Background: Mental healthcare needs person-tailored interventions. Experience Sampling Method (ESM) can provide daily life monitoring of personal experiences. This study aims to operationalize and test a measure of momentary reward-related Quality of Life (rQoL). Intuitively, quality of life improves by spending more time on rewarding experiences. ESM clinical interventions can use this information to coach patients to find a realistic, optimal balance of positive experiences (maximize reward) in daily life. rQoL combines the frequency of engaging in a relevant context (a (...) ‘behavior setting’) with concurrent (positive) affect. High rQoL occurs when the most frequent behavior settings are combined with positive affect or infrequent behavior settings co-occur with low positive affect. Methods: Resampling procedures (Monte Carlo experiments) were applied to assess the reliability of rQoL using various behavior setting definitions under different sampling circumstances, for real or virtual subjects with low-, average- and high contextual variability. Furthermore, resampling was used to assess whether rQoL is a distinct concept from positive affect. Virtual ESM beep datasets were extracted from 1058 valid ESM observations for virtual and real subjects. Results: Behavior settings defined by Who-What contextual information were most informative. Simulations of at least 100 ESM observations are needed for reliable assessment. Virtual ESM beep datasets of a real subject can be defined by Who-What-Where behavior setting combinations. Large sample sizes are necessary for reliable rQoL assessments, except for subjects with low contextual variability. rQoL is distinct from positive affect. Conclusion: rQoL is a feasible concept. Monte Carlo experiments should be used to assess the reliable implementation of an ESM statistic. Future research in ESM should asses the behavior of summary statistics under different sampling situations. This exploration is especially relevant in clinical implementation, where often only small datasets are available. (shrink)

The regulative and semantic ‘distance’ of electronic conferencing may impede the topical alignment and the unambiguous interpretation of messages, hindering collaborative learning processes. Compared to a face-to-face environment, in electronic conferencing this distance may be caused by a reduced strength of online ‘context’. Explicitly defining the context of messages in an electronic environment may increase the writers’ co-intentionality and co-reference. An annotation tool is presented, strengthening the context by providing a document under discussion and enabling users to anchor their messages (...) in specific passages of the document. Preliminary results indicate that the tool does indeed reinforce the context, focusing the online discussion around a certain topic (increasing co-intentionality) and providing a frame of reference for single messages (increasing co-reference). (shrink)

Language’s intentional nature has been highlighted as a crucial feature distinguishing it from other communication systems. Specifically, language is often thought to depend on highly structured intentional action and mutual mindreading by a communicator and recipient. Whilst similar abilities in animals can shed light on the evolution of intentionality, they remain challenging to detect unambiguously. We revisit animal intentional communication and suggest that progress in identifying analogous capacities has been complicated by (i) the assumption that intentional (that is, voluntary) production (...) of communicative acts requires mental-state attribution, and (ii) variation in approaches investigating communication across sensory modalities. To move forward, we argue that a framework fusing research across modalities and species is required. We structure intentional communication into a series of requirements, each of which can be operationalised, investigated empirically, and must be met for purposive, intentionally communicative acts to be demonstrated. Our unified approach helps elucidate the distribution of animal intentional communication and subsequently serves to clarify what is meant by attributions of intentional communication in animals and humans. (shrink)

Capturing the lively modernist milieu of Kenneth Burke's early career in Greenwich Village, where Burke arrived in 1915 fresh from high school in Pittsburgh, this book discovers him as an intellectual apprentice conversing with "the moderns." Burke found himself in the midst of an avant-garde peopled by Malcolm Cowley, Marianne Moore, Jean Toomer, Katherine Anne Porter, William Carlos Williams, Allen Tate, Hart Crane, Alfred Stieglitz, and a host of other fascinating figures. Burke himself, who died in 1993 at the age (...) of 96, has been hailed as America's most brilliant and suggestive critic and the most significant theorist of rhetoric since Cicero. Many schools of thought have claimed him as their own, but Burke has defied classification and indeed has often been considered a solitary, eccentric genius immune to intellectual fashions. But Burke's formative work of the 1920s, when he first defined himself and his work in the context of the modernist conversation, has gone relatively unexamined. Here we see Burke living and working with the crowd of poets, painters, and dramatists affiliated with Others magazine, Stieglitz's "291" gallery, and Eugene O'Neill's Provincetown Players; the leftists associated with the magazines The Masses and Seven Arts; the Dadaists; and the modernist writers working on literary journals like The Dial, where Burke in his capacity as an associate editor saw T. S. Eliot's "The Wasteland" into print for the first time and provided other editorial services for Thomas Mann, e.e. cummings, Ezra Pound, and many other writers of note. Burke also met the iconoclasts of the older generation represented by Theodore Dreiser and H. L. Mencken, the New Humanists, and the literary nationalists who founded Contact and The New Republic. Jack Selzer shows how Burke's own early poems, fiction, and essays emerged from and contributed to the modernist conversation in Greenwich Village. He draws on a wonderfully rich array of letters between Burke and his modernist friends and on the memoirs of his associates to create a vibrant portrait of the young Burke's transformation from aesthete to social critic. (shrink)

This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct prompted by group hatred or bias:Hatred should not be either a necessary or a sufficient condition for enhanced punishment.Enhanced punishment is justifiable when bias crimes display greater culpability, express disrespect for the victim’s group, or cause either greater psychic harm to the victim or group-specific outrage in the victim’s community.Properly designed bias crime laws do not improperly punish for thoughts or character.Such laws are more defensible if (...) they require that the actor’s primary motive was animus toward the disfavored group.There is no principled reason to require that such laws merely enhance punishment for an already existing parallel crime.Increasing punishment significantly because of bias may violate principles of proportionality. (shrink)

Of the topics found in psychoanalytic theory it is Freud's philosophy of mind that is at once the most contentious and enduring. Psychoanalytic theory makes bold claims about the significance of unconscious mental processes and the wish-fulfilling activity of the mind, citing their importance for understanding the nature of dreams and explaining both normal and pathological behaviour. However, since Freud's initial work, both modern psychology and philosophy have had much to say about the merits of Freudian thinking. Developments in psychology, (...) philosophy, and psychoanalysis raise new challenges and questions concerning Freud's theory of mind. This book addresses the psychoanalytic concept of mind in the 21st century via a joint scientific and philosophical appraisal of psychoanalytic theory. It provides a fresh critical appraisal and reflection on Freudian concepts, as well as addressing how current evidence and scientific thinking bear upon Freudian theory. The book centres upon the major concepts in psychoanalysis, including the notion of unconscious mental processes and wish-fulfilment and their relationship to dreams, fantasy, attachment processes, and neuroscience. (shrink)

The perennial interest in psychoanalysis shows no signs of abating and the longevity of psychoanalytic theory is seen in the varied extensions and elaborations of Freudian thinking in the fields of neuroscience and cognitive theory. Nevertheless, the scientific standing of psychoanalysis has long been questioned and developments in the fields of the philosophy of science and psychology require a fresh assessment of the scientific standing of psychoanalysis. While there are a range of views on the topic of whether psychoanalysis is (...) in fact scientific, any satisfactory approach to understanding mind and behaviour requires an approach that is at once both philosophic and scientific. Accordingly, to even approach the question regarding the scientific nature of psychoanalysis, a foundation comprising a sophisticated conceptual and philosophical framework is required. This volume represents the junction where philosophy, science, and psychoanalysis meet and presents arguments critical and supportive of the scientific standing of psychoanalysis. (shrink)

To even approach the question regarding the scientific nature of psychoanalysis, a foundation comprising a sophisticated conceptual and philosophical framework is required. This volume represents the junction where philosophy, science, and psychoanalysis meet and presents arguments of the scientific standing of psychoanalysis.

The authors present an approach to conceptualising and predicting environmental conflicts in which conflicts are analysed as a continuum of disagreement over values and options. They also operationalise this approach using an online values-centred survey tool, the ‘public-to-public decision support system’ (P2P-DSS). The authors put values and conflict in environmental management into perspective. Next, they review how values are defined in scholarship and operationalised for decision support. The relevance of values research to con-flict management is presented. With reference to a (...) real-world aggregate-mining conflict, the authors demonstrate how P2P-DSS can be used to collect data and categorise conflicts to enhance environmental management decision-making. The authors argue that P2P-DSS has potential to support values-sensitive thinking for environmental conflict management. They then set out research priorities to investigate the theoretical and practical implications of this approach. This work contributes to advancing values research in environmental conflict management and expanding values-based decision-making. (shrink)

A heuristic comparison is made of relativistic and non-relativistic quantum theory. To this end the Segal approach is described for the non-specialist. The significance of antimatter to the local and microcausal properties of the fields is laid bare. The fundamental difference between relativistic and non-relativistic (complex) fields is traced to the existence of two kinds of complex numbers in the relativistic case. Their relation to covariant and Newton-Wigner locality is formulated.

Guilt and shame are self-conscious emotions with implications for mental health, social and occupational functioning, and the effectiveness of sports practice. To date, the assessment and role of athlete-specific guilt and shame has been under-researched. Reporting data from 174 junior elite cricketers, the present study utilized exploratory factor analysis in validating the Athletic Perceptions of Performance Scale, assessing three distinct and statistically reliable factors: athletic shame-proneness, guilt-proneness, and no-concern. Conditional process analysis indicated that APPS shame-proneness mediated the relationship between general (...) and athlete-specific distress. While APPS domains of guilt-proneness and no-concern were not significant mediators, they exhibited correlations in the expected direction with indices of psychological distress and well-being. The APPS may assist coaches and support staff identify players who may benefit from targeted interventions to reduce the likelihood of experiencing shame-prone states. (shrink)

Purpose The purpose of this paper is to explore the ethical issues surrounding information systems practice with a view to encouraging greater involvement in this aspect of IS research. Information integrity relies upon the development and operation of computer-based information systems. Those who undertake the planning, development and operation of these information systems have obligations to assure information integrity and overall to contribute to the public good. This ethical dimension of information systems has attracted mixed attention in the IS academic (...) discipline. Design/methodology/approach The authors are a multidisciplinary team providing a rich, diverse experience which includes professional and information ethics, management information systems, software engineering, data repositories and information systems development. Each author has used this experience to review the IS ethics landscape, which provides four complimentary perspectives. These are synthesised to tease out trends and future pointers. Findings It is confirmed that there is a serious lack of research being undertaken relating to the ethical dimension of the Information Systems field. There is limited crossover between the well-established multidisciplinary community of Computer Ethics research and the traditional Information Systems research community. Originality/value An outline framework is offered which could provide an opportunity for rich and valuable dialogue across the two communities. This is proposed as the starting point for a proactive research and practice action plan for information systems ethics. (shrink)

Concluding with four philosophical essays, this volume of case studies demonstrates how the inventive and persuasive dimensions of scholarly discourse point the way to forms of argument appropriate to our postmodern age.

: All known life requires phosphorus (P) in the form of inorganic phosphate (PO43x or Pi) and phosphate-containing organic molecules. Pi serves as the backbone of the nucleic acids that constitute genetic material and as the major repository of chemical energy for metabolism in polyphosphate bonds. Arsenic (As) lies directly below P on the periodic table and so the two elements share many chemical properties, although their chemistries are sufficiently dissimilar that As cannot directly replace P in modern biochemistry. Arsenic (...) is toxic because As and P are similar enough that organisms attempt this substitution. We hypothesize that ancient biochemical systems, analogous to but distinct from those known today, could have utilized arsenate in the equivalent biological role as phosphate. Organisms utilizing such ‘ weird life ’ biochemical pathways may have supported a ‘ shadow biosphere ’ at the time of the origin and early evolution of life on Earth or on other planets. Such organisms may even persist on Earth today, undetected, in unusual niches. (shrink)

In the life sciences, there is an ongoing discussion about a perceived ‘reproducibility crisis’. However, it remains unclear to which extent the perceived lack of reproducibility is the consequence of issues that can be tackled and to which extent it may be the consequence of unrealistic expectations of the technical level of reproducibility. Large-scale, multi-institutional experimental replication studies are very cost- and time-intensive. This Perspective suggests an alternative, complementary approach: meta-research using sociological and philosophical methodologies to examine researcher trust in (...) data. An improved understanding of the criteria used by researchers to judge data reliability will provide crucial, initial evidence on the actual scale of the reproducibility crisis and on measures to tackle it. (shrink)

Language maps signals onto meanings through the use of two distinct types of structure. First, the space of meanings is discretized into categories that are shared by all users of the language. Second, the signals employed by the language are compositional: The meaning of the whole is a function of its parts and the way in which those parts are combined. In three iterated learning experiments using a vast, continuous, open-ended meaning space, we explore the conditions under which both structured (...) categories and structured signals emerge ex nihilo. While previous experiments have been limited to either categorical structure in meanings or compositional structure in signals, these experiments demonstrate that when the meaning space lacks clear preexisting boundaries, more subtle morphological structure that lacks straightforward compositionality—as found in natural languages—may evolve as a solution to joint pressures from learning and communication. (shrink)

This article explores different dimensions of the concept of negligence in the law. The first sections focus on the fundamental distinction between conduct negligence, a conception that dominates tort law; and cognitive negligence, a conception that is much more important in criminal law. The last major section identifies five significant institutional functions served by a legal negligence standard: expressing a legal norm in the form of a standard rather than a rule; personifying fault; empowering the trier of fact to give (...) content to the standard; creating a secondary legal norm parasitic on a primary legal norm; and distinguishing grades of fault. These functions reveal the distinctive significance of negligence, but also disclose numerous problems that the use of such a legal standard can pose. Careful analysis of these different dimensions of negligence clarifies certain misconceptions and has important implications. For example, the question whether "negligence" is an appropriate minimum standard of liability is unanswerable until we identify the type of negligence at issue and its role in norm-definition. Similarly, comparing negligenceto supposedly "more serious" forms of fault, such as recklessness, knowledge, and purpose, is treacherous and sometimes amounts to comparing apples and oranges. A better understanding of the different conceptions of negligence and of the distinctive institutional functions of a legal negligence standard can facilitate the development of more coherent, and more justifiable, fault criteria in criminal law, torts, and other legal domains. (shrink)

Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. Perhaps certain (...) absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)

Faced with the choice between creating a risk of harm and taking a precaution against that risk, should I take the precaution? Does the proper analysis of this trade-off require a maximizing, utilitarian approach? If not, how does one properly analyze the trade-off?These questions are important, for we often are uncertain about the effects of our actions. Accordingly, we often must consider whether our actions create an unreasonable risk of injury — that is, whether our actions are negligent.

What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care? A straightforward question, you might think. But it is a question that manages to elicit groans of exasperation from those on both sides of the controversy. For most utilitarians and adherents to law and economics, the answer is obvious: to say that people should not be negligent is to say that they should minimize the sum of the costs of accidents and the (...) costs of preventing accidents. Under the economic formulation of the famous Learned Hand test, they should take a precaution if but only if the marginal costs (or burden, B) of that precaution are less than its marginal benefits (in the form of reduced risks of injury, measured by multiplying the probability (P) of the injury times the magnitude (L) of the injury if it occurs). If B>PxL, it would be absurd to require the greater expenditure, B. For many advocates of a fairness, corrective justice, rights-based, or contractualist perspective, the opposite answer is equally obvious. Permitting a person to impose risks of harm on others merely because he would thereby obtain a benefit (or would otherwise incur a burden) greater than the discounted value of the harm he might inflict, amounts to authorizing him to dump the costs of his risky activities on innocent victims. To permit this type of sacrifice of individuals on the altar of aggregate social welfare is morally abhorrent. Both sets of criticism have important elements of truth. Neither an unqualified cost-benefit analysis nor an unqualified rights-based rejection of tradeoffs is defensible - either as a description of tort doctrine and practice or as a normative prescription. However, a qualified (sensitive) consequentialist approach can accommodate legitimate criticisms of cost-benefit analysis: the consequentialist can launder preferences, and can consider the distribution of risk both in the social welfare calculus and in determining whether to compensate. At the same time, a qualified (tough-minded) deontological approach can accommodate the legitimate need to recognize tradeoffs: the deontologist can permit intrapersonal but not interpersonal aggregation of risks and benefits, can apply the concept of threshold deontology to risky activity, and can consider individual rather than population risk. I conclude that the formulation of the Learned Hand test found in the Restatement Third of Torts is broad enough to encompass each of these qualified approaches. (shrink)

In this article we examine the effectiveness of consent in data protection legislation. We argue that the current legal framework for consent, which has its basis in the idea of autonomous authorisation, does not work in practice. In practice the legal requirements for consent lead to ‘consent desensitisation’, undermining privacy protection and trust in data processing. In particular we argue that stricter legal requirements for giving and obtaining consent as proposed in the European Data protection regulation will further weaken the (...) effectiveness of the consent mechanism. Building on Miller and Wertheimer’s ‘Fair Transaction’ model of consent we will examine alternatives to explicit consent. (shrink)

The responsible corporate officer doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant’s mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is strict liability consistent with retributive principles when it pertains, not to grading, but to (...) whether the defendant has crossed the threshold from noncriminal to criminal conduct? In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm. Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty or standard of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of “negligence,” and none of them sufficiently explain and justify the RCO doctrine. (shrink)

When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such plaintiff strict (...) responsibility? There are reasons for caution before concluding that a victim's self-regarding conduct is negligent. A victim often deserves special sympathy in the light of his special predicament, choosing between two evils, the immediate costs of which he must personally bear. Indeed, it might appear that the law is unfair or unduly onerous when it places significant demands on a victim with respect to his own self-regarding behavior. On the other hand, we should not forget that the victim's “duty” to use reasonable care is merely conditional: it applies only in case the victim seeks a remedy against the tortfeasor. (shrink)

Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s neutral prompt and counterfactual actual belief criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a (...) concept whose meaning is determined by its function as a culpability standard. Husak concludes that inadvertent actors are often less culpable than knowing-but-later-forgetful actors; this is plausible, but there are also numerous counterexamples. Holly Smith focuses on negligence cases in which an agent’s failure to notice a risk stems, not from a prior culpable choice, but from an objectionable attitude or set of attitudes. She is right to emphasize that genuine moral culpability does not depend on conscious choice. However, Smith also asserts that decisions that flow from an actor’s objectionable attitudes are only rarely culpable, because they often do not arise from a reasonably full configuration of the actor’s motives. This last requirement is, I fear, an unrealistic and unnecessarily demanding criterion of culpability. Even when many of the actor’s evaluative attitudes are inactive in Smith’s sense, the actor might deserve blame for not bringing them to bear on his decision. Michael Moore and Heidi Hurd thoroughly explore, and find deficient, H.L.A. Hart’s unexercised capacity theory of negligence. They are correct that that theory requires a further judgment: an actor’s inadvertence is culpable only if he had the capacity to have adverted if X where X is the source of the actor’s moral desert. They overstate, however, in suggesting that the capacity issue falls out of the picture once we identify that underlying desert basis. The authors also worry that if desert is grounded on an underlying vice, we lack a reliable way of ranking the different vices that might explain the actor’s inadvertence; this is not a fatal objection, however, because negligence determinations are quite feasible even in the absence of clear rankings. Moore and Hurd conclude by identifying eight distinct categories in which criminal liability for negligence is justifiable. Negligence is indeed a surprisingly complex and pluralist concept. The three articles in this symposium brightly illuminate some of the most fundamental conceptual and normative issues in the debate over whether it is just to blame and punish the negligently inadvertent. (shrink)

A hierarchical ordering of approaches afflicts environmental thinking. An ethics of individualism unjustly overrides social/political philosophy in environmental debates. Dialectics helps correct this imbalance. In dialectical fashion, a synthesis emerges between conflicting approaches to dialectics and to nature from: Marxism (Levins and Lewontin), anarchism (Bookchin), and Native Americanism (Black Elk). Conflicting (according to Marxists) and cooperative (according to anarchists) forces both operate in nature. Ethics (anarchist), political theory (Marxist), and spirituality (Native American) constitute the interconnected interpretative domains of a dialectically (...) informed ecophilosophy. In a world painted too often in blacks and whites, ecological dialectics colors the picture a more realistic gray. (shrink)