This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate (...) on the (de)merits of employing legal means in order to redress social wrongs. Secondly, adopting a theoretical perspective upon the difficulties involved in using law to achieve social change, the note goes on to examine more specifically why women from minority cultures may choose to go to the law of the dominant culture in order to obtain relief. (shrink)

Under the market economy, a contract serves as the main regulatory instrument of mutual rights and obligations of private law subjects. Many different types of contracts allow people to satisfy their needs and to achieve the desired results. Most contracts are concluded subject to established common criteria, yet almost every type of contract has also its own specifics. The article examines the marriage contract with its particular features (subjects, content, etc.) and analyses its complex nature and its main purpose. The (...) institution of marriage contract is relatively poorly covered by academic research in Lithuania (academic papers on legal science provide only patchy analysis of these contracts); case law in the resolution of arguments originating from such contracts is also limited and thus not completely established. Despite controversial attitudes towards the purpose of marriage contract, the numbers of concluded prenuptial and postnuptial agreements increase from year to year, i.e. more and more individuals express their will to specify the content of property obligations and to define the legal regime of property. These contracts are usually concluded to avoid unpredictable division of property in case of divorce and to protect family members against possible future claims of third parties (creditors). Bearing in mind that legal provisions governing marriage contracts are subject to diverse interpretation, analysis of this institution appears timely and relevant. (shrink)

This article offers a legal-ethical analysis of recent UK and Dutch proposals to regulate surrogacy proactively through a national system of pre-conception authorization of surrogacy agreements. Wi...

Much contemporary philosophy of emotion has been in broad agreement about the claim that emotional experiences have evaluative content. This paper assesses a relatively neglected alternative, which I call the content-priority view, according to which emotions are responses to a form of pre-emotional value awareness, as what we are aware of in having certain non-emotional evaluative states which are temporally prior to emotion. I argue that the central motivations of the view require a personal level conscious state of pre-emotional (...) value awareness. However, consideration of extant suggestions for the relevant type of evaluative state shows them all to be problematic. As such, I conclude that at present we do not have a persuasive formulation of the content-priority view, and that to get one defenders of the view need to specify which version they are committed to and defend it against the criticisms raised. (shrink)

Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of (...) pre-contractual liability: tort, contractual or sui generis. The question of determining the type of applicable civil liability for breach of a preliminary agreement still remains a matter under debate in the Lithuanian legal doctrine as well as in legal practice. Taking into account the specific interest that may be infringed and the fact that the aggrieved party cannot recover the expectations it had in profit of the sought contract, including the remedy of the right of performance, there is nosufficient reason to apply contractual legal regime for breach of the preliminary agreement either. Hence, the special nature of the pre-contractual phase merits special treatment. In the Lithuanian legal system, liability for breach of a preliminary agreement should therefore be qualified as a separate sui generis kind of liability. In fact, the biggest problem is the scope of damages recoverable under the preliminary agreement. As far as the tendencies of a legal doctrine and jurisprudence of Lithuania and other countries are concerned, the aggrieved party should be compensated not only the direct expenses incurred during the negotiations, but also the value of lost opportunity, which must be based on real, proven, unavoidable income or expenses. It is not possible to claim the profit which would have resulted had the main contract been concluded (the so-called expectation damages). Recent tendencies show that the Lithuanian courts are prone to make no distinction between the concept of the lost opportunity to conclude a transaction with a third party (as reliance damages) and lost profits as expectation damages. The reason for such an interpretation is the fact that the value of lost opportunity can be determined by applying the principle of price difference provided in Article 6.258(5) of the Lithuanian Civil Code, which is used for contractual liability. This principle should be applied in accordance with the Commentary on the UNIDROIT Principles of International Commercial Contracts and in the context of the nature of the preliminary agreement. Therefore, the aggrieved party may claim compensation for damages in the amount of difference between the price of the contract that has not been concluded with a third party and the price of the replacement contract. Such an interpretation reflects the compensatory function of the recovery of the value of the lost opportunity. (shrink)

In 2004 Jürgen Habermas and Joseph Ratzinger participated in a debate on the ‘pre-political moral foundations of the free-state’. Their contributions showed broad agreement on the role of religion in today’s Western secular state and on areas of collaboration and mutual enrichment between Modernity and Christianity in Europe and the West. They diverged regarding the need or not of a common cultural background prior to the existence of the polity. Their diverging point becomes all the more fascinating to the (...) extent that the matter requires wider empirical, analytical and normative research before it can be settled. Nevertheless, the implications that derive from one or the other possibility are very different in terms, for instance, of immigration and citizenship policies. This is already clear in Europe and is becoming more evident in general in Western democracies. (shrink)

The present study examines the processing of subject-verb (SV) number agreement with coordinate subjects in pre-verbal and post-verbal positions in Greek. Greek is a language with morphological number marked on nominal and verbal elements. Coordinate SV agreement, however, is special in Greek as it is sensitive to the coordinate subject's position: when pre-verbal, the verb is marked for plural while when post-verbal the verb can be in the singular. We conducted two experiments, an acceptability judgment task with adult (...) monolinguals as a pre-study (Experiment 1) and a self-paced reading task as the main study (Experiment 2) in order to obtain acceptance as well as processing data. Forty adult monolingual speakers of Greek participated in Experiment 1 and a hundred and forty one in Experiment 2. Seventy one children participated in Experiment 2: 30 Albanian-Greek sequential bilingual children and 41 Greek monolingual children aged 10–12 years. The adult data in Experiment 1 establish the difference in acceptability between singular VPs in SV and VS constructions reaffirming our hypothesis. Meanwhile, the adult data in Experiment 2 show that plural verbs accelerate processing regardless of subject position. The child online data show that sequential bilingual children have longer reading times (RTs) compared to the age-matched monolingual control group. However, both child groups follow a similar processing pattern in both pre-verbal and post-verbal constructions showing longer RTs immediately after a singular verb when the subject was pre-verbal indicating a grammaticality effect. In the post-verbal coordinate subject sentences, both child groups showed longer RTs on the first subject following the plural verb due to the temporary number mismatch between the verb and the first subject. This effect was resolved in monolingual children but was still present at the end of the sentence for bilingual children indicating difficulties to reanalyze and integrate information. Taken together, these findings demonstrate that (a) 10–12 year-old sequential bilingual children are sensitive to number agreement in SV coordinate constructions parsing sentences in the same way as monolingual children even though their vocabulary abilities are lower than that of age-matched monolingual peers and (b) bilinguals are slower in processing overall. (shrink)

If one looks at the current discussion of self-awareness there seems to be a general agreement that whatever valuable philosophical contributions Husserl might have made, his account of self-awareness is not among them. This prevalent appraisal is often based on the claim that Husserl was too occupied with the problem of intentionality to ever really pay attention to the issue of self-awareness. Due to his interest in intentionality Husserl took object-consciousness as the paradigm of every kind of awareness and (...) therefore settled with a model of self-awareness based upon the subject-object dichotomy, with its entailed difference between the intending and the intended. As a consequence, Husserl never discovered the existence of pre-reflective self- awareness, but remained stuck in the traditional, but highly problematic reflection model of self-awareness. (shrink)

Recent debates about Hegel's theoretical philosophy are marked by a surprising lack of agreement, extending all the way down to the most basic question:what is Hegel talking about?On the one hand, proponents of ‘metaphysical’ interpretations generally read Hegel as aiming to articulate the overall structure or organisation of reality itself, and the nature of a highest or most fundamental being. Particularly influential is the idea that Hegel is reviving and modifying a form of Spinoza's metaphysical monism, according to which (...) the organised whole of everything is the highest being, providing a ground or reason for everything real. On the other hand, proponents of ‘non-metaphysical’ interpretations argue Hegel's topic is something else entirely. The idea is that Hegel agrees with Kant in finding pre-critical forms of metaphysics to be uncritical or dogmatic. And the topic of Hegel's positive project is supposed to be not the nature of reality itself, nor any most fundamental being, but rather ‘forms of thought’ akin to Kant's categories and the objectivity, legitimacy, or normative authority of those forms of thought.This is of course only a rough sketch of the most basic recent debate, about which there is more to say than can fit in this paper. My focus here is on what Hegel has to say about nature and natural kinds, in ‘Observing Reason’ from thePhenomenology, and also in similar material from theLogicandEncyclopedia. I intend to argue that this material suggests a surprising way of stepping beyond the fundamental debate sketched above. There can of course be no question of elaborating and defending here a complete interpretation of Hegel's entire theoretical philosophy. I will have to restrict myself to arguing for the unlikely conclusion that there is an approach that can combine and integrate the strongest points made by both sides in the most basic debate shaping recent Hegel interpretation. (shrink)

IntroductionDespite the need for trained physician ethicists, fellowships in clinical ethics are limited and primarily offered to thosewho have completed a graduate degree. The standardization of credentialing for clinical ethics consultants (CECs) and the restructuring of undergraduate medical education allow innovative models to train CECs that can provide an expanded opportunity for formal ethics training at an earlier stage.MethodsAt the University of Michigan Medical School we developed, implemented, and evaluated a pre-doctoral clinical ethics fellowship program from 2017 to 2019 for (...) senior medical students, designed to meet established competencies for CECs. Consultation notes from the beginning and end of the fellowship program were randomly selected for each fellow and independently rated by two faculty ethicists who used the validated Ethics Consultation Quality Assessment Tool (ECQAT).1 Inter rater reliability and trends in scores over time were calculated.ResultsThree students successfully completed the fellowship at the University of Michigan Medical School, conducted at least 50 formal ethics consultations, and spent approximately 40 hours a week on service for a minimum of six months. All students finished the fellowship with teaching and policy development experience, first-authored peer-reviewed manuscripts, and national presentations. The fellows demonstrated improvement in their ECQAT overall holistic rating score; all ended their fellowship with a holistic score of adequate or above. There was 92 percent agreement between raters withrespect to the acceptability of the fellows’ ethics consult notes. Two fellows have taken and passed the Healthcare Ethics Consultant-Certification (HEC-C) exam offered by the American Society for Bioethics and Humanities (ASBH).ConclusionsIntegration of a pre-doctoral fellowship model that meets professional certification standards for clinical ethics consultation creates an opportunity for medical students to become trained CECs early in their career. (shrink)

The World Trade Organization Agreement on the Application of Sanitary andPhytosanitary Measures (the SPS Agreement) isa product of international efforts to blendtrade liberalization with standards of publichealth protection. One of the aims of theAgreement is to facilitate the pre-emption andmanagement of food safety related tradedisputes. An examination of nineteenth-centuryand modern-day trade disputes illustrates howthe SPS Agreement is positioned to carry outthis remit. Historical research andcontemporary experience vindicate the Agreementas a necessary treaty to address severalfactors that influence food (...) safety relatedtrade disputes: economic considerations, riskperception, and regulatory coordination. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a (...) specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

Resumen: Este artículo presenta los resultados de un estudio acerca de la efectividad de la corrección indirecta del error escrito o feedback correctivo escrito indirecto, en la promoción del uso preciso de la concordancia sujeto-verbo en tercera persona singular entre estudiantes con un nivel elemental de competencia lingüística, que aprenden inglés como lengua extranjera a nivel escolar. La muestra estuvo constituida por 39 estudiantes de 8° año de un colegio particular pagado de la región del Biobío, Chile, a quienes se (...) le aplicó un pretest, un posttest-inmediato y un posttest diferido. Los resultados demuestran que la técnica de corrección utilizada representa una herramienta efectiva para la promoción del uso gramaticalmente preciso de la concordancia sujeto-verbo aun cuando los estudiantes poseen un nivel básico de competencia en la lengua extranjera.: This article reports on a study of the effectiveness of indirect correction of written error or indirect written corrective feedback in the promotion of the accurate use of subject-verb agreement in the third person singular among students with an elementary level of linguistic competence who learn English as a foreign language at the school level. The sample consisted of 39 8th grade students at a private school in the Biobío region, Chile, who were given a pre-test, an immediate post-test and a delayed post-test. The results show that the correction technique represents an effective tool for the improvement of the grammatically accurate use of subject-verb agreement even when students have a basic level of competence in the foreign language. (shrink)

This paper argues that the introduction of access agreements following the establishment of the Office for Fair Access (OFFA) has consolidated how English higher education institutions (HEIs) position themselves in the marketplace in relation to widening participation. However, the absence of a national bursary scheme has led to obfuscation rather than clarification from the perspective of the consumer. This paper analyses OFFA's 2008 monitoring report and a sample of twenty HEIs' original 2006 and revised or updated access agreements (2008) to (...) draw conclusions about the impact of these agreements on notions of 'fair access' and widening participation. The authors conclude that, unsurprisingly in an increasingly market-driven system, institutions use access agreements primarily to promote enrolment to their own programmes rather than to promote system-wide objectives. As a consequence of this marketing focus, previous differences between pre-1992 and post-1992 institutions in relation to widening participation and fair access are perpetuated, leading to both confusion for consumers and an inequitable distribution of bursary and other support mechanisms for the poorest applicants to HE. (shrink)

Background Seeking assent from children for participation in medical research is an ethical imperative of numerous institutions globally. However, none of these organizations provide specific guidance on the criteria or process to be used when obtaining assent. The primary objective of this scoping review was to determine the descriptions of assent discussed in the literature and the reported criteria used for seeking assent for research participation in pre-adolescent children. Methods Medline and Embase databases were searched until November 2020 using the (...) term “assent” in the title or abstract. Inclusion criteria were (1) studies enrolling children which specifically described operationalization of the assent process and (2) studies of the assent process which provided a description of assent. Data collected included participant information, patient criteria for seeking assent, guidelines referenced, description of assent reported, how assent was obtained and assent information presented, and reported assent rate. For qualitative articles focusing on the assent process, important themes were identified. Results A total of 116 articles were included of which 79 (68.9%) operationalized assent and 57 studies (%) described the assent process. The most commonly reported criterion used to determine the ability of a child to assent was age (35.4%, 28/79). The reported minimal age for obtaining pediatric assent varied considerably across and within jurisdictions (5–13 years; median 7.5 years, IQR 7.0, 9.75). Cognitive ability was reported as a criterion for obtaining assent in 5.1% (4/79) of studies. Assent rates were only reported in 17.7% (14/79) of citations and ranged from 32.0 to 100%. Analysis of the 57 studies describing the assent process identified several themes, including age thresholds, assessment of capacity, variable knowledge of pediatric assent and parental roles. Conclusion We found significant variation in criteria used for assessment of patient capacity, delivery of information used to obtain assent and documentation of the assent process. While we acknowledge that individual children, settings and jurisdictions may require different approaches to obtaining assent, there should be agreement on important principles to be followed with resulting common guidance on assessing capacity, delivering information and documentation of the assent process for publication. (shrink)

Human capital, the knowledge, skills, and abilities of employees, can be a powerful driver of firm performance, yet the mobility of human capital raises questions over how to protect it. Employee non-compete agreements, which limit an employee’s ability to start or join a rival firm, have received recent attention. While past research considers whether non-competes are effective tools at limiting employee mobility, few have considered if non-competes should be used. Filling this gap, I propose a normative schema for when employee (...) non-competes can be considered ethical. A review of the limited existing literature on the ethics of employee non-competes finds that prior research has mostly focused on questions of property rights, which I propose as being nested within other ethical constructs. Analysis of two real-world illustrative examples of employee non-competes leads to a three-prong approach to evaluating non-competes based on ethical dimensions of power, autonomy, and fairness. I end by proposing—although further research is warranted—a measure of employee-level absorptive capacity, which is closely coupled with an employee’s pre-employment human capital, as an employee-level attribute independent of, although likely coincidental with, the tripartite requirements of power/autonomy/fairness for ethical employee non-compete agreements. (shrink)

Carrying out analyses performed on the provisions of “Pre-Islamic Divine Laws”, which is described as the religious provisions introduced by the prophets before Prophet Muhammad is one of the questions of debate in Shafiī Sect. The reason laying out of this controversy is based on the question, whether the provisions enunciated via the prophets before the Prophet Muhammad are recognized within the legal aspect, or not. On the other hand, there is no controversy between the procedural, on non-binding for Muslims, (...) about of the previous divine communiqués, which are not mentioned in the Qur’ānor the sunnah, and previous divine messages with evidence that they were abolished despite their presence in these two sources. In the same way, there is no debate about the fact that the provisions of the previous divine religions that were in force for Muslims, such as fasting, also remained in force for Muslims. In this case, with taking part in the Qur’ān or the sunnah, the provisions that there is no evidence about whether they abolished or not, it is debated that they are for Muslims binding or not.In this study, our objective is to carry out analyses and researches on the methodological conceptions of Imam Shafiī and Shafiī lawmen with regards to Pre-Islamic Divine Laws, which have no evidence for being retained in force or being abolished for Muslims despite being mentioned in the Qur’ān or the sunnah, as well as on the level of theoretical conceptions of these scribes being put into practice within the scope of fiqh examples.SummaryIt is a must to identify the scope of Pre-Islamic Divine Laws (Sharia Man Qablanā) [shariah of those before us], which is discussed in terms of being recognized as a shariah evidence by the Shafiī lawmen before analzying the opinions of Shafiī Sect followers. Yet, setting forth the opinions in a healthy manner is based on the identification of the question of debate. Within this context, it is a must to draw up the lines and borders in what the Shafiī lawmen / lawyer and canonists / judiciary mean by the term “Pre-Islamic Divine Laws (Sharia Man Qablanā)” in order to designate the practical results of methodological discussions on Pre-Islamic Divine Laws.Sharia Man Qablanā, of which lexical meaning is “shariah of those before us” is defined in fiqh as follows: “These are the religious provisions acquainted by the prophets before Prophet Muhammad”. In fact, this definition can be categorized as “general” in terms of the evidential value of Sharia Man Qablanā. In that, since it is not possible to carry out an analysis on the reliability of the informational value in the previous divine notices, which cannot be conferred neither in the Holy Qur’ān and the sunnah, each and every lawmen and canonists, including those recognizing Sharia Man Qablanā as hujjat (proof), have come to an agreement that the early divine notices that are not mentioned in the Holy Qur’ān and sunnah will not be recognized in terms of its informational value for Muslims, thus being besides the mark to discuss its validity and bindingness. In this case, the outlines of Sharia Man Qablanā, as controversial in terms of its hujjat value, must be specified. Belonging the earlier divine religions as per the works of lawmen, Sharia Man Qablanā is subjected to a categorization of four part with regard to provisions mentioned in the Holy Qur’ān or the sunnah, whether they are recognized as hujjat by Muslims. 1. The provisions that are not mentioned in the Holy Qur’ān or the sunnah, yet being mentioned only in the earlier monotheistic revelations. The fiqh lawmen have come to an agreement that these provisions are not binding for Muslims, and even that it is not permissible to act in accordance with these provisions. Because, there is no certain information on whether these provisions are reliable.2. The earlier divine notices, which have been proven to be nullified for Muslims, despite being mentioned in the Holy Qur’ān or the sunnah. Since these divine notices have lost their validity, there is a consensus among Muslims that they are not recognized as hujjat. The following hadith is shown as an example as of from the sunnah for this part “Pillage was not halal to those before me, but not it is halal to me” (Muslim, “Masājid”, 56). In that, this hadith indicates that prohibition with regards to the pillage, which was not permissible to the earlier ummahs (nations), is not recognized by Muslims. Thus, rendering pillage as not halal cannot be attributed to Muslims. 3. The provisions of earlier divine religions, which remained in force about Muslims. The canonists exemplify this matter with “fasting”. It can be understood from the verse “O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint.” (al-Baqara 2/183) that the fasting was a provision as prescribed for the earlier ummahs, which remained in force for Muslims as well. There is no controversy on the matter that fasting is prescribed for Muslims too, as it can be clearly seen from the verse. The hadith of the Prophet Muhammad “It (sacrificing an animal for God) is the sunnah from your Ancestor Ibrahim” (Ibn Majah, “Adāhi”, 3) can be shown as an example that sacrificing an animal for god is applicable to Muslims as well. As a matter of fact, this hadith attests that sacrificing an animal for god is applicable to Muslims, as it is in the religion of the Prophet Ibrahim. 4. The provisions from earlier divine religions, which have no evidence whether they were revoked or remaimed in force for Muslims. The canonists cannot find any evidence for the provisions with regards to the alternative utilization of something between the partners to be recognized as applicable for Muslims within the scope of the following verses: “Here is a she-camel: she has a right of watering, and ye have a right of watering, (severally) on a day appointed” (al-Shu‘ara 26/155) and “And tell them that the water is to be divided between them: Each one's right to drink being brought forward (by suitable turns)” (al-Qamar 54/28). Similarly, there is no evidence that the provisions concerning the retailation, as prescribed in Torah, whether they remained in force or were revoked, as it can be seen in the verse “We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal” (al-Ma’ida 5/45). (shrink)

Parenting is a transforming experience for the life of parents that brings joy and satisfaction as well as challenges, frustration, and demands. The aim of this study was to determine the relationship between “parental stress and satisfaction” and work-home conflict, perceived social support, and global satisfaction with life, and to determine the moderating role of the parent's gender. A sample of 244 participants was studied: 49.6% (121) mothers and 50.4% (123) fathers with children between 2 and 12 years of age. (...) The data was analysed by means of multiple linear regression models and Beta regression for stress and parental satisfaction, respectively, and they were complemented with general and conditional dominance analyses to estimate the relevance of the predictors. Mothers presented higher levels of parental stress and satisfaction than fathers. Being female, having two children, and home-work conflict were predictors of a higher parental stress. Age was also a predictor, as younger parents and also those older than 37 years of age showed more parental stress. Having no partner and being male was associated to lower parental satisfaction. In conclusion, parental stress and satisfaction emerge as clearly differentiated dimensions of parenting experience. The gender gap in parental stress could be linked to the persistence of traditional roles regarding the care of the children, in agreement with the findings in other research. (shrink)

This paper tests the claims of cultural theory using the formation of climate change policies in Sweden, the United States, and Japan as case studies. The theory posits that any social group consists of three main cultural types: the egalitarian, the market -oriented, and the hierarchical. Though all groups contain elements of each type, one cultural type usually prevails, giving the group its unique decision-making character. This paper applies cultural theory at the national level, testing to what extent the theory (...) is able to project how countries will respond in addressing the issue of global warming. The results suggest that cultural theory may be useful to those involved in developing international agreements, enabling them to formulate regimes which are compatible with various cultural styles. (shrink)

The pre-discoursive agreement. Theory of scientific truth and procedural justification. — On basis of the constructive philosophy of science, the attention is focussed to the pre-discoursive elements of discoursive theories of truth. By using a pragmatic approach it is shown that foundation of those pre-discoursive elements, like discourse rules or the basic terminology, is possible though the discourse rules are not available at this level. Propositions which can be shown in the presented theory to be true, always describe a (...) know-how instead of a knowledge about the world. As a result, the relevance of the presented analysis for prototheories of scientific disciplines is investigated. (shrink)

The objective of this paper is to discuss the tradition of adversarialism as it relates to mediation and to suggest ways in which good practice can be encouraged amongst mediation advocates. Mediation is a key mechanism for dispute resolution in the English and Welsh jurisdiction. The practice of the lawyers involved in the mediation process is shaped by various factors including training, codes of practice, behavioural norms and court guidance. The default skill set the legal professionals bring to the process (...) is founded on the principle of adversarialism which is not suited to the core values of mediation. The developing professional group of mediation advocates, many of whom are from the legal professions, may benefit from a voluntarily assumed code of practice. The alternatives are to include provisions covering behaviour in mediation into existing codes of conduct for legal professionals and the adoption of more collaborative pre-meditation agreements which include lawyers. A combination of these measures is recommended as a way to assist the process of realignment of the advocate role from that of legal adversary to collaborator. (shrink)

Wage inequality and land and labor insecurity are critical barriers to sustainable palm oil production among those employed in Indonesia’s small-farm sector. Palm oil contract farming, a pre-harvest agreement between palm oil farmers and transnational processors and traders, facilitates smallholder participation in global agro-commodities markets, improves smallholder livelihoods, and promotes local economic development in rural communities. But negative externalities in contract farming can emerge depending on whether corporate guarantors of contract-farm assets manage farmer assets equitably. This study explores how (...) contract farming agreements between smallholder farmers of palm oil and futures traders of palm stocks impact the long-term economic development of smallholder palm oil farming in Indonesia. We examined the relative impact of transnational palm oil corporations on smallholder assets in the Indonesian palm oil industry using annual financial data (2003–2019) from Indonesian commodities trading firms. Temporal trends indicated that oligopolistic market conditions were strongly associated with a growing comparative advantage in palm oil, the asymmetric accumulation of land resources by transnational firms, and excessive firm revenues from palm farmer activities. Our regression modelling results suggested that the comparative advantage in Indonesian palm oil was driven by state-oriented policies such that benefit palm traders but disadvantage smallholder farmers. And, through non-metric multidimensional scaling, we demonstrated that smallholder farmers were inefficiently used by firms to produce palm oil, but that smallholder assets were a significant driver to firm revenue growth. Notwithstanding the adverse consequences on palm farmers, these results indicate a set of unique effects of palm oil contract farming on land and labor security in Southeast Asia. The paper reasons that a system of inequitable contract farming is operating in the Indonesian palm oil industry, whereby smallholder palm oil farmers are trapped by transnational firms into socio-economic farming schemes of low oil yield and non-market activity, thus providing palm firms with lucrative non-market revenue streams. Large transnational trading firms are thereby implicated in the long-run commodification of smallholder land for marginal fruit production while exploiting a farmer’s non-market advantages through the manipulation of farmer assets. (shrink)

There is widespread agreement that an adequate understanding of the nature of science (NOS) is a critical component of scientific literacy and a major goal in science education. However, we still do not know many specific details regarding how students and teachers learn particular aspects of NOS and what are the most important feature traits of instruction. In this context, the main objective of this review is to analyze articles from nine main science education journals that consider the teaching (...) of NOS to K-12 students, pre-service, and in-service science teachers in search of patterns in teaching and learning NOS. After reviewing 52 studies in nine journals that included data regarding participants’ views of NOS before and after an intervention, the main findings were as follows: (1) some aspects of NOS (empirical basis, observation and inference, and creativity) are easier to learn than others (tentativeness, theory and law, and social and cultural embeddedness), and subjective aspects of NOS and “the scientific method” seemed to be difficult for participants to understand; (2) the interventions most frequently lasted 5 to 8 weeks for students, one semester for pre-service teachers, and 1 year for experienced teachers; and (3) most of the interventions incorporated both decontextualized and contextualized activities. Given the substantial diversity in the methods and intervention designs used and the variables studied, it was not possible to infer a pattern of more-effective NOS teaching strategies from the reviewed studies. Future investigation should focus on (a) disentangling whether a difference exists between the easy and difficult aspects of learning NOS and formulating a theoretical explanation for distinguishing the two types of aspects and (b) assessing the effectiveness of different kinds of courses (e.g., history of science, NOS or informal) and strategies (e.g., hands-on vs. drama activities; SSI vs. HOS). (shrink)

This article presents the Gabriel Tarde’s monadology and imitation philosophy to show its complementarity in the constitution of a “universal sociological point of view”, the sociological interpretation of all phenomena, material, biological and human. On the one hand Tarde establishes a neo-monadology by opening Leibniz's closed monads. The open monads constitutes, through their mutual possessions, the agreements and harmonies that Leibniz explained by the system of pre-established harmony. These agreements are monadic societies of many types who explain the constitution of (...) any phenomenon. On the other hand Tarde tries, through its imitation philosophy, to provide a scientific substrate to an emerging sociology, taking the imitation as the anthropological aspect of an associative activity that is present in the entire cosmos. Thus, trying to purify to depurate the social science’s own subject, Tarde find a kind of causality that, for the clarity by which she offers itself to the observer on the human societies, is extended to the entire nature, illuminating the obscure and inaccessible background in which the monadic associations take place. (shrink)

This paper considers the connection between concepts, conceptual schemes and grammar in Wittgenstein’s last writings. It lists eight claims about concepts that one can garner from these writings. It then focuses on one of them, namely that there is an important difference between conceptual and factual problems and investigations. That claim draws in its wake other claims, all of them revolving around the idea of a conceptual scheme, what Wittgenstein calls a ‘grammar’. I explain why Wittgenstein’s account does not fall (...) prey to Davidson’s animadversions against the idea of a conceptual scheme as a force operating on a pre-conceptual content. In the sequel I deny that the distinction between grammatical and empirical propositions disappears in the last writings: it is neither deliberately abandoned, nor willy-nilly undermined by the admission of hinge propositions in On Certainty or by the role accorded to agreement in judgement. (shrink)

Despite broad agreement that the vulnerable have a claim to special protection, defining vulnerable persons or populations has proved more difficult than we would like. This is a theoretical as well as a practical problem, as it hinders both convincing justifications for this claim and the practical application of required protections. In this paper, I review consent-based, harm-based, and comprehensive definitions of vulnerability in healthcare and research with human subjects. Although current definitions are subject to critique, their underlying assumptions (...) may be complementary. I propose that we should define vulnerability in research and healthcare as an identifiably increased likelihood of incurring additional or greater wrong. In order to identify the vulnerable, as well as the type of protection that they need, this definition requires that we start from the sorts of wrongs likely to occur and from identifiable increments in the likelihood, or to the likely degree, that these wrongs will occur. It is limited but appropriately so, as it only applies to special protection, not to any protection to which we have a valid claim. Using this definition would clarify that the normative force of claims for special protection does not rest with vulnerability itself, but with pre-existing claims when these are more likely to be denied. Such a clarification could help those who carry responsibility for the protection of vulnerable populations, such as Institutional Review Boards, to define the sort of protection required in a more targeted and effective manner. (shrink)

There is widespread agreement among philosophers that we refer to, think or talk about non-existent objects in much the same way as we refer to, think or talk about other objects. This paper explores the case of objects of fiction in the perspective of Husserlian philosophical phenomenology. In this perspective, everything objective is dealt with as object of some consciousness and as presenting itself in subjective modes. Within the scope of this paper, the focus of the descriptive analysis will (...) be on showing in some detail how conscious experiences of intentionally referring to something fictive in pre-linguistic intuitive acts of imagining something are to be articulated with regard to the object of consciousness, i.e. noematically, and with regard to the intentional act, i.e. noetically. Special attention will be given to the reflective finding of some consciousness being intentionally implied and thereby modified in the very performance of an intentional act of representifying (vergegenwärtigen) something in fiction and to the question of identity and individuation of objects in fiction. It will be argued that modifications occurring in representificational consciousness, which Husserl called ‘as-if’ or ‘quasi’ modifications, provide the key for understanding the phenomenology of fictional intentionality and reference. (shrink)

will give an overview of the fascinating communication between G. W. Leibniz and Pierre Bayle on pre-established harmony and sudden change in the soul which started from Bayle’s footnote H to the article “Rorarius” in his Dictionnaire historique et critique (1697) and ended in 1706 with Bayle’s death. I will compare the views presented in the communication to Leibniz’s reflections on the soul in his partly concurrent Nouveaux essais sur l’entendement humain (1704) and argue that many topics in the communication (...) with Bayle are discussed with more details in Nouveaux essais. I also argue that the communication helped Leibniz to respond to Locke’s views concerning uneasiness in An Essay Concerning Human Understanding, II, xxi. Bayle himself, however, was not able to completely understand Leibniz’s views on spontaneity as he was unaware of the contents of the Nouveaux essais, especially the systematic role of petites perceptions in Leibniz’s philosophy of mind. I will also reflect on whether the controversy could have ended in agreement if it would have continued longer. (shrink)

This chapter contains sections titled: Life Before the Fall A Short Pre‐History of the Absurd Camus's Absurd Problematic One Giant Leap Back, One Small Step Forward: the Problem of Meaning Camus's Existential Phenomenology Camus's Sisyphean Ethics The Myth of Sisyphus notes further reading.

In this essay, our goal is to discover science in Martin Heidegger's Introduction to Metaphysics, lecture notes for his 1935 summer semester course, because, after all, his subject is metaphysica generalis, or ontology, and this could be construed as a theory of the human brain. Here, by means of verbatim quotes from his text, we attempt to show that indeed these lectures can be viewed as suggestion for an objective scientific theory of human perception, the human capacity for deciphering phenomena, (...) ie. hermeneutics in its broadest sense. His added notes from the 1953 edition, all of which are comments, not corrections, imply that he never abandoned these thoughts on metaphysics, despite all of his utterances about a need to overcome it, and their popular interpretations to that effect. In his presentation, he further develops the colorful and intuitive style, an hermeneutic language, that he had created in his earlier work Being and Time. Of human existence he speaks in such expressions as being-there -- ``Dasein" -- and being-in-the-world, the latter term no longer explicit in the 1935 lectures. The lectures can be read as a pre-scientific analysis of how man, being-there, perceives his environment, artfully managing to deal with the manifold challenges posed by the phenomenal structures of the universe. Man attentively recognizes and deciphers their pre-linguistic contents and, while trying to make sense of it all, puts into words his awareness. There are numerous passages in Heidegger's work where he in fairly concrete terms provides us with hints for a perceptive science that, as it turns out and is demonstrated below in this essay, can be explained in terms of recent advances in neuroscience. It would be implausible, even unthinkable, unimaginable, for there not to be found essential agreement between on one hand his philosophical insights gained by hermeneutics of Dasein, into how our brain functions to let us know what's happening & on the other hand, scientific discoveries obtained through anatomy, EEG, fMRI, TMS, electrode implants, etc, of brain structures & functions employed in perception of the momentary scene. A nexus between science and philosophy is provided in Heidegger's definitive treatment of the Logos, here interpreted as a structural version of Platonic forms (Burchard, 2014). This allows for neurolinguistic brain functions to serve as meta-context for Heidegger's being-in-the-world. The logical functions of Dasein's anatomical brain are performed by the logos machine, formerly the human soul, using top-down processing based on a global context, the noumenal cosmos which humans maintain internally. Heidegger's 1942/43 winter semester lectures Parmenides extend in unbroken fashion his 1935 work, proving that he never abandoned, as is widely claimed, his metaphysical avenue of thought. (shrink)

In Morals by Agreement, David Gauthier convinced many of us—including Peter Danielson, author of Artificial Morality, the latest successor to MA—that morality can best be understood as a set of intramental, strategic responses to patterns of otherwise dilemmatic, game-theory-reducible interactivity. More particularly, Gauthier and Danielson are of a mind that: characteristic of our interactive circumstances are the Prisoner's Dilemma and its cognates; these are circumstances in which our pre-moral, straightforward maximizing disposition fares considerably worse than “constrained maximization” —the latter (...) being the dispositional essence of morality—and it should not surprise us, therefore, that selective pressure has rendered most of us just so morally disposed. In short, what Danielson calls the “fundamental” justification for morality—that is, one “that does not appeal to any of the concepts of [morality itself]” —is that: conventional wisdom notwithstanding, nice guys—though, adds Danielson, not necessarily the nicest guys—finish first! (shrink)

Why scientists reach an agreement on new experimental methods when there are conflicts of interest about the evidence they yield? I argue that debiasing methods play a crucial role in this consensus, providing a warrant about the impartiality of the outcome regarding the preferences of different parties involved in the experiment. From a contractarian perspective, I contend that an epistemic pre-requisite for scientists to agree on an experimental method is that this latter is neutral regarding their competing interests. I (...) present two medical experiments (on smallpox inoculation and Mesmerism) in which debiasing procedures such as blinding and data tabulation provided warrants of impartiality that made people agree on the experimental design even if they disagreed on the outcome. (shrink)

Much recent scholarship on Plato’ Crito has revolved around the controversy about the relationship and possible compatibility between the arguments Socrates gives in his own person (SocratesS) and those he gives in the person of the Laws (SocratesL). By contrast, the relation between the arguments given by SocratesL and those given by Crito continues to be seen as uncontroversial: by the end of the dialogue, commentators agree, Crito has no choice but to concede to the force of SocratesL’s arguments. Against (...) this traditional reading, this paper will argue not only that SocratesL’s arguments fail to secure Crito’s agreement, but also that two characters’ attempts to communicate end at an impasse that seems to leave little room for meaningful shared discourse –and may even undermine Crito’s belief in the possibility of meaningful speech. My interpretation is informed by Socrates’ account (at 49c9-e3) of the need for and nature of a “common ground” as a prerequisite for genuine dialogue. This passage, I argue, challenges the traditional analysis of Crito as the representative of a particular value system or a particular “type”, demanding, instead, a consideration of the effect of Socrates’ arguments upon Crito in light of a more robust view of the latter’s perspective. Such a reconsideration has consequences not only for our appreciation of the dramatic structure of the dialogue, but also for how we understand one of the dialogue’s central, if underexplored, themes: the belief in a shared logos and the psychagogic necessity and perils of testing that belief. (shrink)

L'étude passe en revue les principaux édifices connus, qui peuvent servir de repères pour une reconstitution des « itinéraires » de Pausanias, tout particulièrement dans la partie du site qui correspond à l'agora, celle-ci n'étant guère éloignée du rempart, comme la découverte d'un tronçon l'a révélé. Dans le cadre ainsi fixé on peut tenter d'établir la jonction entre les secteurs urbains et les ensembles cohérents que l'on parvient à cerner dans le texte du Périégète, comme celui relatif au « téménos (...) » de Zeus. Pour délimiter ce « chapitre » argien de la Description de là Grèce, il importe de découper adéquatement le texte, en interrompant une première chaîne de curiosités avant la mention du kritérion (II 20,7), et de rapprocher les passages relatifs à Méduse dont l'un (20,7) clôt la description du «téménos» de Zeus tandis que l'autre (21,5) débute la description de la deuxième partie de l'agora. On propose ensuite de localiser les édifices et les curiosités signalées par Pausa- nias de 20,1 à 20,7 dans la partie de l'agora limitée par la salle hypostyle, le portique Sud et la crépis récemment exhumée qui lui fait face. Les éléments essentiels en sont la salle hypostyle — probablement le mnèma Danaou —, l'orchestra — près de laquelle se dressaient les statues des chefs thébains et de Choreia notamment —, le nymphée — l'édifice où «les femmes argiennes adoraient Adonis» — et la piste de course, le lieu des courses nuptiales décrites par Pindare dans la IXe Pythique. (shrink)

In _War by Agreement_ (Oxford and New York: Oxford University Press, 2019), Yitzhak Benbaji and Daniel Statman argue that the ‘war convention’ – i.e. the international laws and conventions that are widely accepted to govern the use of force between sovereign states – represents a morally binding contract. On their understanding, the war convention replaces a pre-contractual morality governed by principles that so-called reductive individualists have identified and argued for over the past twenty years. This paper argues that if we (...) take Benbaji and Statman’s contractarian interpretation of the war convention seriously, we have to conclude that its _in bello_ rules have moral force only in contexts where its _ad bellum_ rules were breached non-culpably. While Benbaji and Statman do not attend to this limitation of their argument, it has important ramifications in practice, as it is frequently unclear in the context of war whether one’s adversary is acting in good faith. (shrink)

There is widespread agreement among many contemporary philosophers of mind that, in addition to their qualitative character, phenomenally conscious states contain some kind of subjective character. The subjective character of experience is most commonly characterized as a subject’s awareness that it is currently undergoing a specific experience. This idea is nothing new, of course, and something similar has been proposed quite some time ago by Franz Brentano, among others, under the name of “secondary consciousness”. That fact hasn’t remained unnoticed. (...) Indeed, a number of competing contemporary accounts of subjective character refer to Brentano as an early proponent of their particular view. This article pursues two objectives. First, it argues that the so-called self-mode account of subjective character is, for systematical reasons, superior to self-representational and pre-reflective accounts. Second, the article briefly suggests a novel interpretation of Brentano’s concept of secondary consciousness that sets it in relation to the previously introduced self-mode account and bears some similarities with Thomasson’s adverbial interpretation of Brentano’s concept of secondary consciousness. (shrink)

This paper proposes a novel egalitarian answer to the question: what initial distribution of the world’s resources could possibly count as just? Like many writers in the natural rights tradition, I take for granted that distributive justice consists in conformity to pre-political principles that apply to property regimes. Against the background of that assumption, the paper distinguishes between broadly Lockean and broadly Grotian conceptions of distributive justice in the state of nature. After an extended critique of various versions of the (...) Lockean approach, it argues for a particular, egalitarian version of the Grotian view. My position is based on what I call the common ownership formula, which says: each human being, as an equal co-owner of the world’s resources, may use those resources provided that the terms of their use are in conformity with principles that no co-owner could reasonably reject as the basis of an informed, unforced general agreement between all of the world’s co-owners who sought to find equitable principles of resource division. Using this principle, I suggest how an unequivocally egalitarian view of pre-political entitlement can be justified without recourse to any alleged duty to ameliorate the effects of brute bad luck on people’s lives. (shrink)

The aim of this paper is to provide an analysis of Gilles Deleuze’s interpreta- tion of the Critique of Pure Reason such as it appears in his 1963 monographic work La Philosophie critique de Kant. We will show that the originality of Deleuze’s reading lies in reading the critical project in retrospect, taking the sensus communis problem from the Critique of the Power of Judgment and applying it to the first Critique. In so doing, he points out the survival of (...) a pre-established harmony, now interiorized, both between heterogeneous faculties and between the matter of phenomena and the Ideas of reason. This implies a reinterpretation of the critical project that has passed unnoticed within Kantian studies and that places the Third Critique as the ground of the previous ones, unveiling common sense as a condition of possibility of knowledge. (shrink)

Harmony is a concept essential to Confucianism and to the way of life of past and present people in East Asia. Integrating methods of textual exegesis, historical investigation, comparative analysis, and philosophical argumentation, this book presents a comprehensive treatment of the Confucian philosophy of harmony. The book traces the roots of the concept to antiquity, examines its subsequent development, and explicates its theoretical and practical significance for the contemporary world. It argues that, contrary to a common view in the West, (...) Confucian harmony is not mere agreement but has to be achieved and maintained with creative tension. Under the influence of a Weberian reading of Confucianism as "adjustment" to a world with an underlying fixed cosmic order, Confucian harmony has been systematically misinterpreted in the West as presupposing an invariable grand scheme of things that pre-exists in the world to which humanity has to conform. The book shows that Confucian harmony is a dynamic, generative process, which seeks to balance and reconcile differences and conflicts through creativity. Illuminating one of the most important concepts in Chinese philosophy and intellectual history, this book is of interest to students of Chinese studies, history and philosophy in general and eastern philosophy in particular. (shrink)

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a (...) different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy. (shrink)

In a recent paper, William K. Goosens objects to the arguments I set out some time ago attacking the logical empiricist analysis of reduction as applied to genetics. In these works I did not argue against the claim that Mendelian genetics was being reduced to molecular biology. Nor did I conclude, as Goosens asserts, that in the case of genetics, “reduction is insignificant”. To the contrary, I repeatedly stated that, “given our pre-analytic intuitions about reduction,” the reduction of Mendelian to (...) molecular genetics “is a case of reduction, a paradigm case”. And in agreement with Kenneth Schaffner I argued that reduction “in some very important, pre-analytic sense has taken place and is taking place in genetics”. The target of my objections to reduction in genetics was not “reduction” in some pre-analytic sense. Nor was it the various explications which have appeared since. Rather it was the notion of theory reduction set out a generation ago by such logical empiricists as Ernest Nagel, The particular version of this analysis which I chose to attack was that presented by Schaffner ; for Schaffner's later views, see his. I chose Schaffner's explication to attack because I thought it was the best of its kind and because it was the only defense of the logical empiricist analysis at the time which used genetics as one of its chief examples. Contrary to Goosens' assumption, in criticizing Schaffner's explication, I did not thereby “endorse” it. (shrink)

Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We standardly (...) think that these oaths and contracts give soldiers new moral reasons to fight. Many also think that soldiers who are ordered to fight by legitimate states have moral reasons to obey those orders, just in virtue of their provenance. -/- We generate these reasons through our voluntary decisions—to sign the contract or swear the oath; to form the institutions and give the orders. They are therefore additional moral reasons, on top of the reasons that we have prior to those voluntary decisions. Simply because they are additional, these reasons seem limited in force and scope. In particular, they arguably cannot override pre-existing commitments. For example, if I already have a duty not to kill an innocent person, my promising to breach that duty seems irrelevant to whether doing so is permissible. Similarly for orders issued by legitimate states: the citizens of a legitimate state have pre-existing moral reasons not to kill the innocent; by what alchemy could their state's orders allow combatants to override those reasons? If additional reasons could make prohibited acts permissible, as Sidgwick observed, ‘we could evade any moral obligation by promising not to fulfil it, which is clearly absurd’ (Sidgwick 1981). -/- We might conclude that the contracts soldiers sign, the oaths they take and the orders they receive have weight only when they pertain to acts that soldiers are already allowed to do. Perhaps these additional reasons can require actions that would otherwise be merely permissible, but they cannot license otherwise prohibited actions. If this is right, then it radically limits the relevance of contracts, oaths and authority to the ethics of war, since almost all conflicts involve soldiers breaching some pre-existing moral duties. -/- This is obviously true for soldiers fighting on the unjust side in a war, since almost all the killing they do is unjust. But in all actual wars soldiers on the just side also kill at least some innocent victims, whether as part of an unjust subordinate aim, as ‘collateral damage’, or simply because their adversaries are not sufficiently responsible for unjustified threats to be liable to be killed. If additional reasons cannot make otherwise prohibited acts permissible, then they are practically irrelevant to the ethics of killing in war, at least in this sense: if fighting is impermissible without regard to the contract, oath and authority of their state, then fighting is simply impermissible. -/- This is a tempting conclusion. In this paper, however, I argue that even if it is true at the level of objective permissibility, it is false for subjective permissibility. And since subjective permissibility is where (at least some of) the action is in the ethics of war, this is a significant result. I explain first why additional reasons can make otherwise subjectively prohibited acts permissible, then why just war theorists should care more than they seem to about subjective permissibility. Although I focus throughout on the ethics of war, my arguments generalise to all kinds of additional reasons. (shrink)

Notwithstanding considerable disagreement over certain details, writers on Plato’s theory of recollection are broadly in agreement regarding some of the main features. Setting aside for the moment those who doubt that Plato ever held any considered doctrine so well‐developed as to constitute a theory of recollection at all, we can find a substantial scholarly consensus in favor of the following account: In the Phaedo Plato argues that all human beings recollect the Forms. Such recollection is meant to account for (...) the formation of (at least certain) abstract concepts under which we classify particulars. Since all human beings engage in such conceptual thought to some degree, all human beings recollect; people could not even hold pre‐philosophical true opinions concerning such things as the good and the equal if they had not at least dimly recollected the Good or the Equal. Recollection is therefore not the exclusive prerogative of philosophers, although philosophers are the only ones who proceed beyond the initial shadowy recollection of the Forms and fully recover their knowledge.1 I have specified that this is the consensus about the Phaedo, since most scholars find a different doctrine in the Meno. Ackrill, Gallop, Gulley, and Bluck, for example, hold that the Meno is concerned with the knowledge of propositions and the Phaedo with the formation of concepts.2 Bostock finds that the Meno does not, but the Phaedo does, implicate recollection in.. (shrink)

Democratic politicians face pressures unknown to the prerogative rulers of the early modern period when toleration was first formulated as a political ideal. These pressures are less often expressed as demands by groups or individuals for the permission of practices they dislike than for their restraint or outright prohibition; tolerant dispositions are less politically clamorous. The executive structure of toleration as a virtue, together with the ‘fact of reasonable pluralism’, make conflicts over toleration peculiarly intractable. Political conflicts are apt to (...) take the form of mutual allegations ofintolerance; indeed, the problem of ‘tolerating the intolerant’, far from being a marginal case, is central to the theory and practice of toleration. Toleration thus exemplifies a category mistake committed in much contemporary political theory, particularly in its contractualist versions: the threshold of the political lies precisely where rational agreement proves impossible. The main prospects for democratic toleration are thus pre-emptive. The main way in which this can happen is by cultivating executive dispositions: in other words, encouraging people to detach themselves from strong evaluative commitments, so that toleration does not become politically contentious to start with. But this involves losses as well as gains. The gains in civil harmony and peace are obvious. The cost for tolerant political actors is alienation from what they have good reason to value. (shrink)

Biobanks are precariously situated at the intersection of science, genetics, genomics, society, ethics, the law and politics. This multi-disciplinarity has given rise to a new discourse in health research involving diverse stakeholders. Each stakeholder is embedded in a unique context and articulates his/her biobanking activities differently. To researchers, biobanks carry enormous transformative potential in terms of advancing scientific discovery and knowledge. However, in the context of power asymmetries in Africa and a distrust in science born out of historical exploitation, researchers (...) must balance the scientific imperative of collecting, storing and sharing high quality biological samples with obligations to donors/participants, communities, international collaborators, regulatory and ethics authorities. To date, researcher perspectives on biobanking in South Africa have not been explored and documented. In-depth qualitative interviews were conducted with a purposive sample of 21 researchers – 8 in the Western Cape, 3 in Gauteng and 10 in Kwa-Zulu Natal. Interviews lasted approximately 40–60 min and were audiotaped with consent. Thematic analysis of the transcribed interviews was conducted by the co-authors. Researchers articulated serious concerns over standardised regulatory approaches that failed to consider the heterogeneity of biobanks. Given that biobanks differ considerably, guidelines and RECs need to stratify risk accordingly and governance processes and structures must be flexible. While RECs were regarded as an important component of the governance structure researchers expressed concern about their expertise in biobanking. Operational management of biobanks was regarded as an ethical imperative and a pre-requisite to building trust during consent processes. While broad general consent was preferred, tiered consent was thought to be more consistent with respect for autonomy and building trust. Material Transfer Agreements were often lacking when biosamples were exported and this was perceived to impact negatively on trust. On the other hand, researchers believed that authentic community engagement would help to build trust. Building trust will best be achieved via a system of governance structures and processes that precede the establishment of a biobank and monitor progress from the point of sample collection through to future use, including export. Such governance structures must be robust and must include comprehensive national legislation, policy and contextualised guidelines. Currently such governance infrastructure appears to be lacking in many African countries including South Africa. Capacity development of all stakeholders including REC members will enhance expeditious and efficient review of biobanking protocols which in turn will reinforce trust in the researcher-donor relationship. Science translation and community engagement in biobanking is integral to the success of biobanking in South Africa. (shrink)

Contemporary interdisciplinary research is often described as bringing some important changes in the structure and aims of the scientific enterprise. Sometimes, it is even characterized as a sort of Kuhnian scientific revolution. In this paper, the analogy between interdisciplinarity and scientific revolutions will be analysed. It will be suggested that the way in which interdisciplinarity is promoted looks similar to how new paradigms were described and defended in some episodes of revolutionary scientific change. However, contrary to what happens during some (...) scientific revolutions, the rhetoric with which interdisciplinarity is promoted does not seem to be accompanied by a strong agreement about what interdisciplinarity actually is. In the end, contemporary interdisciplinarity could be defined as being in a ‘pre-paradigmatic’ phase, with the very talk promoting interdisciplinarity being a possible obstacle to its maturity. (shrink)

It has been widely received that one of Gregor Mendel’s most important contributions to the history of genetics is his novel work on developmental information (for example, the proposal of the famous Mendelian ratios like 1:2:1, 3:1, and 9:3:3:1). This view is well evidenced by the fact that much of early Mendelians’ work in the 1900s focuses on the retrodiction (viz. the re-analysis of the pre-exist data with Mendel’s approach). However, there is no consensus on what Mendel meant by development (...) (Entwicklung). Nor is there an agreement on the interpretation of Mendel’s laws of developmental series (Entwicklungsreihe). This chapter revisits Mendel’s notions of development and developmental series. Firstly, I argue that Mendel’s use of development is greatly influenced by Gärtner’s. Secondly, I show Mendel’s work on developmental series are novel and important for its new ways of experimentation, conceputalisation, and analysis. Thirdly, I argue that Mendel’s laws of developmental information were not about heredity. (shrink)

Habituation is defined as a decline in responding to a repeated stimulus. After more than eighty years of research, there is an enduring consensus among researchers on the existence of 9-10 behavioral regularities or parameters of habituation. There is no similar agreement, however, on the best approach to explain these facts. In this paper, we demonstrate that the Sometimes Opponent Processes (SOP) model of stimulus processing accurately describes all of these regularities. This model was proposed by Allan Wagner as (...) a quantitative elaboration of Priming Theory, which states that the processing of a stimulus, and therefore its capacity to provoke its response, depends inversely on the degree to which the stimulus is pre-represented in short-term memory. Using computer simulations, we show that all the facts involving within-session effects or short-term habituation might be the result of priming from recent presentations of the stimulus (self-generated priming). The characteristics involving between-sessions effects or long-term habituation would result from the retrieval of the representation of the stimulus from memory by the associated context (associatively-generated priming). (shrink)

Measuring responsiveness to gain accurate diagnosis in populations with disorders of consciousness (DOC) is of central concern because these patients have such complex clinical presentations. Due to the uncertainty of accuracy for both behavioral and neurophysiological measures in DOC, combined assessment approaches are recommended. A number of standardized behavioral measures can be used with adults with DOC with minor to moderate reservations relating to the measures’ psychometric properties and clinical applicability. However, no measures have been standardized for use with pediatric (...) DOC populations. When adapting adult measures for children, confounding factors include developmental considerations for language-based items included in all DOC measures. Given the lack of pediatric DOC measures, there is a pressing need for measures that are sensitive to the complex clinical presentations typical of DOC and that can accommodate the developmental levels of pediatric populations. The music therapy assessment tool for awareness in disorders of consciousness (MATADOC) is a music-based measure that has been standardized for adults with DOC. Given its emphasis on non-language based sensory stimuli, it is well-suited to pediatric populations spanning developmental stages. In a pre-pilot exploratory study, we examined the clinical utility of this measure and explored trends for test-retest and inter-rater agreement as well as its performance against external reference standards. In several cases, MATADOC items in the visual and auditory domains produced outcomes suggestive of higher level functioning when compared to outcomes provided by other DOC measures. Preliminary findings suggest that the MATADOC provides a useful protocol and measure for behavioral assessment and clinical treatment planning with pediatric DOC. Further research with a larger sample is warranted to test a version of the MATADOC that is refined to meet developmental needs of pediatric DOC populations. (shrink)

Good chefs know the importance of maintaining sharp knives in the kitchen. What’s their secret? A well-worn Taoist allegory offers some advice. The king asks about his butcher’s impressive knifework. “Ordinary butchers,” he replied “hack their way through the animal. Thus their knife always needs sharpening. My father taught me the Taoist way. I merely lay the knife by the natural openings and let it find its own way through. Thus it never needs sharpening” (Kahn 1995, vii; see also Watson (...) 2003, 46). Plato famously employed this image as an analogy for the reality of his Forms (Phaedrus, 265e). Just like an animal, the world comes pre-divided for us. Ideally, our best theories will be those which “carve nature at its joints”. While Plato employed the “carving” metaphor to convey his views about the reality of his celebrated Forms, its most common contemporary use involves the success of science -- particularly, its success in identifying distinct kinds of things. Scientists often report discovering new kinds of things -- a new species of mammal or novel kind of fundamental particle, for example -- or uncovering more information about already familiar kinds. Moreover, we often notice considerable overlap in different approaches to classification. As Ernst Mayr put it: No naturalist would question the reality of the species he may find in his garden, whether it is a catbird, chickadee, robin, or starling. And the same is true for trees or flowering plants. Species at a given locality are almost invariably separated from each other by a distinct gap. Nothing convinced me so fully of the reality of species as the observation . . . that the Stone Age natives in the mountains of New Guinea recognize as species exactly the same entities of nature as a western scientist. (Mayr 1987, 146) Such agreement is certainly suggestive. It suggests that taxonomies are discoveries rather than mere inventions. Couple this with their utility in scientific inference and explanation and we have compelling reason for accepting the objective, independent reality of many different natural kinds of things.. (shrink)