Australia is second only to Israel in being the world’s most culturally diverse nation, based largely on high levels of immigration in the second part of the 20th century. From the 1970s onwards, Australia formally recognized the massive social changes brought about by postwar immigration, and provided legislation to incorporate cultural diversity into everyday lives. One such ‘legislative’ enactment saw the establishment of multicultural broadcasting in Australia, as arguably a world-first, both in its comprehensiveness and diversity. Today, Australia has a (...) public sector corporation, the Special Broadcasting Service, administering five radio services in 68 languages. Also, the Community Radio sector produces multicultural programming in 100 languages through a number of its 330 broadcast and 207 narrowcast stations. This article examines the relationship between radio and its communities. It argues that despite the ‘profile’ of SBS television, radio is much closer to its constituent communities, and therefore plays a greater role in enabling those communities to speak their own histories, beyond the confines of a consensual Anglophile paradigm. (shrink)

In November 2018, the practice of health care ethics consultation crossed a major threshold when 138 candidates took the inaugural Healthcare Ethics Consultant Certification Examination. This accomplishment, long in the making, has had and continues to have both advocates and critics. The Healthcare Ethics Consultant Certification Commission, a functionally autonomous body created and funded by the American Society for Bioethics and Humanities, was charged with overseeing creation of the certification process, developing the exam, and formulating certification standards and policies to (...) assess candidates’ qualifications. In this essay, as members of the commission, we describe the process of developing, administering, and scoring the certification examination as well as the historical context and the outlook for certification. By detailing the decisions and actions of the commission, we aim to provide a transparent account of the commission's efforts to develop a psychometrically sound, reliable, and secure examination through a deliberative, fair, and data‐driven process. (shrink)

First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

This article considers the different kinds of learning that are appropriate for the rapidly expanding range of writing that constitutes an everyday part of most people's working lives. It discusses the importance and demands of everyday writing in work, and the role of formal education in preparing people for the localised learning about writing that is necessary upon entering work. It considers the issue of the transfer of knowledge, and argues that both metacognitive and conceptual understandings about writing are crucial (...) elements in enabling people to transfer and adapt foundation literacy skills to the workplace. (shrink)

The present study used masked repetition priming to examine whether face representations can be accessed without attention. Two experiments using a face recognition task presented masked repetition and control primes in spatially unattended locations prior to target onset. Experiment 1 used the same images as primes and as targets and Experiment 2 used different images of the same individual as primes and targets. Repetition priming was observed across both experiments regardless of whether spatial attention was cued to the location of (...) the prime. Priming occurred for both famous and non-famous targets in Experiment 1 but was only reliable for famous targets in Experiment 2, suggesting that priming in Experiment 1 indexed access to view-specific representations whereas priming in Experiment 2 indexed access to view-invariant, abstract representations. Overall, the results indicate that subliminal access to abstract face representations does not rely on attention. (shrink)

In higher-level cognitive tasks, older compared to younger adults show a bias towards positive emotion information and away from negative information (a positivity effect). It is unclear whether this effect occurs in early perceptual processing. This issue is important for determining if the positivity effect is due to automatic rather than controlled processing. We tested this with older and younger adults on a positive/negative face emotion valence classification task using masked priming. Positive (happy) and negative (angry) face targets were preceded (...) by masked repetition or valence primes with neutral face baselines. In Experiment 1, 30 younger and 30 older adults were tested with 50 ms primes. Younger adults showed repetition priming for both positive and negative targets. Older adults showed repetition priming for positive but not negative targets. Neither group showed valence priming. In Experiment 2, 30 older and 29 younger adults were tested with longer duration primes. Younger adults showed repetition priming for both positive and negative emotions, and no valence priming. Older adults only showed repetition and valence priming for positive targets. We proposed older adults’ lack of angry face priming was due to an early attention orienting strategy favouring happy expressions at the expense of angry ones. (shrink)

The Neo-Moorean Deduction (I have a hand, so I am not a brain-in-a-vat) and the Zebra Deduction (the creature is a zebra, so isn’t a cleverly disguised mule) are notorious. Crispin Wright, Martin Davies, Fred Dretske, and Brian McLaughlin, among others, argue that these deductions are instances of transmission failure. That is, they argue that these deductions cannot transmit justification to their conclusions. I contend, however, that the notoriety of these deductions is undeserved. My strategy is to clarify, attack, (...) defend, and apply. I clarify what transmission and transmission failure really are, thereby exposing two questionable but quotidian assumptions. I attack existing views of transmission failure, especially those of Crispin Wright. I defend a permissive view of transmission failure, one which holds that deductions of a certain kind fail to transmit only because of premise circularity. Finally, I apply this account to the Neo-Moorean and Zebra Deductions and show that, given my permissive view, these deductions transmit in an intuitively acceptable way—at least if either a certain type of circularity is benign or a certain view of perceptual justification is false. (shrink)

COVID-19 is unique in that it is the first global pandemic occurring amidst a crowded information environment that has facilitated the proliferation of misinformation on social media. Dangerous misleading narratives have the potential to disrupt ‘official’ information sharing at major government announcements. Using an interrupted time-series design, we test the impact of the announcement of the first UK lockdown on short-term trends of misinformation on Twitter. We utilise a novel dataset of all COVID-19-related social media posts on Twitter from the (...) UK 48 hours before and 48 hours after the announcement. We find that while the number of tweets increased immediately post announcement, there was no evidence of an increase in misinformation-related tweets. We found an increase in COVID-19-related bot activity post-announcement. Topic modelling of misinformation tweets revealed four distinct clusters: ‘government and policy’, ‘symptoms’, ‘pushing back against misinformation’ and ‘cures and treatments’. (shrink)

This article argues for a revised best system account of laws of nature. David Lewis’s original BSA has two main elements. On the one hand, there is the Humean base, which is the totality of particular matters of fact that obtain in the history of the universe. On the other hand, there is what I call the ‘nomic formula’, which is a particular operation that gets applied to the Humean base in order to output the laws of nature. My revised (...) account focuses on this latter element of the view. Lewis conceives of the nomic formula as a balance of simplicity and strength, but I argue that this is a mistake. Instead, I motivate and develop a different proposal for the standards that figure into the nomic formula, and I suggest a rationale for why these should be the correct standards. Specifically, I argue that the nomic formula should be conceived as a collection of desiderata designed to generate principles that are predictively useful to creatures like us. The resulting view—which I call the ‘best predictive system’ account of laws—is thus able to explain why scientists are interested in discovering the laws, and it also gives rise to laws with the sorts of features that we find in actual scientific practice 1Introduction2The LOPP3A Problem with Lewis's Formula4A Pragmatic Account of the Nomic Formula 4.1Informative dynamics4.2Wide applicability4.3Spatial locality4.4Temporal locality4.5Spatial, temporal, and rotational symmetries4.6Predictively useful properties4.7Simplicity4.8Recap5 Conclusion. (shrink)

The authors survey some debates about the nature and structure of physical theories and about the connections between our physical theories and naturalized metaphysics. The discussion is organized around an “ideal view” of physical theories and criticisms that can be raised against it. This view includes controversial commitments regarding the best analysis of physical modalities and intertheory relations. The authors consider the case in favor of taking laws as the primary modal notion, discussing objections related to alleged violations of the (...) laws, the apparent need to appeal to causality, and the status of probability. The “ideal view” includes a commitment that fundamental physical theories are explanatorily sufficient. The authors discuss several challenges to recovering the manifest image from fundamental physics, along with a distinct challenge to reductionism based on acknowledging the contributions of less fundamental theories in physical explanations. (shrink)

One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if we fail to (...) distinguish between scientific and metaphysical explanations. However, Lange (2013, 2018) has argued that scientific and metaphysical explanations are linked by a transitivity principle, which would undercut Loewer's defense and re-ignite the circularity worry for the Humean. I argue here that the Humean has antecedent reasons to doubt that there are any systematic connections between scientific and metaphysical explanations. The reason is that the Humean should think that scientific and metaphysical explanation have disparate aims, and therefore that neither form of explanation is beholden to the other in its pronouncements about what explains what. Consequently, the Humean has every reason to doubt that Lange's transitivity principle obtains. (shrink)

This Australian text provides students with accessible coverage of the central areas of the jurisprudence course. It examines: asking the law question; common law theory; positivism and natural law; legal service; critical legal studies; feminism; post-modernism; and deconstruction.

"Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern discourse, (...) deconstruction, feminism and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover. (shrink)

That laws of nature play a vital role in explanation, prediction, and inductive inference is far clearer than the nature of the laws themselves. My hope here is to shed some light on the nature of natural laws by developing and defending the view that they involve genuine relations between properties. Such a position is suggested by Plato, and more recent versions have been sketched by several writers.~ But I am not happy with any of these accounts, not so much (...) because they lack detail or engender minor difficulties, though they do, but because they share a quite fundamental defect. My goal here is to make this defect clear and, more importantly, to present a rather different version of this general conception of laws that avoids it. I begin by considering several features of natural laws and argue that these are best explained by the view that laws involve properties, that this involvement takes the form of a genuine relation between properties, and, finally, that the relation is a metaphysically necessary one. In the second section I start at the other end, and by reflecting on the nature of properties arrive at a similar account of natural laws. In the final section I develop this account in more detail, with emphasis on the nature of the relation between properties it invokes. Along the way several natural objections to the account are answered. (shrink)

This essay (a revised version of my undergraduate honors thesis at Stanford) constructs a theory of analogy as it applies to argumentation and reasoning, especially as used in fields such as philosophy and law. The word analogy has been used in different senses, which the essay defines. The theory developed herein applies to analogia rationis, or analogical reasoning. Building on the framework of situation theory, a type of logical relation called determination is defined. This determination relation solves a puzzle about (...) analogy in the context of logical argument, namely, whether an analogous situation contributes anything logically over and above what could be inferred from the application of prior knowledge to a present situation. Scholars of reasoning have often claimed that analogical arguments are never logically valid, and that they therefore lack cogency. However, when the right type of determination structure exists, it is possible to prove that projecting a conclusion inferred by analogy onto the situation about which one is reasoning is both valid and non-redundant. Various other properties and consequences of the determination relation are also proven. Some analogical arguments are based on principles such as similarity, which are not logically valid. The theory therefore provides us with a way to distinguish between legitimate and illegitimate arguments. It also provides an alternative to procedures based on the assessment of similarity for constructing analogies in artificial intelligence systems. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

This paper aims to explain why the laws of nature are held fixed in counterfactual reasoning. I begin by highlighting three salient features of counterfactual reasoning: it is conservative, nomically guided, and it uses hindsight. I then present a rationale for our engagement in counterfactual reasoning that aims to make sense of these features. In particular, I argue that counterfactual reasoning helps us evaluate the evidential relations between unanticipated pieces of evidence and various hypotheses of interest about the history of (...) the actual world. Given this goal, it makes a great deal of sense that counterfactual reasoning would have the aforementioned features. Additionally, it turns out that this account of counterfactual reasoning is nicely congruent with Humean views of laws. Specifically, it can explain, in a Humean-friendly way, both why the laws are counterfactually resilient, and why we may be inclined to have anti-Humean intuitions in the first place, even if some form of Humeanism is correct. (shrink)

One of the most intuitive views about the metaphysics of laws of nature is Tim Maudlin's idea of a Fundamental Law of Temporal Evolution. So-called FLOTEs are primitive elements of the universe that produce later states from earlier states. While FLOTEs are at home in traditional Newtonian and non-relativistic quantum mechanical theories (not to mention our pre-theoretic conception of the world), I consider here whether they can be made to work with relativity. In particular, shifting to relativistic spacetimes poses two (...) threats to FLOTEs. First, the lack of a privileged spacelike hypersurface in relativistic spacetime makes it unclear how to understand what produces what. A survey of several conceptions of the nomic production relation compatible with relativity reveals all of them to be lacking. Second, relativity motivates a four-dimensional block universe conception of time, according to which all events that will ever occur already exist. On such a view, it's unclear what work there is to be done by FLOTEs. I consider how a proponent of FLOTEs might respond, but conclude that these combined threats seriously undermine the prospects of a productive conception of laws. In short, if spacetime is relativistic, laws are not productive. (shrink)

The second edition of Doing Ethics in Media continues its mission of providing an accessible but comprehensive introduction to media ethics, with a theoretical grounding in moral philosophy, to help students think clearly and systematically about dilemmas in the rapidly changing media environment. Each chapter highlights specific considerations, cases, and practical applications for the fields of journalism, advertising, digital media, entertainment, public relations, and social media. Six fundamental decision-making questions - the "5Ws and H" around which the book is organized (...) - provide a path for students to articulate the issues; understand applicable law and ethics codes; consider the needs of stakeholders; work through conflicting values; integrate philosophic principles; and pose a "test of publicity." Students are challenged to be active ethical thinkers through the authors' reader-friendly style and use of critical early-career examples. While most people will change careers several times during their lives, all of us are life-long media consumers, and Doing Ethics in Media prepares readers for that task. Doing Ethics in Media is aimed at undergraduate and graduate students studying media ethics in mass media, journalism, and media studies. It also serves students in rhetoric, popular culture, communication studies, and interdisciplinary social sciences. The book's companion website-doingethicsin.media, or www.doingmediaethics.com-provides continuously updated real-world media ethics examples and collections of essays from experts and students. The site also hosts ancillary materials for students and for instructors, including a test bank and instructor's manual. (shrink)

BACKGROUND: There is a need for interdisciplinary research to better understand how pedagogical approaches in primary physical education (PE) can support the linked development of physical, cognitive and affective aspects of physical literacy and physical activity behaviours in young children. The Skill Acquisition Methods fostering Physical Literacy in Early-Physical Education (SAMPLE-PE) study aims to examine the efficacy of two different pedagogies for PE, underpinned by theories of motor learning, to foster physical literacy, especially for children living in disadvantaged areas. METHODS: (...) SAMPLE-PE will be evaluated through a cluster-randomised controlled trial targeting 5-6 year old children from schools located in areas of high deprivation in Merseyside, North-West England. Schools will be randomly allocated to one of three conditions: Linear Pedagogy, Nonlinear Pedagogy or Control. Nonlinear and Linear Pedagogy intervention primary schools will receive a PE curriculum delivered by trained coaches over 15 weeks, while control schools will follow their usual practice. Data will be collected at baseline (T0), immediately post-intervention (T1) and six months after the intervention has finished (T2). Children’s movement competence is the primary outcome in this trial. Secondary outcomes include physical activity, perceived competence, motivation, executive functions, and self-regulation. An extensive process evaluation will also examine implementation factors such as intervention context, reach, dose, fidelity and acceptability. DISCUSSION: The SAMPLE-PE project will enable better understanding surrounding how to operationalise physical literacy through enrichment of PE practices in early PE. The study will provide robust scientific evidence regarding the efficacy of underpinning PE pedagogy with theories of motor learning to promote the development of physical literacy. (shrink)

This paper aims to explain why the laws of nature are held fixed in counterfactual reasoning. I begin by highlighting three salient features of counterfactual reasoning: it is conservative, nomically guided, and it uses hindsight. I then present a rationale for our engagement in counterfactual reasoning that aims to make sense of these features. In particular, I argue that counterfactual reasoning helps us evaluate the evidential relations between unanticipated pieces of evidence and various hypotheses of interest about the history of (...) the actual world. Given this goal, it makes a great deal of sense that counterfactual reasoning would have the aforementioned features. Additionally, it turns out that this account of counterfactual reasoning is nicely congruent with Humean views of laws. Specifically, it can explain, in a Humean-friendly way, both why the laws are counterfactually resilient, and why we may be inclined to have anti-Humean intuitions in the first place, even if some form of Humeanism is correct. (shrink)

108 Lefebvre (2005:109). 109 Lefebvre (2005: 110,87). 110 Lefebvre (2005: 110) . 111 Lefebvre(1991b: 371¥2) (emphasis in original). 112 Lefebvre(1991b: 372); Lefebvre (1970: 20). 113 Lefebvre(1991b: 372) (emphasis in original).

This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to (...) shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions. (shrink)

This book examines the way in which new discoveries about genetic and neuroscience are influencing our understanding of human behaviour. As scientists unravel more about the ways in which genes and the environment work together to shape the development of our brains, their studies have importance beyond the narrow confines of the laboratory. This emerging knowledge has implications for our notions of morality and criminal responsibility. The extent to which "biological determinism" can be used as an explanation for our behaviour (...) is of interest to philosophers reflecting on the free will versus determinism debate. It also has repercussions for the criminal justice system; in courtrooms around the world, defence lawyers are beginning to appeal to genetic and brain imaging data as grounds for finding their clients not guilty. Can a defendant's genes or the structure of his brain be used as an excuse for his behaviour? Is criminality "hardwired"? Is it legitimate to claim "I couldn't help it, my genes made me do it"? This book appeals to anyone interested in the link between behaviour and genetics, the science and philosophy of moral responsibility and/or criminal law. (shrink)

In this paper, we present a survey of the development of the technique of argument diagramming covering not only the fields in which it originated - informal logic, argumentation theory, evidence law and legal reasoning – but also more recent work in applying and developing it in computer science and artificial intelligence. Beginning with a simple example of an everyday argument, we present an analysis of it visualised as an argument diagram constructed using a software tool. In the context of (...) a brief history of the development of diagramming, it is then shown how argument diagrams have been used to analyze and work with argumentation in law, philosophy and artificial intelligence. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...) critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

The reach of markets and market-based forms of valuation is never unlimited in any society, which invites empirical and political questions regarding how limits to markets are instituted, justified and enforced. Under neoliberalism, the state performs a key role in expanding the reach of markets and associated principles and techniques of valuation, using law and governmental techniques. But this then poses a question of the relationship between the neoliberal state and the market that it endorses and enforces: is the state (...) internal or external to the market order that it helps to construct? European Union state aid rules provide an empirical entry point to consider such questions, providing a combination of normative, technical and sovereign principles, via which the division between state and market can be justified, tested and enacted. The article identifies three separate though overlapping logics within state aid documents, each of which offers the state a justification for suspending the competitive market order: exemptions, in which non-market values are upheld, externalities, in which markets are shown to be technically inefficient, and exceptions – such as the 2008 financial crisis – in which the state abandons the market to save the market. (shrink)

Much of Stephen Jay Gould’s legacy is dominated by his views on the contingency of evolutionary history expressed in his classic Wonderful Life. However, Gould also campaigned relentlessly for a “nomothetic” paleontology. How do these commitments hang together? I argue that Gould’s conception of science and natural law combined with his commitment to contingency to produce an evolutionary science centered around the formulation of higher-level evolutionary laws.

Overgeneralizations by psychologists of the research evidence on memory and eyewitness testimony, such as “memory decays with time” or “memories are fluid and malleable,” are beginning to appear in legal judgements and guidance documents, accompanied by unwarranted disparagement of lay beliefs about memory. These overgeneralizations could have significant adverse consequences for the conduct of civil and criminal law.