Introduction: Natural necessity, being, and becoming -- Accentuate the negative -- Diffracting dialectic -- Opening totality -- Constellating ethics -- Metacritique I : philosophy's primordial failing -- Metacritique II : dialectic and difference -- Conclusion: Natural necessity and the grounds of justice : natural necessity as material meshwork.

This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.

What is law? How is legal responsibility defined? How does law reflect moral judgment? Why are law's definitions uncertain and conflicted? Basic questions for liberal law and criminal justice - what could they have to do with the forgotten historical figure of the Beautiful Soul? Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Liberal law, he argues, is marked by splits and contradictions (antinomies), signs of something (...) missed. Traced historically, such conflicts can be read today in law's treatment of legality and justice, judgment and responsibility. A critical understanding must also be self-critical. From splits in law, Norrie moves to the split in critique: between its socio-historical and ethical forms. Drawing on critical realism and deconstruction, on the dialectics of Hegel, Adorno and Bhaskar, he argues for a form of critical thought that is at once historical and ethical. Thinking critically about critique finally leads to the Beautiful Soul, and its unexpected relation to law. These essays will be of interest to academics and advanced students of legal theory; criminal law, criminology and criminal justice; law and social theory; and critical legal studies. (shrink)

Orthodox Bayesianism tells a story about the epistemic trajectory of an ideally rational agent. The agent begins with a ‘prior’ probability function; thereafter, it conditionalizes on its evidence as it comes in. Consider, then, such an agent at the very beginning of its trajectory. It is ideally rational, but completely ignorant of which world is actual. Call this agent ‘Superbaby’.1 Superbaby personifies the Bayesian story. We argue that it must believe ‘Moorish’ propositions of the form.

Public services worldwide have been subject to externally imposed reforms utilizing tools such as financial incentives and performance targets. The adverse impact of such reforms on a public service ethos has been claimed, but rarely demonstrated. Individuals within organizations work beyond their formal contracts of employment, described as Organizational Citizenship Behavior (OCB), to further organizational interests. Given New Public Management reform and the subsequent contextual changes in the way in which public sector organizations are managed and funded, the present study (...) theorizes that OCB directed towards the organization may be ‘crowded-out’. This article tests the relationships between public service ethos and OCB and it presents empirical evidence from a study in England ( n = 433) of the ability of each dimension of this ethos to predict OCB. (shrink)

Summary The purpose of this study was to examine the effectiveness of a whole school behaviour management programme on teachers? use of encouragement in the classroom. Given that the performance of the school has become an important dependent variable in school effects research, it follows that interventions which address behaviour management and the improvement of academic performance, have also taken on a school?wide focus or orientation. In Australia, where this study was conducted, there has been an increased interest in the (...) use of school?wide behaviour management and discipline programmes, which are characterized by their focus on improving teachers? classroom management skills. In the present study randomly selected teachers from schools involved in a school?wide behaviour management programme participated in an experimental evaluation of the effects of the programme. Continuous data collection indicated that the majority of teachers made increases in their use of encouragement over the course of the intervention. However, observations conducted during a follow?up phase revealed reductions in levels of encouragement following the withdrawal of the intervention. (shrink)

This paper explores how medical practice ought to be conducted, in the face of scarcity, if our objective is to maximise the benefits of health. After explaining briefly what the cost-per-QALY criterion means, a series of ethical objections to it are considered one by one. The objectors fall into four groups: a. those who reject all collective priority-setting as unethical; b. those who accept the need for collective priority-setting, but believe it is contrary to medical ethics; c. those who accept (...) the need for collective priority-setting, and do not believe that it is contrary to medical ethics, but reject the role of QALYs in it; d. those who accept the need for collective priority-setting in principle, but are unwilling to specify how it should be done in practice. -/- The purpose of this discussion paper is to give each group a hard time! (shrink)

Contributors: Sabina Leonelli Nancy J. Nersessian Michel Janssen Jacob G. Foster James A. Evans Mark A. Bedau Marshall Abrams Gilbert B. Tostevin Salikoko S. Mufwene Massimo Maiocchi Joseph D. Martin Paul E. Smaldino Claes Andersson Anton Törnberg Petter Törnberg Beyond the Meme assembles interdisciplinary perspectives on cultural evolution, providing a nuanced understanding of it as a process in which dynamic structures interact on different scales of size and time. The volume demonstrates how a thick understanding of change in culture emerges (...) from multiple disciplinary vantage points, each of which is required to understand cultural evolution in all its complexity. (shrink)

Monoclonal antibodies are essential biomedical research and clinical reagents that are produced by companies and research laboratories. The NIAID ImmPort (Immunology Database and Analysis Portal) resource provides a long-term, sustainable data warehouse for immunological data generated by NIAID, DAIT and DMID funded investigators for data archiving and re-use. A variety of immunological data is generated using techniques that rely upon monoclonal antibody reagents, including flow cytometry, immunofluorescence, and ELISA. In order to facilitate querying, integration, and reuse of data, standardized terminology (...) for describing monoclonal antibody reagents and their targets needs to be used for annotating data submitted to ImmPort. (shrink)

The rural health context in the United States presents unique ethical challenges to its approximately 60 million residents, who represent about one quarter of the overall population and are distributed over three-quarters of the country’s land mass. The rural context is not only identified by the small population density and distance to an urban setting but also by a combination of social, religious, geographical, and cultural factors. Living in a rural setting fosters a sense of shared values and beliefs, a (...) strong work ethic, self-reliance, and a tendency for close-knit extended social structures where overlapping relationships are commonplace. (shrink)

We present asecond-personalaccount of corporate moral agency. This approach is in contrast to thefirst-personalapproach adopted in much of the existing literature, which concentrates on the corporation’s ability to identify moral reasons for itself. Our account treats relationships and communications as the fundamental building blocks of moral agency. The second-personal account rests on a framework developed by Darwall. Its central requirement is that corporations be capable of recognizing the authority relations that they have with other moral agents. We discuss the relevance (...) of corporate affect, corporate communications, and corporate culture to the second-personal account. The second-personal account yields a new way to specify first-personal criteria for moral agency, and it generates fresh insights into the reasons those criteria matter. In addition, a second-personal analysis implies that moral agency is partly a matter of policy, and it provides a fresh perspective on corporate punishment. (shrink)

Examines the nature of rhetorical theory and criticism, the rhetoric of science, and the impact of poststructuralism and postmodernism on contemporary accounts of rhetoric.

A mathematical model based upon catastrophe theory is derived to describe the kinematics of the wing beat in Dipteran flight. The parameters of the model correspond to anatomical and physiological characteristics of the insect.

This paper aims to make an empirically informed analytical contribution to the development of a more socially embedded bioethics. Drawing upon 10 interviews with cutting edge stem cell researchers (5 scientists and 5 clinicians) it explores and illustrates the ways in which the role positions of translational researchers are shaped by the ‘normative structures’ of science and medicine respectively and in combination. The empirical data is used to illuminate three overlapping themes of ethical relevance: what matters in stem cell research, (...) experimental treatment, and responsible claim making (as contrasted with ‘hype’. Finally, we suggest that this kind of ‘descriptive’ ethical analysis has potential relevance for understanding other substantive areas of stem cell ethics in practice, and we briefly consider the questions our analysis raises about role positions and ethical agency, and the implications for bioethics as a field of scholarship. (shrink)

As van Fraassen pointed out in his opening remarks, Henry Kyburg's lottery paradox has long been known to raise difficulties in attempts to represent full belief as a probability greater than or equal to p, where p is some number less than 1. Recently, Patrick Maher has pointed out that to identify full belief with probability equal to 1 presents similar difficulties. In his paper, van Fraassen investigates ways of representing full belief by personal probability which avoid the difficulties raised (...) by Maher's measure-theoretic version of the lottery paradox. Van Fraassen's more subtle representation dissolves the simple identification of full belief with maximal personal probability. His investigation exploits the richer resources for representing opinion provided by taking conditional, rather than unconditional, personal probability as fundamental. It has interesting implications for equivalent alternative approaches based on non-Archimedean probability, as well as for equivalent approaches in which assumption contexts representing full belief relative to suppositions are taken as fundamental. (shrink)

Through our work to examine mathematical and computational learning in authentic and convivial contexts that requires creativity, imagination, reasoning, and discourse, we have theorized an experiential learning cycle that attends to the development of voice, agency, and identity needed in young people for an earned insurgency—the right to demand change. Our work underscores how the current situation that many students face in classrooms amounts to a type of cognitive segregation that denies these students access to authentic and empowering intellectual agency. (...) By facilitating a process whereby students, using their own creative and imaginative means, intentionally develop a type of ownership over the exploration and application of the mathematical concepts they are being taught, we help students move from simple surface level, syntactic understandings, to deeper semantic learning that is more personally significant and meaningful. (shrink)

We have begun work on two separate but related ontologies for the study of neurological diseases. The first, the Neurological Disease Ontology (ND), is intended to provide a set of controlled, logically connected classes to describe the range of neurological diseases and their associated signs and symptoms, assessments, diagnoses, and interventions that are encountered in the course of clinical practice. ND is built as an extension of the Ontology for General Medical Sciences — a high-level candidate OBO Foundry ontology that (...) provides a set of general classes that can be used to describe general aspects of medical science. ND is being built with classes utilizing both textual and axiomatized definitions that describe and formalize the relations between instances of other classes within the ontology itself as well as to external ontologies such as the Gene Ontology, Cell Ontology, Protein Ontology, and Chemical Entities of Biological Interest. In addition, references to similar or associated terms in external ontologies, vocabularies and terminologies are included when possible. Initial work on ND is focused on the areas of Alzheimer’s and other diseases associated with dementia, multiple sclerosis, and stroke and cerebrovascular disease. Extensions to additional groups of neurological diseases are planned. The second ontology, the Neuro-Psychological Testing Ontology (NPT), is intended to provide a set of classes for the annotation of neuropsychological testing data. The intention of this ontology is to allow for the integration of results from a variety of neuropsychological tests that assay similar measures of cognitive functioning. Neuro-psychological testing is an important component in developing the clinical picture used in the diagnosis of patients with a range of neurological diseases, such as Alzheimer’s disease and multiple sclerosis, and following stroke or traumatic brain injury. NPT is being developed as an extension to the Ontology for Biomedical Investigations. (shrink)

1.1. A major purpose in nationalizing the provision of health care in the UK was to affect its distribution between people, and, in particular, to minimize the impact of willingness and ability to pay upon that distribution. It has never been clear, however, what alternative distribution rule is to apply. There is no shortage of rhetoric about ‘equality’ and ‘need’, but most of it is vacuous, by which I mean it does not lead to any clear operational guidelines about who (...) should get priority and at whose expense. The closest we have got so far to such explicit guidelines has been the formulae which determine the geographical distribution of NHS funds, the driving force behind which is a notion of need based on relative mortality rates and on the demographic structure. The avowed objective is to bring about equal access for equal need irrespective of where in the UK you happen to be. (shrink)

The study of the emergence of pretend play in developmental psychology has generally been restricted to analyses of children’s play with toys and everyday objects. The widely accepted criteria for establishing pretence are the child’s manipulation of object identities, attributes or existence. In this paper we argue that there is another arena for pretending—playful pretend teasing—which arises earlier than pretend play with objects and is therefore potentially relevant for understanding the more general emergence of pretence. We present examples of playful (...) pretend teasing in infancy before and around the end of the first year, involving pretend communicative gestures, mis-labelling and almost non-compliance with prohibitions. We argue that the roots of pretence not only lie earlier in human infancy than generally acknowledged, but also are rooted in playful emotional exchanges in which people recognise and respond to violations of communicative gestures and agreements. (shrink)

In the popular folklore three-score-years-and-ten is treated as a fair innings for people, and thereby serves as an informal reference point for judgements about distributive justice within a community. But length of life alone is an insufficient basis for such judgements - a person's health-related quality-of-life also needs to be taken into account. If one of the objectives of public policy is to reduce inequalities in lifetime health, it will be demonstrated that this is very likely to require systematic discrimination (...) against the older members of a community. The notion of community solidatity will also be tested, because a decision will need to be made as to whether the same fair innings applies to all members of the community, or whether some are entitled to more than others. The strength of the fair innings principle is that it brings these issues to the fore in a systematic way which should ais their resolition in a practical context. (shrink)

Cost effectiveness. Economics. This is an introduction, accessible to non-economists as well as to economists, to the practice of cost benifit analysis. It begins from a discussion of financial appraisal. The distinguishing features of cost benifit analysis are then introduced progressively. Practical examples are used whenever possible to aid the exposition. Economic theory is introduced only where it is immediately relevant to practice. Nonetheless the approach is firmly grounded in economic principles and considerable space is devoted to those ideas that (...) are central to practical cost benefit analysis - shadow prices, consumers' surplus, and valuation of unmarked goods. The additional needs of economically trained readers are catered for by a number of appendices which relate the ideas expounded in the book to mainstream economic theory. (shrink)

Bayesianism tells a story about the epistemic trajectory of an ideally rational agent. The agent begins with a ‘prior’ probability function; thereafter, it conditionalizes on its evidence as it comes in. Consider, then, such an agent at the very beginning of its trajectory. It is ideally rational, but completely ignorant of which world is actual. Let us call this agent ‘superbaby’. We show that superbaby is committed to sincerely asserting propositions of the form [p and I am not justified in (...) believing that p]. (shrink)

Erotic Wisdom provides a careful reading of one of Plato's most beloved dialogues, the Symposium, which explores the nature and scope of human desire (erôs). Gary Alan Scott and William A. Welton engage all of the dialogue's major themes, devoting special attention to illuminating Plato's conception of philosophy. In the Symposium, Plato situates philosophy in an intermediate (metaxu) position--between need and resource, ignorance and knowledge--showing how the very lack of what one desires can become a guiding form of (...) contact with the objects of human desire. The authors examine the concept of intermediacy in relation both to Platonic metaphysics and to Plato's moral psychology, arguing that philosophy, for Plato, is properly understood as a kind of "being in-between," as the love of wisdom (philosophia) rather than the possession of it. (shrink)

The most prevalent approach to understanding recreation experiences in resource management has been a motivational research program that views satisfaction as an appropriate indicator of experience quality. This research explores a different approach to studying the quality of recreation experiences. Rather than viewing recreation experiences as a linear sequence of events beginning with expectations and ending with outcomes that are then cognitively compared to determine experience quality, this alternative approach views recreation as an emergent experience motivated by the not very (...) well-defined goal of acquiring stories that ultimately enrich one's life. Further, it assumes that the nature of human experience is best characterized by situated freedom in which the environment sets boundaries that constrain the nature of the experience, but that within those boundaries recreationists are free to experience the world in unique and variable ways. Therefore this alternative approach seeks a more context specific description of the setting/experience relationship that is intended to complement more general management frameworks (e.g., the Recreation Opportunity Spectrum) developed in conjunction with the motivational research program. (shrink)

_A lively and highly readable commentary on one of Plato’s most beloved dialogues._.