This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such (...) wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society. (shrink)

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different (...) social science disciplines intersect with NLR. (shrink)

This paper argues that jurisprudential inquiries can be profitably analysed as oriented towards either the explanatory paradigm of discourse or the explanatory paradigm of tradition. The first part of the paper offers a map of the discipline of jurisprudence in accordance with the above two different explanatory orientations. It does so at two levels: 1) ontological ; and 2) epistemological. In the second part the paper, the tension and interaction between the explanatory paradigms of discourse and tradition in the work (...) of five different theorists is considered: 1) Elizabeth Mertz's anthropological linguistics; 2) Nicola Lacey's revision of the relationship between analytical jurisprudence and descriptive sociology; 3) Roger Cotterrell's call for a sociology of legal ideas; 4) Neil MacCormick's concept of law as institutionalised normative order; and 5) Patrick Glenn's notion of a legal tradition. Finally, in the third part, the paper addresses certain implications of the analysis of jurisprudential inquiries by reference to the above two explanatory orientations for comparative and international legal scholarship. The two explanatory orientations are offered as one of many paradigms thanks to which one can recognise the limitations of any one picture of law or legal work. At the metaphilosophical level, the analysis of the paper indicates that there are three options available to jurisprudence, i.e., 1) seek to provide a picture of law or legal work on the basis of one explanatory orientation; 2) maintain pluralism about concepts of law or legal work given their limitations in light of their explanatory orientations; or 3) attempt to combine the elements of both explanatory paradigms in a unified account. The paper argues that insofar as jurisprudence seeks to provide normative resources for responses to certain challenges in the public sphere, it ought to go for option two, namely, for maintaining pluralism about concepts of law and legal work. (shrink)

Sometimes epistemologists theorize about belief, a tripartite attitude on which one can believe, withhold belief, or disbelieve a proposition. In other cases, epistemologists theorize about credence, a fine-grained attitude that represents one’s subjective probability or confidence level toward a proposition. How do these two attitudes relate to each other? This article explores the relationship between belief and credence in two categories: descriptive and normative. It then explains the broader significance of the belief-credence connection and concludes with general lessons from the (...) debate thus far. (shrink)

Climate Change and the Moral Agent examines the moral foundations of climate change and makes a case for collective action on climate change by appealing to moralized collective self-interest, collective ability to aid, and an expanded understanding of collective responsibility for harm.

Suppose you believe you’re morally required to φ‎ but that it’s not a big deal; and yet you think it might be deeply morally wrong to φ‎. You are in a state of moral uncertainty, holding high credence in one moral view of your situation, while having a small credence in a radically opposing moral view. A natural thought is that in such a case you should not φ‎, because φ‎ing would be too morally risky. The author argues that this (...) natural thought is misguided. If φ‎ing is in fact morally required, then you should φ‎, and this is so even taking into account your moral uncertainty. The author argues that if the natural thought were correct, then being caught in the grip of a false moral view would be exculpatory: people who do morally wrong things thinking they are acting morally rightly would be blameless. But being caught in the grip of a false moral view is not exculpatory. So the natural thought is false. The author develops the claim that you should act as morality actually requires as a candidate answer to the question “how should one act in the face of moral uncertainty?” This answer has been dismissed in discussion up to this point. The author argues that not only is this answer a serious contender; it is the correct answer. (shrink)

In this commentary, I consider how Giulia Cavaliere’s arguments about the limited reach of the current justifications offered for full ectogenesis in the bioethical literature apply in the context of partial ectogenesis. I suggest that considering the extent to which partial ectogenesis is freedom or equality promoting is more urgent because of the more realistic prospect of artificial womb technology being utilised to facilitate partial gestation extra uterum as opposed to facilitating complete gestation from conception to term. I highlight concerns (...) about potentially harmful social narratives surrounding pregnancy and about the current legal framework surrounding gestation limiting access to technology in the advent of partial ectogenesis. I do not advocate that these concerns mean that we ought not develop artificial wombs, but like Cavaliere I suggest that we must be mindful of these concerns, and I posit that legal reform must accompany technological developments. Ectogenesis as a political perspective, through which we consider the value in social reproduction and the experiences of pregnant people, is useful to prevent political capture of this technology for regressive policies. Using this perspective to examine the law is also a useful tool to expose just how restrictive the law is in relation to gestation and female reproductive health. (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

I. Causal Thesis: Dispositions have a causal basis. II. Distinctness Thesis: Dispositions are distinct from their causal basis. III. Impotence Thesis: Dispositions are not causally active.

For Humean atomists, cosmic contents supervene on a spatiotemporal mosaic of modally insulated, freely recombinable local qualities. One piecemeal subspecies of Humean atomism promises more than global supervenience—somehow or other—on a separable base; it constrains how exactly elemental inputs yield everything else. Roughly, the distribution of basic local qualities across elements in one part of our cosmos metaphysically suffices for the complete local physical state of that part: anything sharing this part’s basic elemental decoration should share its more complete contents, (...) regardless of what may be happening elsewhere. On a non-piecemeal alternative, derivative contents can be recognizably local to, or manifest within, one part of our cosmos while reflecting some more global elemental base. To develop this alternative, non-piecemeal Humeans can borrow inspiration from some critics of Humean supervenience, who already distinguish a broader notion of locality from strict Humean intrinsicality. (shrink)

In this paper, we examine how polycystic ovary syndrome is racialized in biomedical research. Drawing from Star’s seminal concept of triangulation, we analyze how the diagnostic criteria for PCOS combine two different biomarkers: body hair and testosterone. Hair and hormones are both haunted by their use in eugenic research, and as clinical measures, they can carry forward powerful narratives of biological difference. PCOS researchers circulate strong claims about racial difference in hirsutism as if they were established knowledge, sometimes calling for (...) race-specific diagnostic thresholds. Tracing the links between race and hirsutism, hirsutism and testosterone, and testosterone and race, we find that these connections are all conceptualized in ambiguous and inconsistent ways. Through triangulation, the uncertainty clouding each link is mitigated by the apparent strength of the chain as a whole. The logic linking race to disease is attenuated, allowing race to persist as a ghost variable. As PCOS is increasingly reframed as a risk factor for other conditions, racial stratification is submerged, implicit but actionable, at every stage of the life course cascade of risk. (shrink)

The number of cesarean sections performed globally has been consistently rising since the 1980s.1 The number of cesareans performed now greatly exceeds the number that experts predict are necessary.2 In Brazil, the world's "cesarean capital," over half of births are surgical. In the United States, approximately one third of babies are delivered by cesarean, and in the United Kingdom around 26 percent of births are by cesarean.3 Cesarean section can be a life-saving intervention when vaginal birth poses a risk to (...) woman or fetus.4 However, some doctors believe that cesareans performed in the absence of an emergency carry substantial risks for limited or no benefit (Wagner 2000... (shrink)

Background: Family members and healthcare providers play an integral role in a person’s assisted dying journey. Their own needs during the assisted dying journey are often, however, unrecognized and underrepresented in policies and guidelines. Circumstances under which people choose assisted dying, and relational contexts such as the sociopolitical environment, may influence the experiences of family members and healthcare providers. Ethical considerations: Ethics approval was not required to conduct this review. Aim: This scoping review aims to identify the relational influences on (...) the experiences of family members and healthcare providers of adults who underwent assisted dying and of those unable to access assisted dying due to the loss of capacity to consent. Methods: A literature search was conducted in four databases, including MEDLINE, EMBASE, Cumulative Index to Nursing and Allied Health Literature and PsycINFO. The search retrieved 12,074 articles, a number narrowed down to 172 articles for full-text screening. Thirty-six articles met the established inclusion criteria. A feminist relational framework guided the data analysis. Results: Five key themes on the influences of family members’ and healthcare providers’ experiences throughout the assisted dying process were synthesized from the data. They include relationships as central to beginning the process, social and political influences on decision making, complex roles and responsibilities of family members and healthcare providers, a unique experience of death, and varying experiences following death. Conclusion: The feminist relational lens, used to guide analysis, shed light on the effect of the sociopolitical influences and the relationships among patients, families, and healthcare providers on each other’s experiences. Addressing the needs of the family members and healthcare providers is vital to improving the assisted dying process. Including families’ and healthcare providers’ needs within institutional policies and enhancing collaboration and communication among those involved could improve the overall experience. (shrink)

Theory of health care ethics -- Principles of health care ethics -- The moral status of gametes and embryos : storage and surrogacy -- The ethical challenges of the new reproductive technology -- Ethics and aging in America -- -- Healthcare ethics committees : roles, memberships, structure, and difficulties -- Ethics in the management of health information systems -- Technological advances in health care : blessing or ethics nightmare? -- Ethics and safe patient handling and mobility -- Spirituality and healthcare (...) organizations -- A new era of health care : the ethics of healthcare reform -- Health inequalities and health inequities -- The ethics of epidemics -- Ethics of disasters : planning and response -- Domestic violence : changing theory, changing practice -- Looking toward the future. (shrink)

The self-disorder model provides a phenomenological framework for understanding how the core symptoms of Schizophrenia Spectrum Disorders (SSDs) are rooted in an instability of minimal selfhood. This instability involves a range of “anomalous experiences”: transformations in an individual’s perceptual field and sense of being an agent of action. The explanatory value of this theoretical model can be summarized in two claims about the role of anomalous experiences in self-disorders: (1) anomalous experiences express a common trait-like disturbance that is characteristic of (...) SSDs, and (2) anomalous experiences contribute to explanations regarding how self-disorders progress into SSDs. While hypotheses consistent with the first claim have been substantiated in several studies, hypotheses consistent with the second claim remain underexamined. We argue that attending to this gap in the literature requires considering which methodological strategies are best suited for investigating if and how anomalous experiences contribute to the development of self-disorders into SSDs and psychotic states. Network modeling is discussed as one such strategy suitable for examining the role of anomalies of lived-world in the maintenance of paranoid delusions in SSDs. (shrink)

However far we are from either in practice, basic global and intergenerational justice, including climate change mitigation, are taken to be theoretically compatible. If population grows as predicted, this could cease to be the case. This paper asks whether that tragic legacy can now be averted without hard or even tragic choices on population policy. Current generations must navigate between: a high-stakes gamble on undeveloped technology; violating human rights; demanding unbearable sacrifices of the already badly off; institutional unfairness across adults; (...) institutional unfairness across children; failing to protect children’s basic interests; and threatening the autonomy of the family. We are not yet forced to choose between bequeathing a tragic choice and making one, by adopting basically unjust measures. However, even the remaining options present a morally hard choice. The fact we face it is yet another damning indictment on the combined actions and collective failures of the global elite. (shrink)

This article argues that parents have a special, shared duty to organize for collective action on climate change mitigation and adaptation, but not for the reason one might assume. The apparently obvious reason is that climate change threatens life, health and community for the next generation, and parents have a special duty to their children to protect their basic human interests. This argument fails because many parents could protect their children from these central harms without taking more general action to (...) combat climate change, let alone to mitigate it. Instead, subtler reasons are advanced, drawing on children’s relational interests or on their interests as moral agents. It is argued that parents owe it to their children to combat climate change because of the indirect impact on current children of serious threats to their children and grandchildren, and of being required to live in a radically unjust world. It is further argued that parents may owe it directly to their more distant descendants to mitigate climate change because of the role current parents played in bringing them into the world. (shrink)

The healthcare system—the assemblage of hospitals, insurers, professional associations, policymakers, patients, caregivers, and other entities oriented toward health in the United States—does more than cure illness. It is, and in some cases ought to be but falls short, attentive to endpoints other than cure, such as comfort, participation in desired activities, and the creation of families—things that may broadly be understood as promoting well-being. In the United States, health care utilization is prohibitively expensive. As a result, most people can only (...) access care through insurance. While the care available within the broad U.S. healthcare system may be oriented toward a wide variety of endpoints, insurance... (shrink)

It has been argued that people in areas with high pathogen loads will be more likely to avoid outsiders, to be biased in favor of in-groups, and to hold collectivist and conformist values. Cross-national studies have supported these predictions. In this paper we provide new pathogen codes for the 186 cultures of the Standard Cross-Cultural Sample and use them, together with existing pathogen and ethnographic data, to try to replicate these cross-national findings. In support of the theory, we found that (...) cultures in high pathogen areas were more likely to socialize children toward collectivist values (obedience rather than self-reliance). There was some evidence that pathogens were associated with reduced adult dispersal. However, we found no evidence of an association between pathogens and our measures of group bias (in-group loyalty and xenophobia) or intergroup contact. (shrink)

The dramatic increase of meat production in the last decades has proven to be one of the most impacting causes of negative environmental outcomes (e.g., increase of greenhouse emissions, pollution of land and water, and biodiversity loss). In two studies, we aimed to verify the role of key socio-psychological dimensions on meat intake. Study 1 (N= 198) tested the predictive power of an extended version of the Value-Belief-Norm (VBN) model on individual food choices in an online supermarket simulation. In an (...) online survey, participants were directed to a virtual shop and asked to buy food within a set amount of money. Subsequently, they completed measures of behavioral intention, the VBN constructs (values, general pro-environmental beliefs, awareness of consequences, ascription of responsibility, and personal norm), and social norms (injunctive and descriptive). The outcome variable was operationalized in terms of percentage of expenses dedicated to meat and processed meat items, which provided a more robust behavioral measure than the common self-reported ones. Results confirmed the VBN sequential path, showing direct effects of biospheric values and descriptive norm on personal norm. Furthermore, a proof of validity for the new behavioral measure was provided (medium-sized correlation with behavioral intention). Study 2 (N= 218) aimed at verifying whether the meat consumption could be also motivated by a health concern, reflecting individual (cost/benefit) considerations, besides pro-environmental drivers. Results showed the direct impact of health concern and confirmed the indirect role of biospheric values and descriptive norm (viapersonal norm) on meat intake. This evidence would suggest the use of multiple-frame messages, highlighting both pro-environmental and health consequences, for meat consumption reduction. Nevertheless, the different implications of moral (e.g., environmental concern) vs. non-moral motivators (e.g., health concern) for reducing meat intake need to be stressed: indeed, the first drivers are more central for self-identity and for engaging in environmental citizenship behaviors. (shrink)

A veteran nurse researcher and educator provides a spiritual perspective on the professional nurse's vocation of caring. Grounding each chapter in Scripture, O'Brien explores the Christian nurse's call to love as Jesus loved: without discrimination, reserve and, sometimes, reward.

Much of the bioethical literature on parenthood does not address a fact about parenthood which deserves more attention: parental rights and obligations are attached to socially constructed institutional roles. Both the content of these roles, and the way in which they determine who a child’s parents will be, issue from social and legal institutions of parenthood, and this makes a difference to accounts of the moral basis of parenthood. I will argue that this poses a problem for the causal account (...) of parenthood: the variability of parental obligations, and their assignment, underscores the problems the causal account has with defining the relevant notion of cause and with fixing procreative costs. If institutional role obligations arise only through voluntary undertakings, then understanding moral parenthood as an institutional role makes the voluntarist account of parenthood more attractive. However, I must address two questions: whether such role obligations can arise non-voluntarily, and whether the voluntarist account can deal with common cases of parenthood. (shrink)

This essay is a critical engagement with recent assessments of comparative religious ethics by John Kelsay and Jung Lee. Contra Kelsay's proposal to return to a neo-Weberian sociology of religious norm elaboration and justification, the authors argue that comparative religious ethics is and should be practiced as a field of study in active conversation with other fields that consider human flourishing, employing a variety of methods that have their roots in multiple disciplines. Cross-pollination from a variety of disciplines is a (...) strength of comparative ethics, which has enlivened recent and ongoing research on ethics, not a problem to be resolved by convergence on a single, distinctively comparative project. The authors also argue in response to Lee and Kelsay that while individual comparative studies of virtue and personal formation can be flawed in various ways, this line of research has been productive and at times very compelling. Moreover, attention to comparative virtue ethics shows how scholarship on some ethical topics necessitates drawing on a variety of perspectives and disciplinary backgrounds, a conclusion relevant to all work in religious ethics today. (shrink)

This current study is a pilot project designed to clarify changes in the lived world among people with diagnoses within the schizophrenia spectrum. The Examination of Anomalous World Experience was used to interview ten participants with schizophrenia spectrum disorders and a comparison group of three participants with major depressive disorder. Interviews were analyzed using the descriptive phenomenological method. This analysis revealed two complementary forms of experience unique toszparticipants: Destabilization, the experience that reality and the intersubjective world are less comprehensible, less (...) stable, and generally less real; and Subjectivization, the dominance of one’s internal, subjective experiences in the perception or interpretation of the lived world. Persons with depressive disorders, by contrast, did not experience disruptions of the reality or independence of the world or any significant disruptions of appearance or meaning. These results are consistent with contemporary and classic phenomenological views on anomalous world experience in schizophrenia. (shrink)

This literature review focused on effective teaching strategies for children with Attention Deficit Hyperactivity Disorder (ADHD) in classrooms where English as a Foreign Language (EFL) is taught, which is undoubtedly a novel and crucial issue that demands immediate attention. This review not only concentrates on identifying the teaching strategies used for students with ADHD but also delves into and considers different teaching approaches and inclusive education adaptations for students with ADHD. The impact of this review might be significant for educators, (...) parents, and stakeholders alike since it could provide valuable recommendations and knowledge based on the evidence gathered. This would lead to developing more effective, efficient, and inclusive teaching strategies or mechanisms for students with ADHD. Programs aimed at teacher training could also benefit from the findings of this review, contributing to the general support and improving the academic experience of students with ADHD in foreign language learning environments. (shrink)

Arising and emptiness are the two essential Buddhist concepts, which when understood, lead to the highest school of Buddhist philosophy.

It is proposed here that there is a sensitive period in the first two to three years of life during which humans acquire a basic knowledge of what foods are safe to eat. In support of this, it is shown that willingness to eat a wide variety of foods is greatest between the ages of one and two years, and then declines to low levels by age four. These data also show that children who are introduced to solids unusually late (...) have a narrower diet breadth throughout childhood, perhaps because the duration of the sensitive period has been shortened. By reducing the costs associated with learning, a sensitive period for food learning should be adaptive for any omnivore (including early humans) that remains in the same environment throughout its life. (shrink)

the issue of liberal neutrality, a topic suggested by the work of Catharine MacKinnon. I discuss two kinds of neutrality: neutrality at the level of justifying liberalism itself, and state neutrality in political decision-making. Both kinds are contentious within liberal theory. Rawls’s argument for justice as fairness has been criticized for non-neutrality at the justificatory level, a problem noted by Rawls himself in Political Liberalism . I will defend a qualified account of neutrality at the justificatory level, taking an epistemic (...) approach to argue for the exclusion of certain doctrines from the justificatory process. I then argue that the justification process I describe offers a justificatory stance supportive of the feminist rejection of state-sponsored gender hierarchy. Further, I argue that liberal neutrality at the level of political decision-making will have surprising implications for gender equality. Once the extent of the state’s involvement in the apparently private spheres of family and civil society is recognized, and the disproportionate influence of a sexist conception of the good on those structures—and concomitant promotion of that ideal—is seen, state neutrality implies substantive change. While—as Susan Moller Okin avowed—Rawls himself may have remained ambiguous on how to address gender inequality, his theory implies that the state must seek to create substantive, not merely formal, equality. I suggest that those substantive changes will not conflict with liberal neutrality but instead be required by it. (shrink)

In writing 'How to Disagree', Ferner and Chetty aim to bring to light those assumptions we make about the world, its structure and the lived reality of what we assume to be real, in order to see how these assumptions affect the ways we engage with each other. It is a fascinating endeavour and very well done through this thoughtful text. 'How to Disagree' is part of the 'Build and Become' series, a community of texts adopting a particular shared approach (...) to enacting their commitment to ‘building knowledge that helps you navigate your world’. The emphasis, as reiterated by the authors, is on finding enjoyment in thinking and talking about difference. (shrink)

In this article, we blend the Piagetian informed understanding of critical thinking with the scholarship of critical theory to analyze service-Iearning as a pedagogical strategy to promote critically conscious thinking among Students in higher education. We draw from our teaching experiences and student reflections in three different courses at two universities. In these courses, service-leaming was designed to: promote understandings of course content related to societal systems of advantage and disadvantage, develop self-awareness, promote understanding of sociocultural identity differences, and to (...) instill a sense of responsibility for social change. Recommendations are provided. (shrink)