This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...) modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

Tim Maudlin has influentially argued that Humeanism about laws of nature stands in conflict with quantum mechanics. Specifically Humeanism implies the principle Separability: the complete physical state of a world is determined by the intrinsic physical state of each space-time point. Maudlin argues Separability is violated by the entangled states posited by QM. We argue that Maudlin only establishes that a stronger principle, which we call Strong Separability, is in tension with QM. Separability is not in tension with QM. Moreover, (...) while the Humean requires Separability to capture the core tenets of her view, there's no Humean-specific motivation for accepting Strong Separability. We go on to give a Humean account of entangled states which satisfies Separability. The core idea is that certain quantum states depend upon the Humean mosaic in much the same way as the laws do. In fact, we offer a variant of the Best System account on which the systemization procedure that generates the laws also serves to ground these states. We show how this account works by applying it to the example of Bohmian Mechanics. The 3N-dimensional configuration space, the world particle in it and the wave function on it are part of the best system of the Humean mosaic, which consists of N particles moving in 3-dimensional space. We argue that this account is superior to the Humean account of Bohmian Mechanics defended by Loewer and Albert, which takes the 3N-dimensional space, and its inhabitants, as fundamental. (shrink)

Preface This volume represents the proceedings of the First Conference on Situation Theory and Its Applications held by CSLI at Asilomar, California, ...

Some spoken words are iconic, exhibiting a resemblance between form and meaning. We used native speaker ratings to assess the iconicity of 3001 English words, analyzing their iconicity in relation to part-of-speech differences and differences between the sensory domain they relate to. First, we replicated previous findings showing that onomatopoeia and interjections were highest in iconicity, followed by verbs and adjectives, and then nouns and grammatical words. We further show that words with meanings related to the senses are more iconic (...) than words with abstract meanings. Moreover, iconicity is not distributed equally across sensory modalities: Auditory and tactile words tend to be more iconic than words denoting concepts related to taste, smell and sight. Last, we examined the relationship between iconicity and systematicity. We find that iconicity in English words is more strongly related to sensory meanings than systematicity. Altogether, our results shed light on the extent and distribution of iconicity in modern English. (shrink)

Some spoken words are iconic, exhibiting a resemblance between form and meaning. We used native speaker ratings to assess the iconicity of 3001 English words, analyzing their iconicity in relation to part-of-speech differences and differences between the sensory domain they relate to. First, we replicated previous findings showing that onomatopoeia and interjections were highest in iconicity, followed by verbs and adjectives, and then nouns and grammatical words. We further show that words with meanings related to the senses are more iconic (...) than words with abstract meanings. Moreover, iconicity is not distributed equally across sensory modalities: Auditory and tactile words tend to be more iconic than words denoting concepts related to taste, smell and sight. Last, we examined the relationship between iconicity and systematicity. We find that iconicity in English words is more strongly related to sensory meanings than systematicity. Altogether, our results shed light on the extent and distribution of iconicity in modern English. (shrink)

To better understand the multiple individual factors that contribute to college cheating, we undertook a multivariate analysis of a national sample of 2,503 college students. Our findings indicated that demographic characteristics, character qualities, college experience, and student perceptions and attitudes are all significantly associated with academic cheating.

Kaplan says that monsters violate Principle 2 of his theory. Principle 2 is that indexicals, pure and demonstrative alike, are directly referential. In providing this explanation of there being no monsters, Kaplan feels his theory has an advantage over double-indexing theories like Kamp’s or Segerberg’s (or Stalnaker’s), which either embrace monsters or avoid them only by ad hoc stipulation, in the sharp conceptual distinction it draws between circumstances of evaluation and contexts of utterance. We shall argue that Kaplan’s prohibition is (...) also essentially stipulative, and that it is too general. The main difference between ourselves and Kaplan is that the basic carriers of a truth-value is a sentence-in-a-context; our account is utterance-based. (shrink)

'I never can catch myself at any time without a perception, and never can observe any thing but the perception.' These famous words of David Hume, on his inability to perceive the self, set the stage for JeeLoo Liu and John Perry's collection of essays on self-awareness and self-knowledge. This volume connects recent scientific studies on consciousness with the traditional issues about the self explored by Descartes, Locke and Hume. Experts in the field offer contrasting perspectives on matters such (...) as the relation between consciousness and self-awareness, the notion of personhood and the epistemic access to one's own thoughts, desires or attitudes. The volume will be of interest to philosophers, psychologists, neuroscientists, cognitive scientists and others working on the central topics of consciousness and the self. (shrink)

As many as two million people in the United Kingdom repeatedly see people, animals, and objects that have no objective reality. Hallucinations on the border of sleep, dementing illnesses, delirium, eye disease, and schizophrenia account for 90% of these. The remainder have rarer disorders. We review existing models of recurrent complex visual hallucinations (RCVH) in the awake person, including cortical irritation, cortical hyperexcitability and cortical release, top-down activation, misperception, dream intrusion, and interactive models. We provide evidence that these can neither (...) fully account for the phenomenology of RCVH, nor for variations in the frequency of RCVH in different disorders. We propose a novel Perception and Attention Deficit (PAD) model for RCVH. A combination of impaired attentional binding and poor sensory activation of a correct proto-object, in conjunction with a relatively intact scene representation, bias perception to allow the intrusion of a hallucinatory proto-object into a scene perception. Incorporation of this image into a context-specific hallucinatory scene representation accounts for repetitive hallucinations. We suggest that these impairments are underpinned by disturbances in a lateral frontal cortex–ventral visual stream system. We show how the frequency of RCVH in different diseases is related to the coexistence of attentional and visual perceptual impairments; how attentional and perceptual processes can account for their phenomenology; and that diseases and other states with high rates of RCVH have cholinergic dysfunction in both frontal cortex and the ventral visual stream. Several tests of the model are indicated, together with a number of treatment options that it generates. Key Words: Blindness; Charles Bonnet; cholinergic; cortical release; delirium; dementia; dream intrusion; hallucination; Perception and Attention Deficit (PAD) model; schizophrenia. (shrink)

Interdisciplinary research assumes that teams of highly specialized scientists develop new knowledge by bridging their respective horizons. Nurse educators preparing nursing doctoral students to conduct interdisciplinary research need insight into how members of interdisciplinary research teams experience knowledge horizons in these complex contexts. Based on the work of the philosopher Bernard Lonergan, this pilot study uses Transcendental Method for Research with Human Subjects to explore interdisciplinary researchers' experiences with and attitudes toward interdisciplinary research. Results reveal the overarching conceptual category of (...) “engaged interdisciplinary inquiry” which includes six themes: (i) valuing interdisciplinary engagement; (ii) direct engagement; (iii) interior engagement; (iv) disengagement; (v) facilitated engagement and (vi) engaged researcher development. Results also suggest engagement depends on vigorous “back and forth”, or dialogue, with self and others, and demonstrate the study method is fruitful for cognitive inquiry. This pilot supports expanded study to inform preparation for and conduct of interdisciplinary research involving nurses and raises important questions about how the trend toward interdisciplinary research affects nursing science. (shrink)

The diffusion of technology in the US has taken place in an environment of both regulation and free enterprise. Each has been subject to manipulation by doctors and medical administrators that has fostered unprecedented ethical dilemmas and legal challenges. Understanding these developments and historical precedents may allow a more rational diffusion policy for medical technology in the future.

Spatial Practices makes a timely and significant contribution to the growing literature on social/spatial theory. In it the notion of spacial practice takes on a rich and layered meaning for some of America's leading scholars as they critically link the theoretical practices of the space of their disciplines to the practical social space of everyday political and economic urban life. Original essays provide compelling insights into the space of racial politics, the unavoidability of recognizing a radical planning practice, and the (...) imagistic face of the contemporary "figured" city. The reader will find rich conceptual tools presented in discussions that grapple with issues raised by the production of reduced public space in common interest developments and the ubiquitous mall, the ideologies of economic restructuring, the rhetorical politics of urban revitalization, and the analytic potential of the photo/text. Students and scholars interested in how spatial theory has enriched and renewed urban theory will find Spatial Practices invaluable. It will be useful in a wide range of classes across disciplines including urban studies, urban planning, architecture, political science, sociology, geography, economics, and policy studies. "This collection explores the exciting analytical edge where investigations of urban political economy converge with cultural studies. In their exploration of theory and practice as they relate to the production of space, the authors cover a dazzling range of topics. Yet despite their varying preoccupations, the essays merge into a unified inquiry that reveals the functions and meanings of contemporary spatial forms. All those who are interested in the forces shaping urban and regional development, as well as in the impact of space on social relations, must read this book. (shrink)

Comparing the phenomenology, neurochemical pathology, and psychopharmacology of hallucinations and dreaming is limited by the available data. Evidence to date reveals no simple correspondence between the two states. Differences in the phenomenology of visual hallucinations and the visual component of dreams may reflect variations in visual context acting on the same underlying mechanism – the minimal visual input during dreaming contrasts with the more substantial perceived context in hallucinations. Variations in cholinergic, dopaminergic and serotonergic neurotransmitter function during sleep and during (...) hallucinations in Lewy body dementias, together with relevant drug effects suggest that, on the whole, different, potentially opposite, changes characterise the two states. A similar analysis of other psychotic features in Lewy body dementia and other disorders suggests that, in contrast to hallucinations, there may be more convincing parallels between dreaming and delusional states. (shrink)

In §8 of hisBegriffsschrift(1879), Gottlob Frege discusses issues related to identity. Frege begins his most famous essay,“On Sense and Denotation”(1892),published 13 years later, by criticizing the view advocated in §8. He returns to theseissues in the concluding paragraph. Controversies continue over these importantpassages. We offer an interpretation and discuss some alternatives. We defend thatin theBegriffsschrift,Frege does not hold that identity is a relation between signs.§8 of theBegriffsschriftis motivated by the conflict between two differentcriteria for sameness of conceptual content of sentences. (...) To resolve that conflict,Frege introduces‘≡’in §8 and, thus, circumstances with names as constituents. Tothe same end, in“On Sense and Denotation,”Frege introduces senses andThoughts and abandons both ‘≡’ and circumstances. He solves what we call theCo-instantiation problem, and disregards, but does not solve, the Name problem. (shrink)

Jean-Paul Sartre, novelist, playwright, biographer, was undoubtedly one of the greatest philosophers of the 20th century. Above all, however, he was an embodiment of the engagé intellectual, active in a variety of political causes, as well as an individual who attempted to live his life in accordance with the philosophy he professed. These interviews take Sartre on a wide-ranging tour of his philosophy and politics. Here we have Simone de Beauvoir challenging Sartre on his own attitude towards machismo and feminism; (...) and Sartre responding thoughtfully to questions which range from Freud, Marx, and the drama of Bertolt Brecht to the Cultural Revolution, Stalinism, the May 'Events' and of course, the US war on Vietnam. Their breadth remains a testimony to one man's attempt to make philosophical sense of the tumultuous world around him. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhism and the Idea of Human Rights:Resonances and Dissonances1Perry Schmidt-LeukelIn 1991 L.P.N. Perera, Professor of Pāli and Buddhist Studies in Sri Lanka, published a Buddhist commentary on the Universal Declaration of Human Rights. In this commentary Perera tries to show that, in the Pāli canon, i.e. the canonical scripture of Theravāda Buddhism, for every single article of the Human Rights Declaration a substantial parallel or at least a statement (...) with a similar tendency can be found. Indeed, says Perera, Article 1, which affirms the dignity and rights of all humans, "is in complete accord with Buddhist thought, and may be said to be nothing new to Buddhism in conception" (Perera 1991:21). In contrast, the Buddhist Peter Junger, Professor of Law at the University of Cleveland, Ohio, judged in 1995 that... though followers of Buddhist traditions do value most, if not all, of the interests underlying the rhetoric of human rights, they may not have much use for the label itself, which is, after all, a product of the traditions of Western Europe and the parochial histories of that region.(Junger 1998: 56)Junger goes on to say that "the concept of human rights is not likely to be useful in...following the Buddha Dharma" (Junger 1998: 55).Thus Perera and Junger agree that the content of the various human rights is acceptable for Buddhists. However, they disagree strongly in their evaluation of the idea of human rights in itself. In this respect Damien Keown has rightly argued that the crucial question on 'Buddhism and Human Rights' is not so much whether Buddhism can accept any particular human right but rather whether the idea of human rights as such can find a philosophical justification within the "overall Buddhist vision of individual and social good" (Keown 1998: 24).It is this problem that I would like to pursue in this paper. In the first part I will sketch some basic characteristics of the idea of human rights. In the second part I will point out what resonances this idea finds in Buddhism or by which Buddhist concepts the human rights idea can be justified. And finally, in the third part, I will deal [End Page 33] with the question of potential dissonances between the idea of human rights and Buddhist concepts.On the Nature of Human RightsWith the United Nations' Universal Declaration of Human Rights in 1948 and the various subsequent human rights conventions the rights of individuals were for the first time inscribed into international law, which had previously recognised only collectives as legal subjects. By formulating universal rights as valid for every individual human being regardless of race, colour, sex, religion, birth, etc. the Universal Declaration points to the most important feature of the idea of human rights: the protection of the individual or, to be more precise, the protection of the individual against powerful institutions of the state, society, religion or others. It is individual self-determination and free agency that are protected through human rights. Human rights define the minimum of what is necessary in order to guarantee the freedom of individual agency and the freedom of self-determination. By the definition of inalienable rights,2 the idea of human rights sets limits to those collectives and institutions in which we usually live, limits which for the sake of the basic liberty of the individual are not to be transgressed. Michael Ignatieff summarises this understanding of human rights with the words: "rights exist to protect individuals" (Ignatieff 2001: 67), and "they are worth having only if they can be enforced against institutions like the family, the state, and the church" (Ignatieff 2001: 66f.). Therefore "moral individualism" is "the core of the Universal Declaration" (Ignatieff 2001: 66).It is true that the further development of the human rights debate, particularly within the context of the United Nations, has led to an extension of the idea of human rights to collective rights and collective legal entities by including among human rights, for example, a nations' right to self-determination and the right to peace and the right to development. However, in my opinion it would be highly... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2004 Gerald Weisfeld Lectures:Buddhism and Christianity in DialoguePerry Schmidt-LeukelIn May 2004 the Centre for Inter-Faith Studies (University of Glasgow) sponsored the second series of Gerald Weisfeld Lectures, titled "Buddhism and Christianity in Dialogue." The lectures were part of the events leading up to the Dalai Lama's visit to Scotland at the end of May 2004. Over four weeks there were two lectures each week, one read by a (...) Christian and one by a Buddhist—both of them speaking on the same topic and both of them speaking comparatively, but from the background of their own tradition.The theme of week 1 was "Human Existence in Buddhism and Christianity"—the Christian speaker being Elizabeth Harris of London; the Buddhist speaker being Kiyoshi Tsuchiya, who teaches at Glasgow University. Harris pointed out that in their analysis of the human condition, Buddhism and Christianity show serious commonalities. For both traditions, human existence is ambivalent: on the one hand deeply permeated by the roots of evil (craving and ignorance according to Buddhism; sin according to Christianity), and on the other hand human (existence also offers a way out: there is the possibility of salvation or liberation). However, said Harris, Buddhism and Christianity "converge and diverge." Human self-centeredness is seen at the root of the problem according to both traditions, and there are convergences of their respective ways of salvation, too. The differences are, said Harris, primarily located in the active function of God for the salvific process within Christianity and in the role of reincarnation within the Buddhist analysis of human existence which is without any parallel in Christianity.Tsuchiya agreed that both traditions understand the self as the major source of the human predicament, but held that they understand this in a different sense. While the self is seen as sinful but nevertheless real in Christianity, Buddhism sees it as an unwholesome illusion. Resulting are two different or even contradictory forms of self-understanding, a "relational," individualistic ego dominant in Christianity, a sort of cosmological ego characteristic for Buddhism, particularly within the Zen-Daoist tradition from which Tsuchiya speaks. He illustrated this point provocatively by a comparative analysis of Kafka's story of Gregor Samsa's metamorphosis into a beetle and Chuang tzu's famous butterfly dream. This difference of self-concepts is, [End Page 157] said Tsuchiya, crucial for the rival Christian and Buddhist understandings of transcendence and cosmos: personal transcendence versus cosmological transcendence, anti-naturalism versus naturalism.In her response Harris raised the question whether Tsuchiya's representation of Christianity is really comprehensive. Are there not dimensions in Christianity supportive of his nondualist approach to nature and human existence? Tsuchiya, in his response, admitted that the ultimate religious goals might converge, but insisted on at least a "possibly contradictory" religious orientation with specific dangers on both sides, so that there is room for mutual constructive challenge.The debate of week 1 continued through week 2, which was dedicated to "Ultimate Reality in Buddhism and Christianity," the Christian speaker being Karl Baier from the University of Vienna; the Buddhist lecturer Minoru Nambara, professor emeritus from the University of Tokyo. Baier presented an admittedly selective view of Christianity following the line of the neoplatonic, mystical tradition. From here he offered a comparative analysis of the deconstructive efforts of Nagarjuna and Nicolas Cusanus, who both employed the fourfold negation in order to introduce their nondual and nonconceptual view of the relation between ultimate and nonultimate reality. For Baier the obvious affinities between these two (sub-)traditions are getting even stronger in the present situation, for "by means of transformative encounter Buddhism and Christianity cease to be independent bodies of thought."Sketching the various transformations of Buddhism on its way from India to China, Nambara held that for Chinese Buddhism "this very world is in and of itself the ultimate subject, the ultimate reality." Zen practice, accordingly, is "a way where no metaphysical flowers blossom." To live by the bottomless ground of everything, which is in itself no-thing, is to live as "neither masters nor slaves of nature." The biblical God—understood as the one who can create and destroy nature—is at deep variance with... (shrink)

Merker's core idea, that the experience of being conscious reflects the interactions of actions, targets, and motivations in the upper brainstem, with cortex providing the content of the conscious experience, merits serious consideration. However, we have two areas of concern: first, that his definition of consciousness is so broad that it is difficult to find any organisms with a brain that could be non-conscious; second, that the focus on one cortical–subcortical system neglects other systems (e.g., basal forebrain and brainstem cholinergic (...) systems and their cortical and thalamic target areas) which may be of at least equal significance. (Published Online May 1 2007). (shrink)

Communication Theories for Everyday Life introduces readers to the complexities of theories in communication studies, mass communication, and public relations, emphasizing their connection to everyday life. Instead of utilizing a "theory-a-day" approach, this text cuts across content areas and clusters related theories, making them easier for readers to process and apply to real-life situations. Communication Theories for Everyday Life also addresses theories in emerging areas and growing fields, such as media research, organizational communication, and computer-mediated communication, while still featuring the (...) traditional theories that always have defined the field. Features: Contextualizes theory with an introductory chapter in each of the main content areas that introduces the theories and research in the field, showing students how the theories developed. Features new theories and subject areas not present in most traditional communication theory textbooks, including new interactive technologies, feminist scholarship, British cultural studies, semiotics, postmodernism, and critical race theory. Emphasizes the application of some theories across many subject areas through headings in the form of questions that encourage students to process material and explore for themselves how theories and content apply to their lives. Uses case-study chapters that demonstrate to students how each subject area would use theory to solve or understand issues in everyday life. Reviews theories for the three main genres of communication - communication studies, mass communication, and public relations - with balanced coverage, examining the unique contributions each area has made to the field of communication as a whole. Page 1 of 1. (shrink)

The authors reject arguments by Professor Joseph Fletcher (author of Situation Ethics) that in some circumstances parents may be held responsible for producing genetically defective offspring, but offer arguments of their own for the same conclusion. Their arguments could, they suggest, justify `wrongful life' claims by the genetically defective infant against the mother. While researching this paper both authors were postdoctoral fellows in medical ethics in the Program on Human Values and Ethics at the University of Tennessee Center for the (...) Health Sciences. (shrink)

Commentators agree that the Perception and Attention Deficit (PAD) model is a promising model for accounting for recurrent complex visual hallucinations (RCVH) across several disorders, though with varying detailed criticisms. Its central tenets are not modified, but further consideration of generative models of visual processing and the relationship of proto-objects and memory systems allows the PAD model to deal with variations in phenomenology. The commentaries suggest new ways to generate evidence that will test the model.

Applying Behrendt & Young's (B&Y's) model of thalamocortical synchrony to complex visual hallucinations in neurodegenerative disorders, such as dementia with Lewy bodies and progressive supranuclear palsy, leads us to propose that the primary pathology may be cortical rather than thalamic. Additionally, the extinction of active hallucinations by eye closure challenges their conception of the role of reduced sensory input.

A major trend in foster care in developed countries over the past quarter century has been a shift toward placing children with “kin” rather than with unrelated foster parents. This change in practice is widely backed by legislation and is routinely justified as being in the best interests of the child. It is tempting to interpret this change as indicating that the child welfare profession has belatedly discovered that human social sentiments are nepotistic in their design, such that kin tend (...) to be the most nurturant alloparents. Arguably, however, the change in practice has been driven by demographic, economic, and political forces rather than by discovery of its benefits. More and better research is needed before we can be sure that children have actually benefitted. (shrink)

The results of a survey of business professionals verified a relationship between perceptions of corporate citizenship and organizational commitment. More important, the results demonstrated that the relationship between corporate citizenship and organizational commitment was stronger among employees who believe highly in the importance of the social responsibility of businesses. The results also indicated that the ethical measure of corporate citizenship was a stronger predictor of organization commitment than the economic, legal, and discretionary measures. Last, the results revealed that the discretionary (...) measure was more strongly associated with organizational commitment among female employees. (shrink)