to selection are far from clear. After tracing the history of the concept of ‘inertia’ in evolutionary biology, I argue that treating phylogenetic inertia and natural selection as alternative explanations is mistaken because phylogenetic inertia is, (...) from a Darwinian point of view, simply an expected effect of selection. Although Darwin did not discuss ‘phylogenetic inertia,’ he did assert the explanatory priority of selection over descent. An analysis of ‘phylogenetic inertia’ provides a perspective from which to assess Darwin’s view. (shrink)

The concept of ‘phylogenetic inertia’ is routinely deployed in evolutionary biology as an alternative to natural selection for explaining the persistence of characteristics that appear sub-optimal from an adaptationist perspective. However, in many of these contexts the precise meaning of ‘phylogenetic inertia’ and its relationship to selection are far from clear. After tracing the history of the concept of ‘inertia’ in evolutionary biology, I argue that treating phylogenetic inertia and natural selection as alternative explanations is mistaken because phylogenetic inertia is, (...) from a Darwinian point of view, simply an expected effect of selection. Although Darwin did not discuss ‘phylogenetic inertia,’ he did assert the explanatory priority of selection over descent. An analysis of ‘phylogenetic inertia’ provides a perspective from which to assess Darwin’s view. (shrink)

The political articulation of sexual violence, as legally understood today, took place in India from 1970s onward. In succeeding decades, its definition broadened, positioning it in contexts of caste-based violence, of violence against women at workplaces, and of custodial violence. The Delhi gang rape case, in 2012, introduced another set of political and legal articulations, simultaneously revealing the very politics around them. This paper begins by tracking these phases and definitions, to emphasize one area where such violence has been vocalized (...) the most in recent years, i.e. institutes of higher education in India. Legal codes in this context, carry grave contradictions. Beside, altogether different interpretation occurs when these are applied within institutes of higher education via bureaucratic channels. Recorded cases have shown presence since 2013, except in some regions which appear in negligible measure. Therefore, alongside tracing the historical journey of political articulations of sexual violence in institutes of higher education, this paper takes the case of Raipur city, in the state of Chhattisgarh located in the central-eastern part of India, which has negligible presence in sexual violence crime records in the context of higher educational institutes. Based on a close reading of legal texts, and field visits conducted across institutions in Raipur between 2020–2022, I argue that the limitation of law in combating gender violence, appears not when it is neglected, but often when it is consciously reinterpreted against minority communities, despite claiming to protect those very communities. I attempt to reassess the potential of ‘law’ as a tool to combat gender violence, around existing debates around society and law. (shrink)

This study aimed to advance our understanding of 5-year-olds’ behavioral difficulties by modeling and testing both mediational protective and risk pathways simultaneously. Drawing on two national samples from different Western European countries—the United Kingdom and Germany, the proposed model considered observed sensitive parental interactive behaviors and tested child vocabulary as protective pathways connecting parental education with children’s behavioral outcomes; the risk pathways focused on negative parental disciplinary practices linking parental education, parental distress, and children’s difficult temperament to children’s behavioral difficulties. (...) Further, the tested model controlled for families’ income as well as children’s sex and formal child care attendance. Children with comparatively higher educated parents experienced more sensitive interactive behavior, had more advanced vocabulary, and exhibited fewer behavioral difficulties. Children with a comparatively higher level of difficult temperament or with parents who suffered from distress tended to experience more negative disciplinary behavior and exhibited more behavioral difficulties. Additionally, children’s vocabulary skills served as a mechanism mediating the association between parental education and children’s behavioral difficulties. Overall, we found similar patterns of results across the United Kingdom and Germany with both protective and risk pathways contributing simultaneously to children’s behavioral development. The findings suggest that promoting parents’ sensitive interactive behaviors, favorable disciplinary practices, and child’s vocabulary skills have potential for preventing early behavioral difficulties. (shrink)

The 30 chapters of this book form a panorama across various disciplines on five key themes integrating education or research ethics as research ethics and 1) administration, 2) business/finance, 3) education, 4) environment, 5) justice and law. The goals of this book is to gather contributions in various disciplines on contemporary ethics in education and research in the global context and to show by conceptual argumentation how some normative ethical views have a global value and manage to overcome local controversy (...) and disagreement and have an essential relevance for the ethics of research or education. (shrink)

The objective of this paper is to balance two major conceptual tendencies in science policy studies, continuity and discontinuity theory. While the latter argue for fundamental and distinct changes in science policy in the late 20th century, continuity theorists show how changes do occur but not as abrupt and fundamental as discontinuity theorists suggests. As a point of departure, we will elaborate a typology of scientific governance developed by Hagendijk and Irwin ( 2006 ) and apply it to new empirical (...) material. This makes possible a contextualization of the governance of science related to the codification of the “third assignment” of the Swedish higher education law of 1977. The law defined the relation between university science and Swedish citizens as a dissemination project, and did so despite that several earlier initiatives actually went well beyond such a narrow conceptualisation. Our material reveals continuous interactive and rival arrangements linking the state, public authorities, the universities and private industrial enterprises. We show how different but coexisting modes of governance of science existed in Sweden during the 20th century, in clear contrast with the picture promoted by discontinuity theorists. A close study of the historical development suggests that there were several periods of layered governance when interactions and dynamics associated with continuity as well as discontinuity theories were prevalent. In addition, we conclude that the typology of governance applied in the present paper is fruitful for carrying out historical analyses of the kind embarked upon in spite of certain methodological shortcomings. (shrink)

The greater the extent to which a given system rewards the absence of merit, the greater the incentive that people within that system have to perpetuate that system. People who are falsely rewarded have a double stake in the perpetuation of whatever it is that falsely rewarded them. First, without that system and all of the lies surrounding it, such people lose their wealth and their social status. Second, without that system, such people lose their self-respect. The more a given (...) person is overvalued, the more likely it is that his social status and self-image depend on specific institutions and, therefore, the more likely it is that he does not those institutions to be replaced or even improved. (shrink)

In his 1935 treatise on divine sovereignty, the Jewish philosopher Martin Buber introduced the idea of an 'anarchic soul of theocracy.' A decade before, the German jurist Carl Schmitt had coined the term 'political theology' in order to designate the Christian theological foundations of modern sovereignty and legal order. In a specular and opposite gesture, Buber argued that the covenant at Sinai established YHWH as the King of the Israelites and simultaneously promulgated the principle that no human being could become (...) sovereign over this people. In so doing, Buber offered an interpretation of Jewish theocracy that is both republican and anarchic. Republican because, by pivoting on the idea that democracy is a function of a people's fidelity to a prophetic higher law, theocracy displaces the central role of the human sovereign. Anarchic because this divine law is saturated with the messianic aim to put an end to relations of domination between peoples. In this book I show that this republican and anarchic articulation of the discourse of political theology characterises the development of Jewish political theology in the 20th century from Hermann Cohen to Hannah Arendt. (shrink)

This valuable resource provides academic and student affairs practitioners with the tools to make informed legal and ethical decisions in their college and university contexts. Law is constantly changing and is interpreted differently from campus to campus based on institutional culture and history. This text provides higher education practitioners with tools to anticipate practical and responsible action, engaging readers in anticipatory and reflective practice. In this text, Boettcher and Salinas introduce the Institutional Intelligence Model, a helpful framework that guides (...) practitioners in examining a wide variety of campus issues. Throughout the book, readers can explore perspectives from current practitioners and utilize case studies to examine specific topics including admissions, academics, student living, confidential resources, and graduate student experiences. By using the strategies in this book, practitioners will be equipped to successfully navigate legal and ethical issues on their campuses. This text is ideal for graduate students, student and academic affairs professionals, and those in leadership positions responsible for working with and supporting students and staff teams. (shrink)

The idea of natural law, says the author, "is based on a belief that there exists a moral order which every normal person can discover by using his reason, and of which he must take account if he is to attune himself to his necessary ends as a human being." This notion has supported the philosophy and behaviour of men in all cultures since the beginning of society. It is implicit in the Mosaic code; is fundamental in the thought of (...) Aristotle, Thomas Aquinas, Rousseau, Newton and Mill; served as the "higher law" basis for English common law and the American Constitution; and is still relevant today. It is to natural law and to its relation to the condition of our society that the seven distinguished contributors to this volume address themselves. In keeping with their widely divergent backgrounds and different faiths, the writers reveal a refreshing range of opinion within a fundamental unity. (shrink)