Statistical learning enables humans to involuntarily process and utilize different kinds of patterns from the environment. However, the cognitive mechanisms underlying the simultaneous acquisition of multiple regularities from different perceptual modalities remain unclear. A novel multidimensional serial reaction time task was developed to test 40 participants’ ability to learn simple first‐order and complex second‐order relations between uni‐modal visual and cross‐modal audio‐visual stimuli. Using the difference in reaction times between sequenced and random stimuli as the index of domain‐general statistical learning, a (...) significant difference and dissociation of learning occurred between the initial and final learning phases. Furthermore, we used a negative and positive occurrence‐frequency‐and‐reaction‐time correlation to indicate implicit and explicit learning, respectively, and found that learning simple uni‐modal patterns involved an implicit‐to‐explicit segue, while acquiring complex cross‐modal patterns required an explicit‐to‐implicit segue, resulting in a X‐shape crossing of regularity learning. Thus, we propose an X‐way hypothesis to elucidate the dynamic interplay between the implicit and explicit systems at two distinct stages when acquiring various regularities in a multidimensional probability space. (shrink)

All insects appear to have a transport lipoprotein in the hemolymph (blood) that is responsible for moving hydrophobic materials through aqueous compartments. This has been called lipophorin because it is believed to be a reversible transport shuttle. Since most insects undergo some degree of metamorphosis from larval stages to the adult, the need to transport hydrophobic materials or the nature of these materials may change in the course of the life span. This is especially marked in the case of the (...) holometabolous insects – those which undergo drastic change of form, e.g. caterpillar‐pupa‐adult moth. We have found that lipophorin undergoes a molecular metamorphosis paralleling that of the insect. (shrink)

We present a model of similarity‐based retrieval that attempts to capture three seemingly contradictory psychological phenomena: (a) structural commonalities are weighed more heavily than surface commonalities in similarity judgments for items in working memory; (b) in retrieval, superficial similarity is more important than structural similarity; and yet (c) purely structural (analogical) remindings e sometimes experienced. Our model, MAC/FAC, explains these phenomena in terms of a two‐stage process. The first stage uses a computationally cheap, non‐structural matcher to filter candidate (...) long‐term memory items. It uses content vectors, a redundant encoding of structured representations whose dot product estimates how well the corresponding structural representations will match. The second stage uses SME (structure‐mapping engine) to compute structural matches on the handful of items found by the first stage. We show the utility of the MAC/FAC model through a series of computational experiments: (a) We demonstrate that MAC/FAC can model patterns of access found in psychological data; (b) we argue via sensitivity analyses that these simulation results rely on the theory; and (c) we compare the performance of MAC/FAC with ARCS, an alternate model of similarity‐based retrieval, and demonstrate that MAC/FAC explains the data better than ARCS. Finally, we discuss limitations and possible extensions of the model, relationships with other recent retrieval models, and place MAC/FAC in the context of other recent work on the nature of similarity. (shrink)

In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played by (...) predictions of violence in three high stakes legal contexts: capital sentencing, civil commitment hearings, and sexual predator statutes. In Clinical vs. Actuarial Violence Risk Assessment, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In The Neural Correlates of Psychopathy, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection and data analysis that we believe will play an important role when it comes to future neuroscientific research on violence. In The Potential Promise of Neuroprediction, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in The Potential Perils of Neuroprediction, we explore some potential evidentiary, constitutional, and moral issues that may arise in the context of the neuroprediction of violence. (shrink)

What role did poetry, music, song, and dance play in the social and political life of the ancient Greek city? How did philosophy respond to, position itself against, and articulate its own ambitions in relation to the poetic tradition? How did ancient philosophers theorize and envision alternatives to fourth-century Athenian democracy? The City and the Stage poses such questions in a study of the Laws, Plato's last, longest, and unfinished philosophical dialogue. Reading the Laws in its literary, (...) historical, and philosophical contexts, this book offers a new interpretation of Plato's final dialogue with the Greek poetic tradition and an exploration of the dialectic between philosophy and mimetic art. Although Plato is often thought hostile to poetry and famously banishes mimetic art from the ideal city of the Republic, The City and the Stage shows that in his final work Plato made a striking about-face, proposing to rehabilitate Athenian performance culture and envisaging a city, Magnesia, in which poetry, music, song, and dance are instrumental in the cultivation of philosophical virtues. Plato's views of the performative properties of music, dance, and poetic language, and the psychological underpinnings of aesthetic experience receive systematic treatment in this book for the first time. The social role of literary criticism, the power of genres to influence a society and lead to specific kinds of constitutions, performance as a mechanism of gender construction, and the position of women in ancient Greek performance culture are central themes throughout this study. A wide-ranging examination of ancient Greek philosophy and fourth-century intellectual culture, The City and the Stage will be of significance to anyone interested in ancient Greek literature, performance, and Platonic philosophy in its historical contexts. (shrink)

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering (...) a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)

Seeing that socio-legal theory has produced a number of compelling grand theories about law’s development as a body of knowledge, this contribution analyzes legal evolution on the micro-level of decision-making in concrete cases. To that end, law finding is reconstructed as a three stage process of reason-based rule-construction. Legal evolution is argued to stem from the argumentative jumps that are made in this process in order to use what is initially drawn from the body of legal knowledge in new (...) cases. These jumps are justified by additional reasoning that plays a crucial role in that it brings new information to the law finding process. It is explained how this new information gets incorporated in the body of knowledge as a result of discursive maneuvers of legal practitioners. (shrink)

Theater requires artifice, justice demands truth. Are these demands as irreconcilable as the pejorative term “show trials” suggests? After the Second World War, canonical directors and playwrights sought to claim a new public role for theater by restaging the era’s great trials as shows. The Nuremberg trials, the Eichmann trial, and the Auschwitz trials were all performed multiple times, first in courts and then in theaters. Does justice require both courtrooms and stages? In Staged, Minou Arjomand draws on a rich (...) archive of postwar German and American rehearsals and performances to reveal how theater can become a place for forms of storytelling and judgment that are inadmissible in a court of law but indispensable for public life. She unveils the affinities between dramatists like Bertolt Brecht, Erwin Piscator, and Peter Weiss and philosophers such as Hannah Arendt and Walter Benjamin, showing how they responded to the rise of fascism with a new politics of performance. Linking performance with theories of aesthetics, history, and politics, Arjomand argues that it is not subject matter that makes theater political but rather the act of judging a performance in the company of others. Staged weaves together theater history and political philosophy into a powerful and timely case for the importance of theaters as public institutions. (shrink)

This paper focuses on Kant's account of physical geography and his theory of the Earth. In spelling out the epistemological foundations of Kant's physical geography, the paper examines 1) their connection to the mode of holding-to-be-true, mathematical construction and empirical certainty and 2) their implications for Kant's view of cosmopolitan right. Moreover, by showing the role played by the mathematical model of the Earth for the foundations of Kant's Doctrine of Right, the exact relationship between the latter and physical geography (...) is highlighted. Finally, this paper shows how, in Kant's view, the progress of physical geography can be assured if and only if the free circulation of human beings is established and regulated by law. Therefore, examining the mutual relationship between the theory of Earth and the foundations of right opens new perspectives on the relationship between epistemology and practical philosophy within Kant's system. (shrink)

According to the classical paradigm of the judicial act, the courthouse is a temple and the hearing is a ceremony. Even when secularized, justice rests upon a ritual and a ceremonial which confer on it both its sacredness and its authority. The origins of this staging are rooted in myth, religion and cosmogony which stem from the mediation of symbols. Through this ornamentation, the paternal figure is made present and guarantees, in a kind of irrational way, the authority of the (...) institution. Since the mid nineties, the judicial institution has been emancipated from its staging. The modern goals of functionality and transparency of public services have progressively led to the abandoning of the sacredness of the judicial act, thus threatening its symbolic function. The purpose of this contribution is to highlight, through a semiotic approach, the dialectic opposing modernity and the authority of the judicial institution. (shrink)

The study examined the level of moral reasoning of first-year university students in Papua New Guinea; 583 students participated by answering one of the exercises or dilemmas formulated by Kohlberg. The analysis of data primarily focused on what the general level of moral reasoning of the students might be and whether there were differences in their levels of moral reasoning on the basis of gender, culture and religious affiliation. The study showed that around 50 per cent of both male and (...) female students came within the first level, but in the second stage of moral reasoning. Around 25 per cent of both genders came under the stage 4, that is, the law and order stage. A t-test comparison revealed no significant difference between the genders in their moral reasoning. The ‘faculty’ that the students belonged to is the only variable that indicated a statistically significant effect F = 2.159, p = 0.030, est η2 = 0.014923 on the level of moral reasoning. All other variables such as age, religion and the province that the students came from did not show a significant effect. Two new dimensions, ‘reference to God’ and the ‘need for negotiation’, in moral reasoning emerged from the study. (shrink)

The first complete English translation of a groundbreaking work. An ambitious account of the relation of mathematics to logic. Includes a foreword by Crispin Wright, translators' Introduction, and an appendix on Frege's logic by Roy T. Cook. The German philosopher and mathematician Gottlob Frege (1848-1925) was the father of analytic philosophy and to all intents and purposes the inventor of modern logic. Basic Laws of Arithmetic, originally published in German in two volumes (1893, 1903), is Freges magnum opus. It (...) was to be the pinnacle of Freges lifes work. It represents the final stage of his logicist project the idea that arithmetic and analysis are reducible to logic and contains his mature philosophy of mathematics and logic. The aim of Basic Laws of Arithmetic is to demonstrate the logical nature of mathematical theorems by providing gapless proofs in Frege's formal system using only basic laws of logic, logical inference, and explicit definitions. The work contains a philosophical foreword, an introduction to Frege's logic, a derivation of arithmetic from this logic, a critique of contemporary approaches to the real numbers, and the beginnings of a logicist treatment of real analysis. As is well-known, a letter received from Bertrand Russell shortly before the publication of the second volume made Frege realise that his basic law V, governing the identity of value-ranges, leads into inconsistency. Frege discusses a revision to basic law V written in response to Russells letter in an afterword to volume II. The continuing importance of Basic Laws of Arithmetic lies not only in its bearing on issues in the foundations of mathematics and logic but in its model of philosophical inquiry. Frege's ability to locate the essential questions, his integration of logical and philosophical analysis, and his rigorous approach to criticism and argument in general are vividly in evidence in this, his most ambitious work. Philip Ebert and Marcus Rossberg present the first full English translation of both volumes of Freges major work preserving the original formalism and pagination. The edition contains a foreword by Crispin Wright and an extensive appendix providing an introduction to Frege's formal system by Roy T. Cook. Readership: Scholars and advanced students in philosophy of logic, philosophy of mathematics, and early analytic philosophy. (shrink)

Auguste Comte, the founder of sociology, and Norbert Elias, the last classical sociologist, based their sociologies on the idea that humankind has gone from astage of childhood to adult stages. The essay shows that there has actually taken place a psychogenetic evolution of humankind in history. Empirical researchesacross the past generations, namely Piagetian and intelligence cross-cultural researches, have been continuing to support the idea, whether the researchers involved have been aware of it or not. The essay demonstrates further, that the (...) history of society, economy, culture, law, morals, politics, customs, religion, etc. can only be described against the background of developmental psychology. (shrink)

In most countries where Islam is acknowledged as a, or the, source of legislation, abortion is permitted under certain conditions and at certain stages of pregnancy. This article examines some of these laws and argue that they represent a continuation of the logic that governed the views of pre-modern Muslim jurists on abortion, that is, harm aversion. However, these laws also add a ‘modernist’ twist to that logic – rather than repealing that logic altogether, modernist views on ‘rights’ (...) and the advancement of medical knowledge and technology have influenced the priorities of Muslim jurists and lawmakers as far as abortion and the issues associated with it are concerned. This influence has furthermore been possible by a conscious selection and blending of pre-modern views to serve modern concerns. In all this, however, harm aversion remains the centrifugal principle, even when the abortion discourse in Muslim countries appears couched in the modernist discourse of rights. (shrink)

The right to a fair trial as a fundamental human right has been widely established in the international community. While the notion of a fair trial is typically associated with procedural safeguards, fairness can be reflected in spatial dimensions. Courtroom design, apart from achieving its main functional objectives, reflects the institutional ideology of how justice can be staged in public. In alignment with the perspective that courtroom as theatre consists of a sign system, this paper adopts a semiotic approach to (...) the courtroom setting of Chinese criminal trials. With a thick description of space, mobility and attire, it attempts to probe into how judicial ideology is symbolically framed in the field. Drawing from ethnographic fieldwork of three courts, this paper discusses how courtroom space is constructed semiotically as a performative stage on which legal dramas unfold. Ultimately this paper argues that a semiotic investigation of Chinese courtrooms will shed light on an understanding of its judicial value, ideology of justice and dynamics of power relationship. (shrink)

Christopher Marlowe’s Doctor Faustus, like Goethe’s Faust, begins in Faustus’ study. Faustus, renowned for his learning, is reading, going through the entire range of medieval disciplines — Aristotelian logic, Galenic medicine, Justinian law, Jerome’s Vulgate. His rapid deductions, after quoting to himself snatches from the concerned texts, read like a pastiche of the vanity of all human knowledge one encounters in De vanitate scientiarum by Cornelius Agrippa, a rumored alchemist and master of the occult.1 Faustus rejects logic as sterile, and (...) medicine and law as “mercenary,” unfit for the gentleman-scholar, who, according to the contemporary code,2 did not study or work for gain — these are.. (shrink)

Responding to mounting public concern about the shift to managed care, legislation to grant patient protections has dominated the health policy agenda over the past two years. Although some policies, such as laws on maternity length of stay, can be easily dismissed as “body part by body part” micromanagement of medical practice, other initiatives offer substantive, new rights to patients across the spectrum of care. At both the state and the federal levels, the right of enrollees to appeal a (...) denial of treatment or to file grievances about other plan decisions has emerged as a centerpiece of patient protection legislation. Grievance and appeal rights have been embraced as a way to empower patients, to enhance access to treatment, and to improve the quality of care by providing an external mechanism to review treatment denials. (shrink)

Stage theorists invoke the idea of counterpart relations to make sense of how objects are able to persist despite their claim that an object is identical with a single instantaneous stage. According to stage theorists, an object persists if and only if it has a later counterpart that bears the appropriate counterpart relation of identity to it. Whilst objects can and do persist, stages cannot and do not. This seems to amount to a refutation of Leibniz’s law. (...) Stage theorists think that the nature of the counterpart relation invoked depends on how it is that the object is referred to. In this paper, I argue that the context sensitivity that they invoke here gives stage theorists a response to the Leibniz’s Law Problem. (shrink)

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history (...) of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition. (shrink)

In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...) theory may have to learn from (or contribute to) work on vagueness in philosophy of language and philosophy of logic. Here I will not try to state the implications of vagueness for philosophy of law; I will try to set the stage by showing that vagueness is both an important and an unavoidable feature of law. (shrink)

Laws of nature take center stage in philosophy of science. Laws are usually believed to stand in a tight conceptual relation to many important key concepts such as causation, explanation, confirmation, determinism, counterfactuals etc. Traditionally, philosophers of science have focused on physical laws, which were taken to be at least true, universal statements that support counterfactual claims. But, although this claim about laws might be true with respect to physics, laws in the special sciences (...) (such as biology, psychology, economics etc.) appear to have—maybe not surprisingly—different features than the laws of physics. Special science laws—for instance, the economic law “Under the condition of perfect competition, an increase of demand of a commodity leads to an increase of price, given that the quantity of the supplied commodity remains constant” and, in biology, Mendel's Laws—are usually taken to “have exceptions”, to be “non-universal” or “to be ceteris paribus laws”. How and whether the laws of physics and the laws of the special sciences differ is one of the crucial questions motivating the debate on ceteris paribus laws. Another major, controversial question concerns the determination of the precise meaning of “ceteris paribus”. Philosophers have attempted to explicate the meaning of ceteris paribus clauses in different ways. The question of meaning is connected to the problem of empirical content, i.e., the question whether ceteris paribus laws have non-trivial and empirically testable content. Since many philosophers have argued that ceteris paribus laws lack empirically testable content, this problem constitutes a major challenge to a theory of ceteris paribus laws. (shrink)

In recent years the issue of wellbeing has moved centre stage across jurisdictions within a wide range of debates relating to economic, cultural and political changes associated with neoliberalism. This is the backdrop against which the legal profession has itself begun to pay increasing attention to the issue of wellbeing in law. This article explores an aspect of this debate that has tended to be neglected thus far, namely the relationship between the neoliberal corporatisation of universities, gender and questions (...) of wellbeing in the legal profession and law schools. It assesses the meaning of wellbeing in the context of law and considers changes in universities that, it is argued, have reshaped understandings of the academic subject and academic labour in ways that have potential implications for this debate around wellbeing in law. Focusing on gendered dimensions of these shifts, the article argues that the growing literature around wellbeing raises significant questions about legal ethics, values and gender equity in law, as well as about legal professionalism and the place and purpose of legal education and research. Arguing against an individualising logic that would depoliticise personal experience, the paper suggests a complex re-gendering of social relations is having contradictory implications for understanding these contemporary debates around wellbeing, equality and diversity in law. (shrink)

Everyone agrees that law is a constituent of social reality. Law seems to be a system by which conduct is governed and guided. Its usefulness consists, in part, on its ability to govern and guide conduct in its characteristic way. If laws guides the conduct of lay law subjects, then it must be (really) possible for the content of the laws governing their conduct to be known by them under standard social conditions. Moreover, if some degree of efficacy (...) in guiding and governing the conduct of lay law subjects is an existence condition for a legal system, then in existing legal systems enough of the content of directive law is epistemically accessed by enough law subjects so that they can apply it to their situations and correctly determine the act-tokens required of them. In this chapter, I argue that these modest epistemic reflections have important implications for a theory of legal content that have been largely ignored. Holistic theories of legal content, such as Greenberg’s and Dworkin’s, are inconsistent with an adequate account of epistemic access. After demonstrating the same problem in two mainstream non-holistic theories of legal content -- the view that legal content is set entirely by official interpretive conventions, and the view that legal content is set entirely by official intentions – I propose a theory of legal content that meets the epistemic access challenge. On my approach, law is, at its core, centered upon the understandings of law subjects. (This view is meant to exempt constitutional provisions.) More precisely, the legal content of statutes and judicial decisions is built around, and preserves, a core of understandings and meaning-assignments that is the province of anyone with sufficient linguistic ability and relevant socialization. The details of this view are, roughly: (1) in the case of judicial decisions in a common law system, the social salience of the example the decision sets concerning behavior sets the default legal content; (2) in the case of statutory directives, the set of socially salient applications (behavior in situations) sets the default legal content. I say `default’ because my account of legal content is a two-stage account beginning with the default content and permitting a second stage in which considerations from other sources can operate on the default. Yet if a certain amount of efficacy in guiding lay law subjects’ behavior is a requirement for the existence of a legal system, there must be a core of legal content undistorted from its default social salience by a second stage operation. There is and must be a `law of the street’. -/- . (shrink)

In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s regularity (...) and teleology. It shows that they developed a naturalistic teratology in which, in contrast to the naturalistic explanations usually offered by the new science, finality was at central stage. This general point does not impede our noticing that some authors were closer to the views emerging in the Scientific Revolution insofar as they conceived nature as relatively autonomous from God and gave a relevant place to efficient secondary causation. In this connection, this paper suggests that the concept of the laws of nature developed by the new science –as exception-less regularities—transferred to nature’s regularity the ‘strong’ character that Late Scholasticism attributed to finality and that the decline of the Late Scholastic view of finality played as an important concomitant factor permitting the transformation of the concept of laws of nature. (shrink)

John Law left a remarkable legacy of economic concepts from a time when economic conceptualization was very much at an embryonic stage. Yet he is best known--and generally dismissed--today as a rake, duellist, and gambler. This intellectual biography offers a new approach to Law, one that shows him to have been a significant economic theorist with a vision that he attempted to implement as policy in early-eighteenth-century Europe. Law's style, marked by a clarity and use of modern terminology, stands (...) out starkly against the turgid prose of many of his contemporaries. His vision of a monetary and financial system was certainly one of a later age, for Law believed in an economy of banknotes and credit where specie had no role to play. Ultimately Law failed as a policy-maker, in part because of the entrenchment of the financiers and their aristocratic backers and in part because of theoretical flaws in his vision. His struggle for power took place against the background of Europe's first major stock boom and collapse. The collapse of the Mississippi System, which he had conceived, and the South Sea Bubble led to a lasting impression of Law as a failure. It is this impression that Antoin Murphy seeks to dispel. (shrink)

An alternative to the standard endurance/perdurance accounts of persistence has recently been developed: the stage theory (Sider, T. Four-Dimensionalism: an Ontology of Persistence and Time. Oxford: Oxford University Press, 2001; Hawley, K. How Things Persist. Oxford: Oxford University Press, 2001). According to this theory, a persisting object is identical with an instantaneous stage (temporal part). On the basis of Leibniz's Law, I argue that stage theorists either have to deny the alleged identity (i.e., give up their central (...) thesis) or hold that stages are both instantaneous and continuants. I subsequently show that, although stage theory is flexible enough to accommodate the latter claim, the cost for accommodating it is an excessive proliferation of persistence concepts. (shrink)

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and (...) a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)

The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This (...) paper argues that the late-stage demented should not be punished for past crimes. Applicable theories of punishment, especially theories with an appropriate expressivist, or communicative element, fail to justify the imprisonment of the late-stage demented. Further imprisonment would require a capacity for comprehension on the part of the punished, and, under certain narrowly specified conditions, even a capacity to be at least in principle capable of recalling the crime again. (shrink)

This article is about time. It is about time, or more precisely, about the absence of time in law’s digital future. It is also about time travelling and the seemingly ever-popular BBC science fiction television series Doctor Who. Further, it is about law’s timefullness; about law’s pictorial past and the ‘visual baroque’ of its chronological fused future. Ultimately, it is about a time paradox of seeing time run to a time when time runs ‘No More!’ This ‘timey-wimey’ article is in (...) three parts. The first part looks to a hazy remembered past of the legal emblem tradition as presented in Peter Goodrich’s Legal Emblems and the Art of Law to learn visual literacy and also to glimpse the essential elements of modern legality with authority, decision and violence. The second part maps how these images and icons of modern legality are manifest in the Doctor Who fiftieth year anniversary special ‘The Day of the Doctor.’ The third stage looks beyond these first order meanings to understand the chronological chaos of ‘The Day of the Doctor.’ The technicity of the image as a portal through time and space that the narrative revolves around charts the implications for the digital end of time for law. (shrink)

This article draws on Gloria Anzaldúa's philosophy to analyze Latina/o cultural forms as responses to the lawful violence that renders migrants and other minoritarian peoples as disposable subjects. The article turns to Latina/o playwrights and undocumented poets whose art forms, produced under the deportation regime, express a desire for freedom from terrorizing governance. Focusing on Lydia, a play by Mexican American playwright Octavio Solis, and poetry by an undocumented artist, Yosimar Reyes, it links these representations of “illegal” migrants to understand (...) how minoritarian aesthetic practices respond to racial terror and lawful violence. It argues that if we are to map the present beyond terrorizing forms of law, we must center our philosophical thought on “illegal” imaginaries of freedom, not on the cultural forms sanctioned by legality—the latter risk reproducing the logic of state-sponsored violence, whereas the former enact freedom as a practice of everyday life. (shrink)

This article advances, for the first time, a framework for situating public health law interventions as occurring in a predictable four-stage process. Whether the intervention is related to mandatory seat-belt laws, HIV prevention through needle-exchanges, or distracted-driving laws, these public health law interventions have generally been characterized by the following four stages. First, a series of publicized incidents, observances, or outcomes generate significant media attention, and are framed as public health harms. Then, a few select states evaluate (...) such harms and proactively seek testimony or evidence designed to support a law-based intervention. After this initial public engagement, states enact legal frameworks designed to minimize or reduce the harm, often in the absence of full information about the scope of harm or potential effectiveness of the intervention. In contrast, scholars have proposed that at these early stages, lawmaking should be evidence-based and “developed through a continuous process that uses the best available quantitative and qualitative evidence.”5 Our experience evaluating youth sports traumatic brain injury lawmaking suggests that, like other public health issues with sudden and intense media attention, an evidence-based approach was lacking during these early stages. (shrink)

This chapter reexamines the case law of the Court of Justice of the European Union (CJEU) through the prism of the modern structure of the foundational treaties of the EU: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Lisbon Treaty has reshaped the structure of the positive law of the EU, marking a new stage in the process of creating a closer union. For EU procedural law, this has led (...) to the formal establishment of three focal points which reflect the issues involved. At one extreme, are general principles of EU law, which have constitutional status including the general principle of effective judicial protection. In the middle of the spectrum are two provisions which recognize the balancing of national and EU interests required at the procedural level. Finally, the treaties recognize the possibility for substantive regulation at the EU level. (shrink)

The article explores theoretical and practical aspects of evidence collection, examination and assessment in cases of administrative offences, which have been little analyzed as yet. In the article, evidence collection refers to the search for evidence, its discovery and consolidation in a material object. Evidence examination is defined as the establishment of actual data on the circumstances relevant to the case, which are recorded in the evidence, and an additional examination of certain circumstances. Evidence assessment means thinking activities to analyze (...) evidence collected and examined in the case and to establish the truth in the case, according to appropriate criteria. Referring to the opinions of various scientists and the case law of the Supreme Administrative Court of Lithuania, the article reveals elements of evidence in cases of administrative offences, thoroughly explores each stage of the averment process and provides practical examples and makes suggestions for solving problems. The article substantiates a conclusion that early examination and assessment of evidence should also be carried out during the process of drawing up a record of administrative offence. (shrink)

The question of whether biology contains laws has important implications about the nature of science. Some philosophers believe that the legitimacy of the special sciences depends on whether they contain laws. In this dissertation, I defend the thesis that biology contains laws. In Chapter I, I discuss the importance of this problem and set the stage for my inquiry. In Chapter V, I summarize the results of Chapters II, III, and IV and I offer reasons why (...) the position I advance should be preferred over the alternatives. ;In Chapter II, I argue that the epistemic functions of a priori biological laws in biology are the same as those of empirical laws in physics. I establish this claim by showing that zero force laws and singleton force laws in these sciences function in the same way. I conclude that the requirement that laws must be empirical is idle in connection with how laws operate in science. ;In Chapter III, I argue that even if there are ceteris paribus sentences, it is unlikely that there are ceteris paribus laws. If there are genuine ceteris paribus laws, then 'ceteris paribus' should be a proper part of a law statement in which it occurs. I argue that if we interpret 'ceteris paribus' in this way, the containing sentence cannot be a law because it does not satisfy a minimal condition for laws---i.e., "ceteris paribus A 's are B's" and "ceteris paribus A's are not B's" should not both be true. ;In Chapter IV, I argue that the reasons offered for the non-existence of empirical biological laws don't establish the intended conclusion. I, then, argue that the kinds of law we should expect to find in biology are biophysical laws. I defend this claim by providing a priori and a posteriori arguments. The a priori argument states that the complexity of a system is no reason to think that there are no laws about that system. The a posteriori argument states that current research in evolutionary ecology indicates the existence of biophysical laws. (shrink)

The Patient Protection and Affordable Care Act turns to a nontraditional mechanism to improve public health: employer -provided financial incentives for healthy behaviors. Critics raise questions about incentive programs' effectiveness, employer involvement, and potential discrimination. We support incentive program development despite these concerns. The ACA sets the stage for a broad-based research and implementation agenda through which we can learn to structure incentive programs to not only promote public health but also address prevalent concerns.

The Copernican revolution with which Kant transformed the question of whether knowledge is possible into the query as to how knowledge is possible, constitutes one stage in the development of epistemology from a speculative to an observational science — i.e., one that proceeds from the investigation of concrete, existent objects rather than from a small number of presupposed concepts. This path, leading from speculation to examination of the concrete objects of research — for epistemology, to the investigation of the (...) various individual sciences — is long and arduous, and even now it has been traversed only a small part of the way. Although epistemological research has for a long time had some relation to mathematics and physics, and a more concrete exploration of biology and the humanities has recently been launched as well, we undoubtedly still stand at the very beginning of this enterprise. One major task for the epistemological inquiry into a specific discipline is bound up with tracing the course of development of that science — in particular, the radical shifts and readjustments in a science that promise to furnish the epistemologist with valuable information. Seen from this angle, psychology also currently deserves the special attention of epistemology. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity and (...) difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

Piéron's Law describes the relationship between stimulus intensity and reaction time. Previously (Stafford & Gurney, 2004), we have shown that Piéron's Law is a necessary consequence of rise-to-threshold decision making and thus will arise from optimal simple decision-making algorithms (e.g., Bogacz, Brown, Moehlis, Holmes, & Cohen, 2006). Here, we manipulate the color saturation of a Stroop stimulus. Our results show that Piéron's Law holds for color intensity and color-naming reaction time, extending the domain of this law, in line with our (...) suggestion of the generality of the processes that can give rise to Piéron's Law. In addition, we find that Stroop condition does not interact with the effect of color saturation; Stroop interference and facilitation remain constant at all levels of color saturation. An analysis demonstrates that this result cannot be accounted for by single-stage decision-making algorithms which combine all the evidence pertaining to a decision into a common metric. This shows that human decision making is not information-optimal and suggests that the generalization of current models of simple perceptual decision making to more complex decisions is not straightforward. (shrink)

In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ rule emerges as (...) more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)