Measuring neuronal activity with electrophysiological methods may be useful in detecting neurological dysfunctions, such as mild traumatic brain injury (mTBI). This approach may be particularly valuable for rapid detection in at-risk populations including military service members and athletes. Electrophysiological methods, such as quantitative electroencephalography (qEEG) and recording event-related potentials (ERPs) may be promising; however, the field is nascent and significant controversy exists on the efficacy and accuracy of the approaches as diagnostic tools. For example, the specific measures derived from an (...) electroencephalogram (EEG) that are most suitable as markers of dysfunction have not been clearly established. A study was conducted to summarize and evaluate the statistical rigor of evidence on the overall utility of qEEG as an mTBI detection tool. The analysis evaluated qEEG measures/parameters that may be most suitable as fieldable diagnostic tools, identified other types of EEG measures and analysis methods of promise, recommended specific measures and analysis methods for further development as mTBI detection tools, identified research gaps in the field, and recommended future research and development thrust areas. The qEEG study group formed the following conclusions: 1. Individual qEEG measures provide limited diagnostic utility for mTBI. However, many measures can be important features of qEEG discriminant functions, which do show significant promise as mTBI detection tools. 2. ERPs offer utility in mTBI detection. In fact, evidence indicates that ERPs can identify abnormalities in cases where EEGs alone are nondisclosing. 3. The standard mathematical procedures used in the characterization of mTBI EEGs should be expanded to incorporate newer methods of analysis including nonlinear dynamical analysis, complexity measures, analysis of causal interactions, graph theory and information dynamics. 4. and 5. are too long to include here. (shrink)

Work in philosophy of religion exhibits at least four symptoms of poor health: it is too partisan, too polemical, too narrow in its focus, and too often evaluated using criteria that are theological or religious instead of philosophical. Our diagnosis is that, because of the emotional and psychosocial aspects of religion, many philosophers of religion suffer from cognitive biases and group influence. We support this diagnosis in two ways. First, we examine work in psychology on cognitive biases and their affective (...) triggers. This work supports the view that, while cognitive biases are no doubt a problem in all inquiry and in all areas ofphilosophy, they are particularly damaging to inquiry in philosophy of religion. Second, we examine work in social and evolutionary psychology on religious sociality and its attendant emotions. This work establishes that the coalitional features of religion are correlated with group bias, and we contend that this bias is also harmful to inquiry in philosophy of religion. We close by offering both a prognosis and recommendations for treatment. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

The aim of this chapter is to address the role of memory in past-life convictions. Although it is commonly accepted in the modern media - and popular western culture more generally - that people believe they have lived before because the memory contains detailed verifiable facts, little is known about how people actually reason about the veracity of their previous existence. To our knowledge, the current project is the most extensive research that probes the role of memory in past life (...) convictions. More specifically, we explore two questions. First, to what extent does memory lead to past-life belief, and is this conviction based on external validation or via the episodic sense of personal identity contained in the memory? Second, what is the conception of self on which one's current self is taken to be the same as the past-life self? -/- In what follows, we propose that memory plays an important role in convincing people that they have lived before. Fundamentally, this memory is episodic insofar as it represents the event as happened to the encoder. This memory contrasts with semantic memory - memory of facts...Further, we contend that it is the episodic sense of personal identity (rather than external validation) that typically contributes to the belief in a past life. Finally, we argue that the conception of self implicated in past-life belief is the non-trait conception. Of course, this fits naturally with the idea that the belief in a past life issues partly from the episodic sense of identity, since it is the non-trait conception of self that is implicated in the episodic sense of identity... -/- Our proposal in this chapter can be construed as a psychological extension of Reid's point in the context of past-life belief. People assume that they are the same person as someone in earlier times, despite large variations in the traits between those individuals, and they think this partly because of the testimony of their episodic memory. If our account is correct, then it makes the belief in a past life less bizarre, at least psychologically. For we are suggesting that the episodic sense of personal identity that led to your conviction that you existed at the time of your sixteenth birthday celebrations some decades ago, is also involved in other people's convictions that they existed 200 years ago. This proposal is also situated in recent cognitive approaches to the study of religion and religious experiences, which suggests that extraordinary convictions are often underpinned by the ordinary processes of social cognition (e.g. see Barrett 2000; Barrett 2007; Boyer 2001; Lawson and McCauley 1990; for reincarnation, see White Forthcoming-a,-b). (shrink)

_In Defense of Anarchism_ is a 1970 book by the philosopher Robert Paul Wolff, in which the author defends individualist anarchism. He argues that individual autonomy and state authority are mutually exclusive and that, as individual autonomy is inalienable, the moral legitimacy of the state collapses.

The writings of the French Marxist philosopher Louis Althusser and his associates have figured prominently in the development of contemporary social theory. The Althusserian school of Structural Marxism is a startlingly original synthesis of Marxism and Modernism, which has produced a large body of work that extends across the human sciences and the humanities to engage a wide variety of cultures, theoretical problems, and political issues. Despite the fact that Althusser himself is widely recognized as a major figure, the breadth, (...) coherence, and achievements of Structural Marxism as a whole have gone largely unrecognized. In this, the most systematic and wide-ranging assessment of Structural Marxism in any language, Resch provides a comprehensive and thematic introduction to the work of Althusser, Nicos Poulantzas, Pierre Macherey, Etienne Balibar, Emmanuel Terray, Terry Eagleton, Göran Therborn, Renée Balibar, Perry Anderson, Pierre-Philippe Rey, Michel Pêchaux, Guy Bois, and others. Resch's sympathetic and critical study demonstrates the enormous significance of Althusser's modernist renewal of Marxist social theory and its ongoing challenge to post-Marxist movements such as postmodernism and neo-liberalism. (shrink)

This comprehensive text covers all the standard topics of the contemporary logic course--informal logic, classical deductive logic, induction and scientific reasoning, including the logical fallacies, legal reasoning, and the practice of argument analysis. Exceptionally fine examples and exercises illustrate and reinforce important points throughout. The text is accompanied by a Study Guide for students and an Instructor's Manual.

Democracy is emerging as the political system of choice throughout the world. Peoples now freed from the shackles of totalitarian systems seek to share the benefits made possible by democracy in its "home bases" in North America and Western Europe. Yet, paradoxically, in the last decade liberal democracy has been subjected to an onslaught of criticism from thinkers at its "home bases". Criticisms of democracy have been informed by scholarship in feminism, postmodernism and communitarianism as well as the revived interest (...) in applying ethics to public policy. These criticisms raise important questions about the traditional values - liberalism, neutrality or equality, autonomy, and human rights - thought to justify democracy. They also raise questions about the success of democratic systems in promoting alternative values and in protecting lifestyles not desired by majorities. This anthology contains essays by authors at the forefront of the controversy as well as by acute observers of the processes by which "democratic" public policy is formed. The essays include criticisms of democratic theory and practice, defences of liberalism (the set of values often thought to ground democracy), calls for major revisions of democratic institutions and practices, and recommendations for new ways of understanding our rights and responsibilities as members of democratic communities. Show More Show Less. (shrink)

Women in the Crossfire seeks to understand the practice of honor killing from a variety of cultural and disciplinary perspectives and analyzes empirical research on honor killing, including a large original study published here for the first time. The book examines the root causes of honor killing both in human psychology and cultural evolution, and it recommends specific measures for protecting potential victims and ending honor killing altogether.

Innovations in Evidence and Proof' brings together leading scholars and law teachers from the US, Australia, Canada, South Africa, and the UK to explore the latest developments in evidence scholarship.--Résumé de l'éditeur.

The United States is now relying on Reaper and Predator drone strikes as its primary strategy in the continuing “war on terrorism.” This paper argues for the rational scrutiny drone warfare has not yet received. Rather than a Just War critique, my focus is on the rhetoric used to justify drone warfare as the technologically most efficient and militarily appropriate response to terrorist threats. This rationalizing rhetoric evokes mythical claims about American exceptionalism. Myths in turn trigger linguistic frames that have (...) the effect of subverting rational thinking about the ethical uses of technology and the best ways of defending America from terrorists. I conclude by noting the seriousness of this investigation for the present debate over armed drone warfare, for—given the reasons I present—rather than a long-term reduction in the likelihood of terrorists strikes, the U.S.’s reliance on armed drones strikes threatens to institutionalize terrorism as the status quo for the foreseeable future. (shrink)

The Description for this book, Understanding Rawls: A Reconstruction and Critique of A Theory of Justice, will be forthcoming.

This paper proposes the ‘AGENCY model’ of conscious state attribution, according to which an entity's displaying certain relatively simple features (e.g. eyes, distinctive motions, interactive behavior) automatically triggers a disposition to attribute conscious states to that entity. To test the model's predictions, participants completed a speeded object/attribution task, in which they responded positively or negatively to attributions of mental properties (including conscious and non-conscious states) to different sorts of entities (insects, plants, artifacts, etc.). As predicted, participants responded positively to conscious (...) state attributions only for those entities that typically display the simple features identified in the AGENCY model (eyes, distinctive motion, interaction) and took longer to deny conscious states to those entities. (shrink)

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the presumption (...) of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)

A critique of two eliminative positions in philosophy of mind in the light of Michael Polanyi's account of mind: Rorty's disappearance theory and Churchland's eliminative materialism.

Debate concerning virtual reality is often drawn in terms of sharply defined dichotomies--for example, between "real" (or "actual") and "virtual," "authentic" and "inauthentic," and "natural" and "artificial." In this paper we offer an alternative approach by suggesting a conception of a virtual world that highlights a continuity and commonality with our sense of everyday reality. We accomplish this in part by an examination of the English picturesque garden as if it were a virtual world partially constructed out of ideas and (...) objects collected during travels to foreign lands on the Grand Tour. Such foreign travel transformed not only the English person's sense of self, but also altered the English landscape. We conclude that in one sense the "real" England is also a "virtual" reality. (shrink)

Beyond tolerance, by R. P. Wolff.--Tolerance and the scientific outlook, by B. Moore.--Repressive tolerance, by H. Marcuse.

Konfuzius, Chinas grosser Weiser, ist 1974 wieder einmal von seinen modernen Landsleuten unter Beschuss geraten. In diesem Buch wird das radikal-kritische Bild, das man damals von Konfuzius aufstellte, anhand der Originalquellen uberpruft. Durch diese Methode der Gegenuberstellung versucht der Autor zu zeigen, dass die wahren Anliegen des Meisters und seiner Schule klarer und aktueller zutage treten. Insbesonde sollte deutlich werden, dass Konfuzius' tiefe Einsichten in das menschliche Wesen von einem unerschutterlichen, religios zu nennenden Glauben getragen wurden. In der Post-Mao-Ara sind (...) die Konfuziuskritiker bereits langst wieder selber kritisiert und der Meister teilweise positiver bewertet worden. Der Anhang gibt davon ein gutes Beispiel. Fur den nicht eingeweihten westlichen Leser aber ist die innerchinesische Konfuziusdiskussion nicht ohne weiteres verstandlich. Daher bemuht sich der Autor, die wichtigsten Daten uber Leben und Lehre des Meisters systematisch zu rekonstruieren. Manche Einzelheiten werden dabei neu uberpruft, und die vielen Zitate sind alle neu ubersetzt worden. Somit durfte diese Studie fur Fachleute wie auch fur Laien von Interesse sein. Konfuzius, Chinas immer wieder entthronter Heiliger, der ubrigens nie einen Thron innehatte, wird in seinem Lande noch lange Zeit aktuell bleiben. Daruberhinaus bleibt er eine der grossen Gestalten der Weltgeschichte, die der Menschheit in der Suche nach der wahren Menschlichkeit leuchtend vorangegangen sind.". (shrink)

Behavioural scientists show altruism to exist as a distinctive personality. Yet when subjected to philosophical scrutiny, and altruistic personality is prima facie paradoxical. To motivate herself to help others, the altruist needs ?extensivity?, the capacity to compassionately identify with others. To aid others effectively, however, the altruist must have individuation, the possession of highly developed autonomy and self-efficacy. We assert that a better understanding of the relationship between concern for others and concern for self reveals the paradox to be merely (...) apparent. We find that, in extending themselves in caring behaviours, altruists actually enhance their individuality. Moreover, given the differences between compassion and empathy and the way empathy medicates between compassionate co-feeling and individuation, extensivity and individuation do not necessarily conflict. We conclude therefore that despite appearances the altruistic personality is a coherent construct. (shrink)

Societies emerging from severe internal bloodshed along ethnic, racial or religious lines face significant problems of reconciliation. A particularly “deep” form of recognition between former victims and offenders is necessary to end enmity and achieve solidarity. Yet it appears that deep reconciliation is logically incoherent as it requires that forgiveness be asked and be given for acts that are inexcusable and unforgivable. I argue, however, that toleration, understood as moral attitudes and dispositions, helps us understand why deep reconciliation is logically (...) coherent. Dispelling the apparent paradox lies in understanding the role of toleration in forming what I call relationships of “acknowledgment and forbearance.” Relationships of acknowledgement and forbearance overcome elements of enmity and estrangement, and such relationships are necessary, in turn, for deep reconciliation. (shrink)

Societies emerging from severe internal bloodshed along ethnic, racial or religious lines face significant problems of reconciliation. A particularly “deep” form of recognition between former victims and offenders is necessary to end enmity and achieve solidarity. Yet it appears that deep reconciliation is logically incoherent as it requires that forgiveness be asked and be given for acts that are inexcusable and unforgivable. I argue, however, that toleration, understood as moral attitudes and dispositions, helps us understand why deep reconciliation is logically (...) coherent. Dispelling the apparent paradox lies in understanding the role of toleration in forming what I call relationships of “acknowledgment and forbearance.” Relationships of acknowledgement and forbearance overcome elements of enmity and estrangement, and such relationships are necessary, in turn, for deep reconciliation. (shrink)

MOOCS, or massive, online, and open courses aheady have made a major impact on college education. They are touted as a means of developing the best educational products most efficiently and to the widest possible audiences. Of several reasons for concern about MOOCs, however, one briefly considered here isthe contribution MOOCs might make to the decline of the professoriate. The major issue I discuss pertains to the way we ought to understand the ethics of teaching. While promoters of MOOCs believe (...) that the process of teaching can be separated from its content, or product, I dispute this claim. Followmg Alasdair Maclntyre, I argue for an ethics of teaching that includes an ethics of aspiration as well as the virtues. On the model of ethical teachuig thus presented, process cannot be separated from product, and MOOCs seriously interfere with the ethical objectives we seek to attain with our students. (shrink)