This paper takes the position that interpretations of legal discourse are invariably taken in the context of socio-pragmatic realities to which a particular instance of discourse applies. What makes this process even more complicated is the fact that social realities themselves are often negotiated within the mould of one’s subjective conceptualisations of reality. Institutions and organisations, including people in power, often represent socio-political realities from an ideologically fuelled perspective, engendering many ‘illusory’ categories often a result of contested versions of reality. (...) To substantiate this view, we discuss interpretations of a number of interesting contemporary and controversial laws, including America’s Patriot Act and Hong Kong’s proposed Article 23 of the Basic Law. Both laws can be seen as illustrative of the definitional conflict that abstract concepts such as democracy and human rights are subjected to in their own specific socio-political contexts. While America crowns itself with democracy and Hong Kong struggles to achieve it in effective synthesis with its unique political arrangement, the laws produced by both contrasting political systems are unexpectedly similar, aiming for the moderation of basic rights. The actions of both governments set against their beliefs and discourses, and furthermore set against one another and other media voices, particularly those of non-governmental organisations, political activists, and other socio-political groups, demonstrate contestation of realities, giving rise to ‘discursive illusions’, which seem to be interpreted not so much on the basis of their linguistic construction but more on the basis of socio-pragmatic factors, such as trust, belief, transparency, control and power. (shrink)

In light of the coronavirus pandemic, an international study (N = 1066) was conducted to explore the new bioterrorism conspiracy, faith in government, and compliance with public health guidelines related to COVID-19. Hierarchical regressions showed that while general belief in conspiracies decreased faith in government during COVID-19, it increased belief in bioterrorism regarding the coronavirus. Critical thinking was associated with decreased endorsement of biowarfare conspiracy. Higher levels of belief in bioterrorism, faith in government, and perceived risk positively facilitated compliance behavior (...) in public internationally. Interestingly, while people reported ‘worrying about others’ as their motivation to follow guidelines, ‘worrying about self’ was most strongly associated with compliance. The implications of these findings are discussed in the light of enhancing compliance with public health guidelines and effective ways of conveying them to an increasingly polarized society. (shrink)

The months preceding and following the inauguration of Donald Trump as the 45th President of the United States have incited furious debate about the authenticity of media discourse in the shaping of reality, including in particular the reporting of refugees from predominantly Muslim regions and their resettlement in Western nations. Much of this debate is rooted in how opposing discourse clans, such as liberal and conservative ideologies, construct a narrative of nationhood around contested views of refugees. Examining mainstream and alternative (...) media from a critical discourse analytic perspective, the article uncovers how two key narratives about the Syrian refugee crisis emerge when the media attempt to orient their respective audiences to government policy through the discursive formation of the American Dream. Drawing on aspects of historicity, linguistic and semiotic action, and social impact, the analysis of the data reveals a discursive fracas between a humanistic perspective on the crisis that exploits a banal understanding of the American Dream and a more dichotomous narrative that homogenises refugees as a threat to the American way of life. These observations add to the growing body of literature that questions the ways in which the media discursively shapes, and is shaped by, political ideologies. (shrink)

The classical theory of rational choice is built on several important internal consistency conditions. In recent years, the reasonableness of those internal consistency conditions has been questioned and criticized, and several responses to accommodate such criticisms have been proposed in the literature. This paper develops a general framework to accommodate the issues raised by the criticisms of classical rational choice theory, and examines the broad impact of these criticisms from both normative and positive points of view.

This article shows how the construction of transnational migrant communities across international borders poses a challenge to the assumed "natural" isomorphism of space, nations, and cultures that typically exists in theories of cultural and cross-cultural psychology. One of the principal aims of this article is to add to the critical impulse that initially defined the vision of cultural psychology by analyzing how transnational diaspora communities have become new sites for the rethinking of core concepts such as culture, self, nation and (...) identity. By drawing on Gupta and Ferguson's work, I present three important ways through which cultural theorizing can be reconfigured in the present transnational context. 2012 APA, all rights reserved). (shrink)

Convolutional neural networks (CNNs) are increasingly widely used in psychology and neuroscience to predict how human minds and brains respond to visual images. Typically, CNNs represent these images using thousands of features that are learned through extensive training on image datasets. This raises a question: How many of these features are really needed to model human behavior? Here, we attempt to estimate the number of dimensions in CNN representations that are required to capture human psychological representations in two ways: (1) (...) directly, using human similarity judgments and (2) indirectly, in the context of categorization. In both cases, we find that low-dimensional projections of CNN representations are sufficient to predict human behavior. We show that these low-dimensional representations can be easily interpreted, providing further insight into how people represent visual information. A series of control studies indicate that these findings are not due to the size of the dataset we used and may be due to a high level of redundancy in the features appearing in CNN representations. (shrink)

There is something missing in existing discussions of domination. While republican theory, antisubordination theory, and critical legal theory each have contributed significantly to our understanding of domination, their focus on structural relationships and group subordination can leave out of focus the individual wrongs that make up domination, each of which is an unjustified exercise of power by one person over another. Private law (supported by private law theory) plays an important role in filling out our pictures of domination and the (...) role of the state in limiting it. Private law allows us to recognize domination in wrongs by one person against another, and it has the potential to articulate the state-enforced boundaries on domination as well as a framework for thinking through inevitable compromises between the aspiration to nondomination and other basic interests of a liberal state. We can understand employment law as continuous with private law, that is, attempting to vindicate a nondomination principle in the context of employment by regulating specific acts of employers. Alternatively, we might understand employment relationships to define group membership, commonly recognized along class lines. In that case, employment law is not about individual nondomination but about mitigating class subordination. It might do this in service of the antisubordination principle, or in order to ensure that employees are capable and ready to exercise the responsibilities of democratic citizenship. While these various purposes largely coincide, there are points of normative divergence which sometimes require that we prioritize one or other function of employment law over the others. (shrink)

Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not (...) reflect our individual moral constitutions — our values, virtues, vices, the set of reasons we reject and the set of reasons we endorse — we are not justified in regulating contracts reluctantly. Contracts are entitled to the privilege of liberal regulatory deference only to the extent that they are the work product of individual autonomy. The assumption that contract is voluntary does enormous work in most normative theories of contract. This Article takes still more seriously the obstacles to autonomous choice that contracting parties face. The most important constraints are not in contract law itself but in the material and moral imperatives that dictate parties’ contracting preferences. Many contracts are driven by circumstantial considerations or actual background obligations. While these contracts are not wholly lacking in the element of voluntariness, we should distinguish them from those choices — and those contracts — which more fully realize our potential to self-consciously author our relations with others. Autonomous choice in contract requires more than Dagan and Heller imply, and it is likely beyond the power of contract law standing alone to deliver it. (shrink)

The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories do not view contract as self-justifying (...) but regard the process of agreement as reliable evidence that contracts are welfare-improving. This article demonstrates the limitations of pure and perfect views. It favours instead imperfect theories of contract, which would have judges self-consciously pursue the normative ends of contract law as they apply context-sensitive rules. (shrink)

Arguments for the expansion of formal schooling have long focused on individual outcomes from schooling, including increasing income, reducing poverty, delaying marriage, and improving health, particularly for girls and women. For nearly three decades now, global education agendas have supported girls’ education in an effort to achieve these outcomes. A large body of research analyzes girls’ individual empowerment from schooling, but less attention is given to how schooling is creating change in families and communities, particularly for lowered-caste girls in India. (...) This article places longitudinal data from a three-year qualitative interview study of schoolgirls in Rajasthan alongside qualitative life-history interviews of girls who completed secondary school in Uttarakhand to understand how schooling affects social changes for lower castes. The analysis, using an intersectional and relational approach, illustrates how girls’ schooling shifts kin and caste relations connected to marriage and work but in ways that do not transform the stickiness of caste and gender norms. We argue that educational policies and programs must attend to the ways in which caste is implicated in achieving outcomes of delayed marriage and formal employment for lowered-caste girls in Indian communities if schooling is to create positive social change. (shrink)

This paper considers the question of virtues appropriate to a corporate actor's moral character. A model of corporate appetites is developed by analogy with animal appetities; and the pursuit of initially virtuous corporate tendencies to an extreme degree is shown to be morally perilous. The author thus refutes a previous argument which suggested that (1) corporate virtues, unlike human virtues, need not be located on an Aristotelian mean between opposite undesirable extremes because (2) corporations do not have appetites; and (3) (...) corporate virtues must serve the end of sustainable profit. If these disanalogies between corporate and human virtue no longer hold, then the stage is set for us to formulate a more adequate model of good corporate character that would encompass other-regarding virtues. (shrink)

This paper articulates a functionalist account of intra-party democracy (IPD). Like realist critics, we insist that IPD practices be evaluated on the basis of whether they facilitate resistance to domination and capture at the level of the polity as a whole, and therefore accept certain realist worries about IPD. Yet realists neglect the possibility that wealthy interests could control the political agenda by capturing all viable parties simultaneously-and that mass-facing IPD could counter this threat of oligarchic agenda capture. Taking this (...) as the key function of IPD within broader democratic systems, we conclude that inclusionary party reform is less urgent in more flexible party systems, where dissenters are better able to resist this threat from within the framework of inter-party competition. Regardless of the context, meanwhile, we also conclude that mass-facing IPD practices should aim at enabling ordinary members and supporters of a party to resist agenda capture by oligarchic interests. Though we stop short of defending any particular set of reforms, we reject the emphasis of recent IPD advocates on individualized forms of deliberative participation, in favor of a more oppositional and collectively-oriented approach-on the grounds that the latter is more likely to encourage the development of effective institutions of countervailing power. (shrink)

Extending a nascent line of Asian philosophical research in music education, we mine Indian philosophies of music and education. Three key questions guide our project: What are Vedic philosophies of music? What are Vedic philosophies of education? Taken together, what insights can we draw for contemporary music education writ large? To address our questions, we analyze key passages from the Upanishads and synthesize ideas from these texts. A quartet of inter-related ideas emerge from our analysis: the guru, the shishya, vidya, (...) and moksha. In brief, the guru (teacher) is revered as one would god, for it is the teacher who leads the shishya (student) toward vidya (knowledge) and through that toward moksha (liberation of the soul), which can also be attained via making music, such as the singing of Om (the absolute sound). In addition to proffering insights for contemporary music education, particularly in terms of how the ancient Vedic guru-shishya parampara adds nuance to contemporary discussions on the master-apprentice model of music education, we imagine how music education philosophy might look like if it were to be sung. (shrink)

In recent versions of professional genre analysis, context has assumed increasingly critical importance, thus redefining genre as a configuration of text-internal and text-external factors. The emphasis on text-external properties of genre has brought into focus the notion of interdiscursivity as distinct from intertextuality, which is primarily viewed as appropriation of text-internal resources. Drawing evidence from a number of professional contexts, this article explores the nature, function, and use of interdiscursivity in genre theory, defining interdiscursivity as a function of appropriation of (...) generic resources across discursive, professional and cultural practices, which, it is claimed, is central to our understanding of the complexities of genres that are typically employed in professional, disciplinary, and institutional communication. (shrink)

Similarity is one of the most important relations humans perceive, arguably subserving category learning and categorization, generalization and discrimination, judgment and decision making, and other cognitive functions. Researchers have proposed a wide range of representations and metrics that could be at play in similarity judgment, yet have not comprehensively compared the power of these representations and metrics for predicting similarity within and across different semantic categories. We performed such a comparison by pairing nine prominent vector semantic representations with seven established (...) similarity metrics that could operate on these representations, as well as supervised methods for dimensional weighting in the similarity function. This approach yields a factorial model structure with 126 distinct representation‐metric pairs, which we tested on a novel dataset of similarity judgments between pairs of cohyponymic words in eight categories. We found that cosine similarity and Pearson correlation were the overall best performing unweighted similarity functions, and that word vectors derived from free association norms often outperformed word vectors derived from text (including those specialized for similarity). Importantly, models that used human similarity judgments to learn category‐specific weights on dimensions yielded substantially better predictions than all unweighted approaches across all types of similarity functions and representations, although dimension weights did not generalize well across semantic categories, suggesting strong category context effects in similarity judgment. We discuss implications of these results for cognitive modeling and natural language processing, as well as for theories of the representations and metrics involved in similarity. (shrink)

As social media becomes increasingly popular, human subjects researchers are able to use these platforms to locate, track, and communicate with study participants, thereby increasing participant retention and the generalizability and validity of research. The use of social media; however, raises novel ethical and regulatory issues that have received limited attention in the literature and federal regulations. We review research ethics and regulations and outline the implications for maintaining participant privacy, respecting participant autonomy, and promoting researcher transparency when using social (...) media to locate and track participants. We offer a rubric that can be used in future studies to determine ethical and regulation-consistent use of social media platforms and illustrate the rubric using our study team’s experience with Facebook. We also offer recommendations for both researchers and institutional review boards that emphasize the importance of well-described procedures for social media use as... (shrink)

The global COVID-19 pandemic has brought the issue of rationing finite healthcare resources to the fore. There has been much academic debate, media attention, and conversation in the homes of everyday individuals about the allocation of medical resources, diagnostic testing kits, ventilators, and personal protective equipment. Yet decisions to prioritize treatment for some individuals over others occur implicitly and explicitly in everyday practices. The pandemic has propelled the socially taboo and unavoidably prickly issue of healthcare rationing into the public spotlight—and (...) as such, healthcare rationing demands ongoing public attention and transparent discussion. This article concludes that in the aftermath of COVID-19, policymakers should work towards normalizing rationing discussions by engaging in transparent and honest debate in the wider community and public domain. Further, injecting greater openness and objectivity into rationing decisions might go some way towards dismantling the societal taboo surrounding rationing in healthcare. (shrink)

This article suggests that criminality in leaders might best be understood by ethicists as a matter of degree. Leaders may take without legitimate claim a variety of tangible or intangible goods including ideas and personal health. The extent to which any such act should be disfavoured is subject to debate. Moreover, both theft and control may be understood as continuous phenomena. Kleptocratic regimes within workplace or family may foster in people a habit of accepting similar treatment from economic and political (...) leaders at all levels. Forms of governance may be arranged on a continuum from those that serve to those that exploit their subjects. Responses to kleptocratic regimes range from acceptance through unconscious and conscious resistance to violent revolt. (shrink)

In 2012, two major professional societies representing Europe and the United States released influential statements that would propel a commercial market for social egg freezing, in which women bank their oocytes for later use in order to avoid compromised fertility that comes with age. While the European Society of Human Reproduction and Embryology condoned SEF based on reproductive autonomy and justice, the American Society for Reproductive Medicine discouraged SEF based on insufficient data and concerns about false hope. In this article, (...) we map the contexts and discursive moves by which the biomedicalization of SEF proceeded since 2012. We compare professional bioethical arguments that made the case to approve SEF in Europe with news and popular media discourse that formed and shaped the commercial marketization of SEF in the United States despite the recommendation of the ASRM. While a statist pronatalist perspective informed the former, a distinctly private labor market recruitment strategy utilizing a Lean In efficiency model of feminism buttressed the latter. (shrink)

Blumenthal-Barby (2024) argues that bioethicists should stop using the concept of "personhood" in both well-established bioethics debates (e.g., regarding cognitive disability) and emerging ones (e...

The advent of techniques of sex selection that rely on assisted reproduction led to a questioning of whether sex selection should be deemed always and everywhere unethical. While China and India are normally associated with condemned practices, they are also implicated in processes that constitute globally stratified sex selection inclusive of its more valued form, often referred to as family balancing. Through an application of Ong and Collier’s concept of global assemblage, I demonstrate how family balancing, which has taken on (...) a “global form,” is tied to an “assemblage” of factors related to the anti-natal, population control contexts that have been pervasive in Asia. Three simultaneously occurring processes since the mid-1990s constituted stratified sex selection: the surfacing of China and India as figurative counter examples in deliberations of ethics on new techniques; active national surveillance of sex ratios as well as denunciation and criminalization of sex selective abortion in China and India; and the role of China and India in neoliberalizing population control and developing globalized markets in reproduction. Accounting for globally stratified sex selection requires a more robust interpretation of ethics that rethinks disciplinary approaches just as much as relativist ones in which respect for individual autonomy tends to overtake all other concerns. (shrink)

At first glance, this case might give the impression that a resolution would have been straightforward. A 17-year-old young man with moderate to severe learning disabilities and other conditions discussed below required a kidney transplant–the Court of Protection was tasked with determining whether this was in his best interests. However, the case of WV was in fact far more technical and required nuanced discussion and expert medical evidence from a range of specialists to objectively balance the needs of WV and (...) the risks to WV, and to ultimately determine his fate of life or death based on receiving a kidney transplant.Manchester University NHS Foundation Trust applied for a declaration in relation to the capacity of William Verdon and for the court to consider whether an order should be made that it was not in his best interests to have a kidney transplant with sedation and ventilation post-operatively. (shrink)