In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM – whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part 1 of this article took up the first two questions. Part 2 took up the second two questions. Part 3 now deals with Questions 5 & 6. Question 5 confronts the issue of utility, whether the manual design of DSM-III and IV favors clinicians or researchers, and what that means for DSM-5. Our final question, Question 6, takes up a concluding issue, whether the acknowledged problems with the earlier DSMs warrants a significant overhaul of DSM-5 and future manuals. As in Parts 1 & 2 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

In our paper, ‘Escaping hell: divine motivation and the problem of hell’, we defended a theory of hell that we called ‘escapism’. We argued that given God’s just and loving character it would be most rational for God to maintain an open door policy to those who are in hell, allowing them an unlimited number of chances to be reconciled with God and enjoy communion with God. In this paper we reply to two recent objections to our original paper. The (...) first is an argument from religious luck offered by Rusty Jones. The second is an argument from Kyle Swan that alleges that our commitments about the nature of reasons for action still leaves escapism vulnerable to an objection we labeled the ‘Job objection’ in our original paper. In this paper we argue that escapism has the resources built into it needed to withstand the objections from Jones and Swan. (shrink)

The material in "TCU," as we've come to refer to this volume, began as a Master's Thesis that examined the manner in which knowledge of fairly complex, patterned material could be acquired without any conscious effort to learn it and with little to no awareness of what had been learned. It was dubbed implicit learning and, over a fifty-plus year span, became a vigorously researched area in the social sciences. TCU brings together several dozen scientists from a variety of backgrounds (...) and presents a broad (and deep) overview of how the exploration of the cognitive unconscious grew from that first study to a domain of research to which contributions have been made by sociologists, neuroscientists, evolutionary biologists, modelers, social and organizational psychologists, sport psychologists, primatologists, developmentalists, linguists, psychiatrists and psychotherapists, and measurement and assessment researchers. The core message seems fairly straightforward. Unconscious, implicit cognitive processes play a role in virtually everything interesting that human beings do. The implicit and explicit elements of cognition form a rich and complex interactive framework that make up who we are. The volume has contributions from over 30 distinguished authors from nine different countries and gives a balanced and thorough overview of where the field is today, a bit over a half-century since the first experiments were run. (shrink)

Benjamin Matheson has recently critiqued the escapist account of hell that we have defended. In this paper we respond to Matheson. Building on some of our work in defense of escapism that Matheson does not discuss we show that the threat posed by Matheson’s critique is chimerical. We begin by summarizing our escapist theory of hell. Next, we summarize both Matheson’s central thesis and the main arguments offered in its defense. We then respond to those arguments.

This article examines factors related to husbands' contribution to housework when their wives become newly impaired. Data are from a sample of 319 married couples who participated in the National Survey of Families and Households, and in which wives developed physical limitations between baseline and five-year follow-up interviews. Using ordinary least squares regression, we found that husbands who have egalitarian attitudes toward marital roles and are happy in their marriage at baseline do more housework at follow-up than husbands who are (...) traditional and/or are less happy. Given the slow rate of change in household division of labor, the lack of public policies to support people with impairment and family caregiving disproportionately burdens women. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"And They Sang A New Song":Reading John's Revelation From The Position Of The LambJ.A. Jackson (bio) and Allen H. Redmon (bio)Then one of the elders said to me, "Do not weep. See, the Lion of the tribe of Judah, the Root of David, has conquered, so that he can open the scroll and the seven seals." Then I saw between the throne and the four living creatures and (...) among the elders a Lamb standing as if it had been slaughtered.—Revelation 5:5–6In an interview with Markus Müller, René Girard asserts the importance of taking into account the apocalypticism of Christianity. Apocalypse, Girard reminds us, "means revelation: apocalypto means to open up and to show the truth. But it also means absolute violence, so the apocalypse is a violent revelation and a revelation of violence" (Girard 1996). That the Revelation is a violent revelation has been well established. Despite textual evidence that would beg those who approach the text to do just the opposite, readers have fixated on the violence of the Revelation since its inception, finding in it God's final retribution against those who persecute the Church.1 Commentators such as Dennis E. Johnson, William Hendricksen, and George Elden Ladd have produced recent, full-length commentaries that champion the appearance of a Christ in Revelation ready to establish himself as a military champion and exact his revenge on those who persecute him (see, for example, Johnson 2001; Hendricksen 1998; and Ladd 1993). These accounts, and those that follow suit, are blinded by the violent revelation of John's apocalyptic narrative and fail to see the poem's revelation of violence—the other, prophetic half of what Girard rightly contends exists in Christian apocalypse.This error is understandable to some extent. Read in its own light and apart from the Gospel revelation as understood by those familiar with mimetic [End Page 99] theory, one has no hermeneutical principle for recognizing the end to which John is writing. The victims of the text can be ignored in the precise way that all victims are disregarded when the scapegoat mechanism functions properly. Such should not be the case in the Revelation, though, a text in which the scapegoat mechanism is exposed and pushed to its logical conclusions. John offers his reader a glimpse into the way this mechanism will function when all that is left is wall-to-wall violence, when one is left with only two alternatives: succumb to the mechanism and reciprocate its violence, or extricate oneself through nonreciprocation (and potentially die).In the margins of the violent revelation in John's apocalyptic vision, a revelation of violence emerges that can expose humankind's potential to annihilate itself and the mechanism with which it will do so. When read through the lens of mimetic theory, one discovers that John's narrative delivers a revelation of violence, an explicit naming and unmasking of the sacrificial mechanism that can capture for the reader not only the machinations of the sacrificial apparatus but one's own potential participation in it as well. As such, the poem can posit itself as a commandment (a Thou-shall-not-murder) that ultimately refuses the temptation to respond to violence in violence.The fact that John uses the apocalyptic to present this directive should not be surprising. Girard writes: "Only through the mediation of the scapegoat mechanism can violence become its own remedy, and the victimage mechanism can only be triggered by the frenetic paroxysm of the 'crisis.' This means that the violence, having lost its vitality and bite, will paradoxically be more terrible than before its decline. As the whole of humanity makes the vain effort to reinstate its reconciliatory and sacrificial virtues, this violence will without doubt tend to multiply its victims, just as happened in the time of the prophets" (Girard 1978, 195–96). While Girard's commentary on biblical eschatology and apocalypse refers mainly to the scapegoat mechanism as it applies to and is revealed in the Gospel texts, we see the immediacy and the frenzy of the apocalyptic and the ubiquitous violent mimetic appropriations also performed in John's Revelation.2 John captures... (shrink)

This study explores the impact of environmental turbulence on relationships between personal and organizational characteristics, personal values, ethical perceptions, and behavioral intentions. A causal model is tested using data obtained from a national sample of marketing research professionals in South Africa. The findings suggest turbulent conditions lead professionals to report stronger values and ethical norms, but less ethical behavioral intentions. Implications are drawn for organizations confronting growing turbulence in their external environments. A number of suggestions are made for ongoing research.

The goal of this study was to assess the relationships between computational approaches to analyzing constructed responses made during reading and individual differences in the foundational skills of reading in college readers. We also explored if these relationships were consistent across texts and samples collected at different institutions and texts. The study made use of archival data that involved college participants who produced typed constructed responses under thinking aloud instructions reading history and science texts. They also took assessments of vocabulary (...) knowledge and proficiency in comprehension. The protocols were analyzed to assess two different ways to determine their cohesion. One approach involved assessing how readers established connections with themselves. The other approach involved assessing connections between the constructed responses and the texts that were read. Additionally, the comparisons were made by assessing both lexical and semantic comparisons. The result showed that both approaches for analyzing cohesion and making the comparisons were correlated with vocabulary knowledge and comprehension proficiency. The implications of the results for theory and practice are discussed. (shrink)

The essays in this volume present versions of feminism that are explicitly liberal, or versions of liberalism that are explicitly feminist. By bringing together some of the most respected and well-known scholars in mainstream political philosophy today, Amy R. Baehr challenges the reader to reconsider the dominant view that liberalism and feminism are 'incompatible.'.

In the conclusion to this multi-part article I first review the discussions carried out around the six essential questions in psychiatric diagnosis – the position taken by Allen Frances on each question, the commentaries on the respective question along with Frances’ responses to the commentaries, and my own view of the multiple discussions. In this review I emphasize that the core question is the first – what is the nature of psychiatric illness – and that in some manner all (...) further questions follow from the first. Following this review I attempt to move the discussion forward, addressing the first question from the perspectives of natural kind analysis and complexity analysis. This reflection leads toward a view of psychiatric disorders – and future nosologies – as far more complex and uncertain than we have imagined. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article will take up the first two questions. With the first question, invited commentators express a range of opinion regarding the nature of psychiatric disorders, loosely divided into a realist position that the diagnostic categories represent real diseases that we can accurately name and know with our perceptual abilities, a middle, nominalist position that psychiatric disorders do exist in the real world but that our diagnostic categories are constructs that may or may not accurately represent the disorders out there, and finally a purely constructivist position that the diagnostic categories are simply constructs with no evidence of psychiatric disorders in the real world. The second question again offers a range of opinion as to how we should define a mental or psychiatric disorder, including the possibility that we should not try to formulate a definition. The general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

Philosophy of Communication Ethics is a unique and timely volume that creatively examines communication ethics, philosophy of communication, and "the other.".

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article took up the first two questions. Part II will take up the second two questions. Question 3 deals with the question as to whether DSM-V should assume a conservative or assertive posture in making changes from DSM-IV. That question in turn breaks down into discussion of diagnoses that depend on, and aim toward, empirical, scientific validation, and diagnoses that are more value-laden and less amenable to scientific validation. Question 4 takes up the role of pragmatic consideration in a psychiatric nosology, whether the purely empirical considerations need to be tempered by considerations of practical consequence. As in Part 1 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

This book brings together scholars from a variety of epistemological perspectives to explore the multiple ways in which sexuality does indeed matter in the arena of public education.

Background: Clinical genomic implementation studies pose challenges for informed consent. Consent forms often include complex language and concepts, which can be a barrier to diverse enrollment, and these studies often blur traditional research-clinical boundaries. There is a move toward self-directed, web-based research enrollment, but more evidence is needed about how these enrollment approaches work in practice. In this study, we developed and evaluated a literacy-focused, web-based consent approach to support enrollment of diverse participants in an ongoing clinical genomic implementation study. (...) Methods: As part of the Cancer Health Assessments Reaching Many (CHARM) study, we developed a web-based consent approach that featured plain language, multimedia, and separate descriptions of clinical care and research activities. CHARM offered clinical exome sequencing to individuals at high risk of hereditary cancer. We interviewed CHARM participants about their reactions to the consent approach. We audio recorded, transcribed, and coded interviews using a deductively and inductively derived codebook. We reviewed coded excerpts as a team to identify overarching themes. Results: We conducted 32 interviews, including 12 (38%) in Spanish. Most (69%) enrolled without assistance from study staff, usually on a mobile phone. Those who completed enrollment in one day spent an average of 12 minutes on the consent portion. Interviewees found the information simple to read but comprehensive, were neutral to positive about the multimedia support, and identified increased access to testing in the study as the key difference from clinical care. Conclusions: This study showed that interviewees found our literacy-focused, web-based consent approach acceptable; did not distinguish the consent materials from other online study processes; and valued getting access to testing in the study. Overall, conducting empirical bioethics research in an ongoing clinical trial was useful to demonstrate the acceptability of our novel consent approach but posed practical challenges. (shrink)

In response to recent calls to extend the underlying theories used in the literature :375–413, 2005; Craft in J Bus Ethics 117:221–259, 2013), we review the usefulness of social norm theory in empirical business ethics research. We begin by identifying the seeds of social norm theory in Adam Smith’s The Theory of Moral Sentiments, the Glasgow Edition, Oxford University Press, Oxford, 1759/1790) seminal work, The Theory of Moral Sentiments. Next, we introduce recent theory in social norm activation by Bicchieri and (...) compare the new theory to two theoretical frameworks found in the literature: Kohlberg’s Handbook of socialization theory and research, Rand McNally, Chicago, IL, 1969; in: Lickona Moral development and behavior, Holt, Rinehart & Winston, New York, 1976) theory of moral development and Cialdini and Trost’s The handbook of social psychology, Oxford University Press, Boston, 1998) taxonomy of social norms. We argue that the new theory provides useful insights by emphasizing the ability of situational cues and information to generate common expectations for social/moral norms. The theory is particularly useful for empirical research in business ethics because it gives both organizational and individual factors a role in motivating norm-based behavior. To demonstrate this usefulness, we present examples where the theory has been effectively applied in experimental accounting research to generate new insights. We conclude by citing specific examples where the theory may prove useful in empirical business ethics research. (shrink)

Possession Trance and Dramatic Perversity Dionysus arrives as a stranger, enigmatic, disquieting, contagious, spreading an epidemic of mania leading to ...

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

Monetary intelligence theory asserts that individuals apply their money attitude to frame critical concerns in the context and strategically select certain options to achieve financial goals and ultimate happiness. This study explores the dark side of monetary Intelligence and behavioral economics—dishonesty. Dishonesty, a risky prospect, involves cost–benefit analysis of self-interest. We frame good or bad barrels in the environmental context as a proxy of high or low probability of getting caught for dishonesty, respectively. We theorize: The magnitude and intensity of (...) the relationship between love of money and dishonest prospect may reveal how individuals frame dishonesty in the context of two levels of subjective norm—perceived corporate ethical values at the micro-level and Corruption Perceptions Index at the macro-level, collected from multiple sources. Based on 6382 managers in 31 geopolitical entities across six continents, our cross-level three-way interaction effect illustrates: As expected, managers in good barrels, mixed barrels, and bad barrels display low, medium, and high magnitude of dishonesty, respectively. With high CEV, the intensity is the same across cultures. With low CEV, the intensity of dishonesty is the highest in high CPI entities —the Enron Effect, but the lowest in low CPI entities. CPI has a strong impact on the magnitude of dishonesty, whereas CEV has a strong impact on the intensity of dishonesty. We demonstrate dishonesty in light of monetary values and two frames of social norm, revealing critical implications to the field of behavioral economics and business ethics. (shrink)

Deliberative democracy grounds its legitimacy largely in the ability of speakers to participate on equal terms. Yet theorists and practitioners have struggled with how to establish deliberative equality in the face of stark differences of power in liberal democracies. Designers of innovative civic forums for deliberation often aim to neutralize inequities among participants through proportional inclusion of disempowered speakers and discourses. In contrast, others argue that democratic equality is best achieved when disempowered groups deliberate in their own enclaves before entering (...) the broader public sphere. Borrowing from each perspective, the authors argue that there are strong reasons to incorporate enclave deliberation among the disempowered within civic forums. They support this claim by presenting case study evidence showing that participants in such forums can gain some of the same benefits of deliberation found in more heterogeneous groups, can consider a diversity of viewpoints rather than falling into groupthink and polarization, and can persuade external stakeholders of the legitimacy of the group’s deliberations. (shrink)

ABSTRACTEmotions are predicted to influence judgement and decision-making across a range of performance contexts. This experiment tested whether motivational-general arousal imagery can improve the decision-making performance of elite endurance cyclists. In total, 54 cyclists were assigned to either a positive imagery condition or a negative imagery condition. The cyclists were read one of two scripts designed to elicit positive or negative images during a 20-min maximal sustainable interval on a cycle ergometer. A decision-making task was performed before and immediately after (...) the maximal sustainable power interval. Results showed that the manipulation was successful with cyclists in the positive imagery condition reporting more positive affective states (higher levels of happiness and lower level... (shrink)

Corruption involves greed, money, and risky decision-making. We explore the love of money, pay satisfaction, probability of risk, and dishonesty across cultures. Avaricious monetary aspiration breeds unethicality. Prospect theory frames decisions in the gains-losses domain and high-low probability. Pay dissatisfaction (in the losses domain) incites dishonesty in the name of justice at the individual level. The Corruption Perceptions Index, CPI, signals a high-low probability of getting caught for dishonesty at the country level. We theorize that decision-makers adopt avaricious love-of-money aspiration (...) as a lens and frame dishonesty in the gains-losses domain (pay satisfaction-dissatisfaction, Level 1) and high-low probability (CPI, Level 2) to maximize expected utility and ultimate serenity. We challenge the myth: Pay satisfaction mitigates dishonesty across nations consistently. Based on 6500 managers in 32 countries, our cross-level three-dimensional visualization offers the following discoveries. Under high aspiration conditions, pay dissatisfaction excites the highest- (third-highest) avaricious justice-seeking dishonesty in high (medium) CPI nations, supporting the certainty effect. However, pay satisfaction provokes the second-highest avaricious opportunity-seizing dishonesty in low CPI entities, sustaining the possibility effect—maximizing expected utility. Under low aspiration conditions, high pay satisfaction consistently leads to low dishonesty, demonstrating risk aversion—achieving ultimate serenity. We expand prospect theory from a micro and individual-level theory to a cross-level theory of monetary wisdom across 32 nations. We enhance the S-shaped Curve to three 3-D corruption surfaces across three levels of the global economic pyramid, providing novel insights into behavioral economics, business ethics, the environment, and responsibility. (shrink)

Monetary Intelligence theory asserts that individuals apply their money attitude to frame critical concerns in the context and strategically select certain options to achieve financial goals and ultimate happiness. This study explores the bright side of Monetary Intelligence and behavioral economics, frames money attitude in the context of pay and life satisfaction, and controls money at the macro-level and micro-level. We theorize: Managers with low love of money motive but high stewardship behavior will have high subjective well-being: pay satisfaction and (...) quality of life. Data collected from 6586 managers in 32 cultures across six continents support our theory. Interestingly, GDP per capita is related to life satisfaction, but not to pay satisfaction. Individual income is related to both life and pay satisfaction. Neither GDP nor income is related to Happiness. Our theoretical model across three GDP groups offers new discoveries: In high GDP entities, “high income” not only reduces aspirations—“Rich, Motivator, and Power,” but also promotes stewardship behavior—“Budget, Give/Donate, and Contribute” and appreciation of “Achievement.” After controlling income, we demonstrate the bright side of Monetary Intelligence: Low love of money motive but high stewardship behavior define Monetary Intelligence. “Good apples enjoy good quality of life in good barrels.” This notion adds another explanation to managers’ low magnitude of dishonesty in entities with high Corruption Perceptions Index. In low GDP entities, high income is related to poor Budgeting skills and escalated Happiness. These managers experience equal satisfaction with pay and life. We add a new vocabulary to the conversation of monetary intelligence, income, GDP, happiness, subjective well-being, good and bad apples and barrels, corruption, and behavioral ethics. (shrink)

An investigation of the eidetic and transcendental phenomenological reductions as productive (and not merely descriptive) activities, Hence as a praxis generative of meaning. The eidetic reduction is a metaphoric system, Describing the movement from topos to tropes: the primal ontological structure is found to be that of distortion, Of a "coherent deformation," a breaking of forms, Which maintains the phenomenological horizon's openness. This founds a theory of decentered being, Ex-Centric subjectivity, And an anti-Ideologic critique.

Hegel’s definition of the state as a common public authority in The German Constitution marks his first thorough attempt to understand the authority of the modern state in terms of the rule of law. Such an understanding of the state constitutes an important advance in Hegel’s political philosophy since, in his early political-theological writings, the legal relation was in essence excluded from the political sphere. Positing a fundamental opposition between legality and authentic ethical life, Hegel interpreted societies in which legal (...) forms become particularly pronounced as societies founded on degenerate political institutions and caught up in an inexorable process of decline. Until Hegel grasped the positive ethical significance of legal authority, something accomplished in The German Constitution, his theory of the state remained largely determined by a Greek-inspired, virtue-based paradigm of political life. Only with the overcoming of this paradigm could he move to a comprehensive analysis of both modern institutional structures and the political theories that attempt to understand and justify them. Hegel’s evolving theory of modern legal form thus provides an important index and measure of his complex stance toward modern political society and of his critical assessment of the self-interpretations of modernity offered by the natural right tradition and the Enlightenment. (shrink)

By tracing the general evolution of HusserI’s theory of logic and mathematics, this essay explores Husserl’s identification and strategic overcoming of the two forms of psychologism--Iogical psychologism and transcendental psychologism--that bar the way to rigorous phenomenological inquiry. In the early works “On the Concept of Number” and the Philosophie der Arithmetik Husserl himself falls victim to a particular form of logical psychologism. By the time of the Logical Investigations this problem has been dealt with: the method of eidetic intuition enables (...) an account of the “origins” of logical and mathematical concepts without reducing such concepts to mere predicates of mental acts. The task of Formal and Transcendental Logic is to disclose the more pervasive problem of transcendental psychologism, one that taints even the theory of pure logic articulated in the Logical Investigations. A radical solution is provided through the development of an “ultimate logic” of transcendental subjectivity. (shrink)

By tracing the general evolution of HusserI’s theory of logic and mathematics, this essay explores Husserl’s identification and strategic overcoming of the two forms of psychologism--Iogical psychologism and transcendental psychologism--that bar the way to rigorous phenomenological inquiry. In the early works “On the Concept of Number” and the Philosophie der Arithmetik Husserl himself falls victim to a particular form of logical psychologism. By the time of the Logical Investigations this problem has been dealt with: the method of eidetic intuition enables (...) an account of the “origins” of logical and mathematical concepts without reducing such concepts to mere predicates of mental acts. The task of Formal and Transcendental Logic is to disclose the more pervasive problem of transcendental psychologism, one that taints even the theory of pure logic articulated in the Logical Investigations. A radical solution is provided through the development of an “ultimate logic” of transcendental subjectivity. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

A thorough history of the involvement of Australia's Northern Territory in World War II. Includes photos, extensive notes and bibliography.

Unnatural Horizons presents a selective history of the last five centuries of landscape architecture at the intersection of poetics and science, rhetoric and technology, and philosophy and politics. It investigates the relations between garden aesthetics and metaphysics, discussing issues similar to those raised by Weiss's critically acclaimed Mirrors of Infinity. The Western garden has always served as a setting for music, dance, theater, sculpture, and architecture, as well as the minor arts of meditative contemplation and erotic seduction. The history of (...) landscape architecture is therefore inextricable from the histories of the other arts, and must be studied from an interdisciplinary and polycultural point of view. Some of the topics included in this book are the influence of neo-Platonic philosophy on the Italian Renaissance garden, erotic fantasies and the 18th-century libertine garden, the contrast between Thoreau's romantic notion of virgin nature and changes in perception due to increasing speed and mechanization, and the limits of landscape architecture as art form in 20th-century gardens. (shrink)

The following conclusions have been reached: The phenomenological concept of the "horizon" calls into question both the traditional philosophical concepts of Truth and Being, and it provides the basis for a new, non-hierarchical and non-ideological ontology. On the basis of the new ontology that Merleau-Ponty founds, the ontology of the "Flesh," Merleau-Ponty's thought provides the basis for a strong hermeneutic tool for the critique of ideological systems. Such a critique is not merely a linguistic technique; it is equally based upon (...) a nascent libido theory, which attempts to relate the linguistic and libidinal levels of experience into a unified hermeneutic of human existence. Thus Merleau-Ponty was a precursor of the contemporary French libido theorists, but without falling into the reductionistic error which is often committed by them. Merleau-Ponty did not reduce all existence to either the linquistic or libidinal level, but rather understood language and the body to be each other's significative horizon. Thus Merleau-Ponty's later work serves as both an existential hermeneutic of existence and a critique of ideology, while simultaneously helping to inaugurate the most recent trends of French thought. ;The methodological considerations of this dissertation are based upon the fact that Merleau-Ponty's philosophy was a nexus of existentialism, phenomenology and structuralism, as well as being what I wish to show is one of the foundations of post-structuralist libido theory. Thus all of these styles of philosophizing and their ontological implications must be traced out as they apply to Merleau-Ponty's later writing. Primarily, this dissertation is an analysis of one primary source: the working notes to the incomplete text of The Visible and the Invisible. Yet this interpretation must be effected in the light of Merleau-Ponty's previous works, and the texts that influenced him, and it must especially clarify the lineage of those texts that were subsequently influenced by him. But this textual analysis is combined with phenomenological analyses which are intended to provide examples that support the ontological claims that are made. ;This dissertation is an attempt to interpret the working notes to Merleau-Ponty's The Visible and the Invisible, and to evolve a general theory of interpretation based upon his insights. Specifically, the problem is that of the conciliation of the two major trends of contemporary French philosophy, linguistic analysis and libido theory, which at many points offer mutually exclusive interpretations of existence. I attempt to show how Merleau-Ponty provided an ontology which took into consideration both of these problematics, an ontology which bears as its central, but itself problematic term, the "Flesh." His new ontology of the Flesh is based upon the ontological implications of the classical phenomenological concept of the "horizon," which refers to the indistinct, implicit areas of the perceptual and conceptual fields, and which necessitates a radical reinterpretation of previous philosophy. (shrink)

Perverse Desire and the Ambiguous Icon analyzes the limits of the applicability of psychoanalytic theory to aesthetic discourse, and in doing so expands the range of non-normative paradigms of spectatorial identification and sexual identity. These considerations are based on the epistemological premises that the ideal seldom coincides with the empirical, and that identification is always partial, fragmented, heterogeneous, mixed, such that total identification would be tantamount to delirium. The imagination is but the ephemera of partial objects torn from culture and (...) history, the transgression by fragmentation of a contemporary cosmos all too unified and all too controlled to admit the most singular, and idiosyncratic, phantasms of our desires. Thus we must posit an aesthetics where theory and interpretation are juxtaposed to, or traced above, the effects of the passions, where a muscular contraction or spasm is worth as much as a concept. It is here, at the fragile limit between iconophilia and iconoclasm, that the ironies and exigencies of poetic justice reside. (shrink)

Martin Heidegger is, perhaps, the most controversial philosopher of the twentieth-century. Little has been written on him or about his work and its significance for educational thought. This unique collection by a group of international scholars reexamines Heidegger's work and its legacy for educational thought.

As John Henry Newman reflected on 'The Idea of a University' more than a century and a half ago, Bradley C. S. Watson brings together some of the nation's most eminent thinkers on higher education to reflect on the nature and purposes of the American university today. Their mordant reflections paint a picture of the American university in crisis. This book is essential reading for thoughtful citizens, scholars, and educational policymakers.

Description from a book review by J. G. Beebe-Center: "Mr. Allen's book develops in detail the view that pleasure and unpleasure are essentially manifestations of the progression and thwarting of impulses. Part one is a brief summary of the principal theories of feeling. Part two is devoted to "sensory" or "bodily" pleasure and unpleasure. These forms of feeling, it is argued, 'depend on an analogue of conation existing in the organism, a nisus to maintain, or to carry out to (...) the full extent, the functioning proper to the bodily system.' Part three -- the piece de resistance (about half the book) -- deals with the relation of pleasure and unpleasure to the main instincts. Parts four, five and six take up a number of classical problems: the relation of pleasure and unpleasure to sensation, their relation to desire, the relativity of feelings, the qualitative variety of feelings, and the psychology of values. The author shows throughout a rare combination of historicophilosophical sophistication and of first-hand familiarity with the modern experimental literature.". (shrink)

We argue that developing a human ethics application is an effective method for refining the intent and design of research studies. Our study aimed to investigate the delivery of end-of-life and palliative care nursing to residents of an aged care unit in a Multi-purpose Service/centre in rural Victoria. We used the ethics application process as a strategy to focus the study, and to refine the data collection and analysis techniques. It is our contention that the process of completing the application (...) and gaining ethics approval is laborious; however, the intellectualising that occurs provides researchers with an opportunity to reflect upon and refine their studies, thus ensuring the ultimate success and timely completion of research investigations. (shrink)

Advaita Vedānta is one of the best-known schools of Indian philosophy, but much of its history-a history closely interwoven with that of medieval and modern Hinduism-remains surprisingly unexplored. This book focuses on a single remarkable work and its place within that history: The Ocean of Inquiry, a vernacular compendium of Advaita Vedānta by the North Indian monk Niścaldās (ca. 1791 - 1863). Though not well known today, Niścaldās's work was once referred to by Vivekananda (himself a key figure in the (...) shaping of modern Hinduism) as the most influential book in India. The present book situates The Ocean of Inquiry as a representative of both a neglected genre (vernacular Vedānta) and a neglected period (ca. 17th-19th centuries) in the history of Indian philosophy. It argues that the rise of Advaita Vedānta to a position of prestige began well before the period of British rule in India, and that vernacular texts like The Ocean of Inquiry played an important role in popularizing Vedāntic teachings. It also offers a new appraisal of the period of late Advaita Vedānta, arguing that it should not be seen as one of barren scholasticism. For thinkers like Niścaldās, intellectual "inquiry" (vicāra) was not an academic exercise but a spiritual practice-indeed, it was the central practice on the path to liberation. The book concludes by arguing that without understanding both vernacular Vedānta and the scholasticism of the period, one cannot fully understand the emergence of modern Hinduism. (shrink)