There are important reasons for states to recognize and enforce the judgments of other states’ courts. There are also reasons that may militate against recognition or enforcement of certain foreign judgments, making it appropriate to calibrate or “fine tune” the presumption favoring recognition and enforcement so it is not applied too broadly. Most calibration principles, such as the principle that a judgment from a court lacking jurisdiction should not be recognized, are case-specific. However, one calibration principle that is, to our (...) knowledge, unique to the law of the United States stands out: the principle of systemic calibration, according to which U.S. courts must not recognize or enforce foreign judgments “rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.” In this Article, we aim to shed empirical light on how U.S.-style systemic calibration operates in practice. We find that state-of-origin indicator scores related to systemic adequacy are on average higher when U.S. courts recognize or enforce foreign judgments than when they refuse to do so. Moreover, the probability of recognition and enforcement increases as these indicator scores increase. However, in only six of the 587 opinions in our dataset did a court refuse recognition or enforcement based explicitly on the systemic inadequacy ground. Thus, while the level of systemic calibration in U.S. courts is high, it is mostly achieved implicitly. Finally, even judgments from states with low systemic adequacy scores are sometimes recognized or enforced by U.S. courts. (shrink)

The processes underwriting the acquisition of culture remain unclear. How are shared habits, norms, and expectations learned and maintained with precision and reliability across large-scale sociocultural ensembles? Is there a unifying account of the mechanisms involved in the acquisition of culture? Notions such as “shared expectations,” the “selective patterning of attention and behaviour,” “cultural evolution,” “cultural inheritance,” and “implicit learning” are the main candidates to underpin a unifying account of cognition and the acquisition of culture; however, their interactions require greater (...) specification and clarification. In this article, we integrate these candidates using the variational (free-energy) approach to human cognition and culture in theoretical neuroscience. We describe the construction by humans of social niches that afford epistemic resources called cultural affordances. We argue that human agents learn the shared habits, norms, and expectations of their culture through immersive participation in patterned cultural practices that selectively pattern attention and behaviour. We call this process “thinking through other minds” (TTOM) – in effect, the process of inferring other agents’ expectations about the world and how to behave in social context. We argue that for humans, information from and about other people's expectations constitutes the primary domain of statistical regularities that humans leverage to predict and organize behaviour. The integrative model we offer has implications that can advance theories of cognition, enculturation, adaptation, and psychopathology. Crucially, this formal (variational) treatment seeks to resolve key debates in current cognitive science, such as the distinction between internalist and externalist accounts of theory of mind abilities and the more fundamental distinction between dynamical and representational accounts of enactivism. (shrink)

The target article “Thinking Through Other Minds” (TTOM) offered an account of the distinctively human capacity to acquire cultural knowledge, norms, and practices. To this end, we leveraged recent ideas from theoretical neurobiology to understand the human mind in social and cultural contexts. Our aim was bothsynthetic– building an integrative model adequate to account for key features of cultural learning and adaptation; andprescriptive– showing how the tools developed to explain brain dynamics can be applied to the emergence of social and (...) cultural ecologies of mind. In this reply to commentators, we address key issues, including: (1) refining the concept of culture to show how TTOM and the free-energy principle (FEP) can capture essential elements of human adaptation and functioning; (2) addressing cognition as an embodied, enactive, affective process involving cultural affordances; (3) clarifying the significance of the FEP formalism related to entropy minimization, Bayesian inference, Markov blankets, and enactivist views; (4) developing empirical tests and applications of the TTOM model; (5) incorporating cultural diversity and context at the level of intra-cultural variation, individual differences, and the transition to digital niches; and (6) considering some implications for psychiatry. The commentators’ critiques and suggestions point to useful refinements and applications of the model. In ongoing collaborations, we are exploring how to augment the theory with affective valence, take into account individual differences and historicity, and apply the model to specific domains including epistemic bias. (shrink)

Follow the leader: why people go against their better judgment? -- How could they do that?: understanding the many sources and faces of evil -- Silently standing by: why we do or don't come to the aid of those who need us -- Paving the way to resistance: the gift of good during the Nazi occupation 1939-1945 -- Preconditions of resistance during the Armenian and Rwandan genocides -- Nature of goodness -- The world of heroes: why we need heroes -- (...) Conclusion. (shrink)

This article argues that contemporary polemics against critical reading, understood as the enduring legacy of “theory” in the humanities, overlook the unusual and generative concept of critique formulated by one of the literary scholars most closely associated with “theory,” the German-born American literary critic Geoffrey Hartman. For Hartman, critique amounts to a thinking that exposes itself to the alterity of the future and thus risks being wrong. Engaging two of Hartman’s essays from the mid-1980s, “The Struggle for the Text” and (...) “Meaning, Error, Text,” the article specifically argues that Hartman derives this concept of critique as thinking that risks error from rabbinic midrash. However, this does not mean that Hartman seeks to “do midrash” himself. To the contrary, what Hartman learns from midrash is that the very structure of linguistic repetition, citation, or imitation forecloses the possibility of absolute fidelity to tradition. In “The Struggle for the Text,” he demonstrates this lesson through subversive readings of Genesis 32 and a fragment from Sigmund Freud’s Beyond the Pleasure Principle; in “Meaning, Error, Text,” Hartman historicizes his hermeneutic in relation to Christian supersession and the Holocaust, claiming ethical and political significance for his “restitution” of midrash as a model of critique. (shrink)

Five concepts are presented which together form elements of a theoretical framework for American history: 1) persistent inequality from one stage of history to another under the impact of massive transforming social and political influences; 2) systematization, referring to the way in which people sought to organize institutions in both private and public affairs so as to integrate people and resources into ever larger systems of human action; 3) differentiation, which is the realm of human identity and meaning, of understanding (...) personal possibilities and limitations, and of choosing whether one seeks to be similar to or different from others; 4) interactions among levels of scale, of which the aspects of perception, personal networks, and institutions are especially important; and 5) innovation and response, or change and response to change. Each concept is well rooted in recently accumulated evidence. Together they constitute useful building blocks of theory which enable one to integrate the vast and often diffuse outpouring of literature in both social and political history. (shrink)

The right to privacy is a moral concept that has been debated for centuries. This article traces the histo y of the concept and examines how the existence of a right to privacy has been defended by philosophers through the years. This article examines the strategies behind those arguments, showing how some of them are more convincing than others. Following this analysis is a practical argument for recognizing a universal right to privacy over intimate relationships and information. Intimacy is a (...) part of human dipity, and revealing it does not tell much about the character of politicians, or anyone else. Intimacy deserves protection. (shrink)

Child-to-parent violence has dramatically risen in the last decade, becoming a concerning issue in many countries, so research on this issue has also increased. However, most of the studies on this topic have been conducted with samples of adolescents, and very few with samples of parents. In addition, the variety of assessment instruments does not reflect the elements of this type of violence. Thus, the current study was aimed to examine the factor structure, reliability, and validity of the Child-to-parent Violence (...) Questionnaire, parents’ version, in a sample of Spanish parents of adolescents. Moreover, the prevalence rates of the different types of violence and the reasons for violence were also examined. A total of 1,012 Spanish parents of adolescents aged between 12 and 17 years old were assessed using the CPV-Q-P. Data indicated a matrix of four factors with 14 items, assessing psychological violence, physical violence, financial violence, and control/domain over parents, and two factors with 8 items capturing the reasons for child-to-parent violence, with adequate psychometric properties. The more frequent type of violence was control and domain over parents, followed by psychological, financial, and physical violence, with no significant differences between mothers and fathers. Otherwise, instrumental reasons were more frequent than reactive types, with no differences between mothers and fathers. The CPV-Q-P is a useful instrument to assess child-to-parent violence from the parents’ perspective in both professional and research settings. (shrink)

Academic achievement is a factor of interest in both psychology and education. Determining which factors have a negative or positive influence on academic performance has produced different investigations. The present study focuses on analyzing the relationship between resilience, emotional intelligence, self-concept and the academic achievement of university students. For this purpose, different self-report tools were administered to a sample of 1,020 university students from Southern Spain. The Structural Equation-based mediational analysis suggests that there is no direct relationship between resilience and (...) academic achievement, nor between emotional intelligence and academic achievement. Likewise, self-concept is positioned as a mediating factor in the relationship between resilience and academic achievement. The findings indicate that university students who exhibit high levels of resilience tend to cope better with difficult moments and understand and value the effort required and invested in study time. This study supports positive beliefs and behaviors for better academic achievement. (shrink)

The controversy over the equivalence of continuous sedation until death (CSD) and physician-assisted suicide/euthanasia (PAS/E) provides an opportunity to focus on a significant extended use of CSD. This extension, suggested by the equivalence of PAS/E and CSD, is designed to promote additional patient autonomy at the end-of-life. Samuel LiPuma, in his article, “Continuous Sedation Until Death as Physician-Assisted Suicide/Euthanasia: A Conceptual Analysis” claims equivalence between CSD and death; his paper is seminal in the equivalency debate. Critics contend that sedation (...) follows proportionality protocols for which LiPuma’s thesis does not adequately account. Furthermore, sedation may not eliminate consciousness, and as such LiPuma’s contention that CSD is equivalent to neocortical death is suspect. We not only defend the equivalence thesis, but also expand it to include additional moral considerations. First, we explain the equivalence thesis. This is followed by a defense of the thesis against five criticisms. The third section critiques the current use of CSD. Finally, we offer two proposals that, if adopted, would broaden the use of PAS/E and CSD and thereby expand options at the end-of-life. (shrink)

Can the Internet reach beyond the U. S. college samples predominant in social science research? A sample of 564,502 participants completed a personality questionnaire online. We found that 19% were not from advanced economies; 20% were from non-Western societies; 35% of the Western-society sample were not from the United States; and 66% of the U. S. sample were not in the 18–22 (college) age group.

Concerns have been raised in Africa to address women’s construction health and safety needs adequately. These concerns include less participation of women in the sector, low income and less benefits being given to women, lack of adequate protective construction clothing suited for women, unfavourable employment conditions for women, and lack of construction site security and other facilities for women. This research article provides an overview of the suggested solutions to address the concerns raised. In addition, practical interventions being implemented by (...) the Durban University of Technology and Makerere University research collaboration project team to address women’s needs in construction health and safety through women empowerment and involvement in construction research, education and practice in Africa are outlined. The main approaches applied in this research study are as follows: use of relevant publications on women’s construction health and safety needs in Africa and analysis of data obtained from reliable construction professional bodies in South Africa and Uganda to demonstrate gender imbalances.Contribution: The main contribution of this study was to emphasise the significance of including and involving women in construction research, education and practice as a major solution to address women’s health and safety needs in Africa in the future as women are in a much better position to understand their own needs than men. (shrink)

This book examines when it is morally appropriate for medical intervention to hasten the dying process. The authors’ overriding goal is to humanize the dying process by expanding patient centered autonomous control.

Avoiding whinges from various and potentially conflicting stakeholders is a major challenge for sustainable development and for the identification of sustainability scenarios or policies for biodiversity and ecosystem services. It turns out that independently complying with whinge thresholds and constraints of these stakeholders is not sufficient because dynamic ecological-economic interactions and uncertainties occur. Thus more demanding no whinge standards are needed. In this paper, we first argue that these new boundaries can be endogenously exhibited with the mathematical concepts of viability (...) kernel and viable controls. Second, it is shown how these no whinge kernels have components, such as harvesting of resources, that should remain within safe corridor while some other components, in particular biodiversity, have only lower conservation limits. Thus, using radar charts, we show how this no whinge kernels can take the shape of a tree that we name viability tree. These trees of viability capture the idea that the unbounded renewal potential of biodiversity combined with a bounded use of the different ecosystem services are crucial ingredients for the sustainability of socio-ecosystems and the design of no whinge policies reconciling the different stakeholders involved. (shrink)

The philosophy of cognitive science is concerned with fundamental philosophical and theoretical questions connected to the sciences of the mind. How does the brain give rise to conscious experience? Does speaking a language change how we think? Is a genuinely intelligent computer possible? What features of the mind are innate? Advances in cognitive science have given philosophers important tools for addressing these sorts of questions; and cognitive scientists have, in turn, found themselves drawing upon insights from philosophy--insights that have often (...) taken their research in novel directions. The Oxford Handbook of Philosophy of Cognitive Science brings together twenty-one newly commissioned chapters by leading researchers in this rich and fast-growing area of philosophy. It is an indispensible resource for anyone who seeks to understand the implications of cognitive science for philosophy, and the role of philosophy within cognitive science. (shrink)

Recently both whole brain death (WBD) and higher brain death (HBD) have come under attack. These attacks, we argue, are successful, leaving supporters of both views without a firm foundation. This state of affairs has been described as “the death of brain death.” Returning to a cardiopulmonary definition presents problems we also find unacceptable. Instead, we attempt to revive brain death by offering a novel and more coherent standard of death based on the permanent cessation of mental processing. This approach (...) works, we claim, by being functionalist instead of being based in biology, consciousness, or personhood. We begin by explaining why an objective biological determination of death fails. We continue by similarly rejecting current arguments offered in support of HBD, which rely on consciousness and/or personhood. In the final section, we explain and defend our functionalist view of death. Our definition centers on mental processing, both conscious and preconscious or unconscious. This view provides the philosophical basis of a functional definition that most accurately reflects the original spirit of brain death when first proposed in the Harvard criteria of 1968. (shrink)

We present evidence that smiling is positively associated with positive affect in women and negatively associated with negative affect in men. In line with Vigil's model, we propose that, in women, smiling signals warmth (trustworthiness cues), which attracts fewer and more intimate relationships, whereas in men, smiling signals confidence and lack of self-doubt (capacity cues), which attracts numerous, less-intimate relationships.

In a recent article in this journal our unit was accused of a number of errors of judgment in applying covert video surveillance (CVS) to infants and children suspected of life-threatening abuse. The article implied, that on moving from the Royal Brompton Hospital in London to North Staffordshire Hospital, we failed to present our work to the Research Ethics Committee (REC). We did send our protocol to the REC though we did not consider that, after a total of 16 patients (...) had been documented as being the subject of life-threatening abuse, this was research. The REC in Staffordshire agreed with us. We were also accused of undertaking work that should be pursued by the Police. We agree with this. However, unlike the Metropolitan Police the Staffordshire Police would not undertake CVS. We fail to agree that 'working together' with parents is necessarily practical or safe when trying to protect children from life-threatening abuse of this kind. (shrink)

Susan D. McCammon and Nicole M. Piemonte offer a thoughtful and thorough commentary on our manuscript entitled “Expanding the use of Continuous Sedation Until Death.” In this reply we attempt to clarify and further defend our position. We show how continuous sedation until death is not a “first resort” but rather a legitimate option among many that should available to terminally ill patients whose life expectancy is less than six months. We also attempt to show that we do not equivocate (...) the meaning of palliative care as the commentators suggested. We argue that the traditional notion of palliative care should move beyond relief of “experienced suffering” to relief of potential suffering for those whose life expectancy is less than six months. Lastly, we challenge the commentator’s position that the realm of ordinary medicine” should be the guide to care, by showing how the notion of ordinary medicine has been successfully challenged in both bioethical scholarship and the courts in a way that shows ordinary medicine to be an evolving concept rather than a static, universal guide. (shrink)