Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores the potential of (...) legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

The writing of Iris Murdoch has long been of interest to both literature enthusiasts and students of philosophy. The years Murdoch spent studying philosophy at Oxford and Cambridge left an indelible imprint on her work. The essays in this book address both Murdoch’s philosophy and writing in the context of Continental philosophy and postmodern fiction. Many of the twelve essays resist the prevailing critical orthodoxies, introducing instead new theories with which to approach one of Britain’s most revered authors.

A computational modeling approach was used to test one possible explanation for the limited capacity of the subitizing phenomenon. Most existing models of this phenomenon associate the subitizing span with an assumed structural limitation of the human information processing system. In contrast, we show how this limit might emerge as the combinatorics of the space of enumeration problems interacts with the human cognitive architecture in the context of an enumeration task. Subitizing‐like behavior was generated in two different models of enumeration, (...) one based on the ACT‐R cognitive architecture and the other based on the principles of parallel distributed processing (PDP). Our results provide good qualitative fits to results obtained in a variety of empirical studies. (shrink)

Contemporary discussions of the relationship between negligence liability and the provision of services by both public and private organizations frequently suggest the emergence of a ‘compensation culture’. Despite empirical evidence that compensation culture claims are somewhat inflated, an anxiety persists that risks of tortious liability may still undermine the implementation of public policy. Concerns about the potential negative effects of liability on public administration frame the problem in various ways. First, there is an anxiety that public authorities may overreact to (...) liability risks by becoming excessively risk averse. Secondly, there is a fear that compensation claiming will divert financial resources away from service delivery and towards the payment of insurance premiums and compensation awards. Thirdly, there is the fear that insurance companies will, as ‘risk bullies’, curtail public service activities. And, finally, there is the suggestion that risk management, including legal risk management, is becoming the dominant mode of government decision-making to the exclusion of professional judgement. This article addresses these concerns through a set of empirical case studies about the management of liability risks associated with road maintenance services. Although our findings suggest that public authorities respond to liability risks in a variety of ways, we found only limited evidence of the above concerns. In general terms, it was a case of public authorities being risk aware and responsive as opposed to risk averse. (shrink)

The suspension of major sporting competitions due to the global COVID-19 pandemic had a substantial negative impact on the sporting industry. As such, a successful and sustainable return to sport will require extensive modifications to the current operations of sporting organizations. In this article we argue that methods from the realm of sociotechnical systems theory are highly suited for this purpose. The aim of the study was to use such methods to develop a model of an Australian Football League club’s (...) football department. The intention was to identify potential modifications to the club’s operations to support a return to competition following the COVID-19 crisis. Subject Matter Experts from an AFL club participated in three online workshops to develop Work Domain Analysis and Social Organization and Cooperation Analysis models. The results demonstrated the inherent complexity of an AFL football department via numerous interacting values, functions and processes influencing the goals of the system. Conflicts within the system were captured via the modeling and included pursing goals that may not fully reflect the state of the system, a lack of formal assessment of core values, overlapping functions and objects, and an overemphasis on specialized roles. The current analysis has highlighted potential areas for modification in the football department, and sports performance departments in general. (shrink)

BackgroundWe conducted a survey to identify what types of health/medical research could be exempt from research ethics reviews in Australia.MethodsWe surveyed Australian health/medical researchers and Human Research Ethics Committee members. The survey asked whether respondents had previously changed or abandoned a project anticipating difficulties obtaining ethics approval, and presented eight research scenarios, asking whether these scenarios should or should not be exempt from ethics review, and to provide comments. Qualitative data were analysed thematically; quantitative data in R.ResultsWe received 514 responses. (...) Forty-three per cent of respondents to whom the question applied, reported changing projects in anticipation of obstacles from the ethics review process; 25% reported abandoning projects for this reason. Research scenarios asking professional staff to provide views in their area of expertise were most commonly exempted from ethics review ; scenarios involving surplus samples and N-of-1 studies were most commonly required to undergo ethics review. HREC members were 26% more likely than researchers to require ethics review. Need for independent oversight, and low risk, were most frequently cited in support of decisions to require or exempt from ethics review, respectively.ConclusionsConsiderable differences exist between researchers and HREC members, about when to exempt from review the research that ultimately serves the interests of patients and the public. It is widely accepted that evaluative research should be used to reduce clinical uncertainties—the same principle should apply to ethics reviews. (shrink)

The literature addressing bias and fairness in AI models (fair-AI) is growing at a fast pace, making it difficult for novel researchers and practitioners to have a bird’s-eye view picture of the field. In particular, many policy initiatives, standards, and best practices in fair-AI have been proposed for setting principles, procedures, and knowledge bases to guide and operationalize the management of bias and fairness. The first objective of this paper is to concisely survey the state-of-the-art of fair-AI methods and resources, (...) and the main policies on bias in AI, with the aim of providing such a bird’s-eye guidance for both researchers and practitioners. The second objective of the paper is to contribute to the policy advice and best practices state-of-the-art by leveraging from the results of the NoBIAS research project. We present and discuss a few relevant topics organized around the NoBIAS architecture, which is made up of a Legal Layer, focusing on the European Union context, and a Bias Management Layer, focusing on understanding, mitigating, and accounting for bias. (shrink)

At the forefront of international concerns about global legislation and regulation, a host of noted environmentalists and business ethicists examine ethical issues in consumption from the points of view of environmental sustainability, economic development, and free enterprise.

This paper addresses responses to news about the imposing of a local lockdown in a UK city. The opposition to the measure shows it to be controversial as does the associated rejection of the grounds for taking action against covid more generally, which comes alongside the devaluing of expertise, resistance to public health responses, a proliferation of conspiracy theories and misinformation and the harm that can be caused by focussing on non-adherence to covid measure. The research question for this analysis (...) is therefore: how are arguments about the local lockdown discursively formulated in online discussions? Discursive analysis of online discussions following four newspaper articles identified six arguments used that range from scepticism to conspiratorial: scepticism over (1) the prevalence and; (2) severity of covid; (3) lockdowns generally do not work and (4) the specific city lockdown will not work; (5) lockdowns are overly risk averse; and (6) there are hidden political motives for lockdowns. The discussion shows how both the ‘conspiratorial’ and non-conspiratorial arguments are potentially harmful from a public health perspective. (shrink)

DBS Think Tank IX was held on August 25–27, 2021 in Orlando FL with US based participants largely in person and overseas participants joining by video conferencing technology. The DBS Think Tank was founded in 2012 and provides an open platform where clinicians, engineers and researchers can freely discuss current and emerging deep brain stimulation technologies as well as the logistical and ethical issues facing the field. The consensus among the DBS Think Tank IX speakers was that DBS expanded in (...) its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. After collectively sharing our experiences, it was estimated that globally more than 230,000 DBS devices have been implanted for neurological and neuropsychiatric disorders. As such, this year’s meeting was focused on advances in the following areas: neuromodulation in Europe, Asia and Australia; cutting-edge technologies, neuroethics, interventional psychiatry, adaptive DBS, neuromodulation for pain, network neuromodulation for epilepsy and neuromodulation for traumatic brain injury. (shrink)

Collaboration among nurses and other healthcare professionals is needed for effective hospital discharge planning. However, interprofessional interactions and practices related to discharge vary within and across hospitals. These interactions are influenced by the ways in which healthcare professionals’ roles are being shaped by hospital discharge priorities. This study explored the experience of bedside nurses’ interprofessional collaboration in relation to discharge in a general medicine unit. An ethnographic approach was employed to obtain an in‐depth insight into the perceptions and practices of (...) nurses and other healthcare professionals regarding collaborative practices around discharge. Sixty‐five hours of observations was undertaken, and 23 interviews were conducted with nurses and other healthcare professionals. According to our results, bedside nurses had limited engagement in interprofessional collaboration and discharge planning. This was apparent by bedside nurses’ absence from morning rounds, one‐way flow of information from rounds to the bedside nurses following rounds, and limited opportunities for interaction with other healthcare professionals and decision‐making during the day. The disconnection, disempowerment and devaluing of bedside nurses in patient discharge planning has implications for quality of care and nursing work. Study findings are positioned within previous work on nurse–physician interactions and the current context of nursing care. (shrink)

In this essay I attempt to show the limitations of analytic thinking and the kinds of dead ends into which such analyses may lead us in the philosophy of sport. As an alternative, I argue for a philosophy of complementation and compatibility in the face of what appear to be exclusive alternatives. This is a position that is sceptical of bifurcations and other simplified portrayals of reality but does not dismiss them entirely. A philosophy of complementation traffics in the realm (...) of ambiguities, paradoxes, differences by degree, tendencies, mixtures, polarities, tensions, complexes, transitions and all other forms of messiness. I note that this position has been generated, in part, by work conducted in the empirical sciences and that complementation provides a paradigm that is useful across the academic disciplines. To show the ways in which analytic thinking leads to dead ends, I analyse the epistemological debate over ?broad internalism? engaged in by Russell (1999, 2004), Dixon (2003), Simon (2000, 2004) and Morgan (2004). Evidence for the claim that they reached a mostly unhelpful stalemate is based on the fact that they did not provide any third option and moreover that the analytic tools and ground rules they employ prevent its discovery. I suggest that all four authors are comfortable with the analytic tendency to bifurcate reality and require choices among exclusionary alternatives. I also claim that they treat reason as if it were generated by a ?mind from nowhere?. Philosophical anthropology, I suggest, provides much-needed somatic grounding that would reign in excessively optimistic views of reason (Dixon, Simon and Russell) or excessively plastic interpretations of mind (Morgan). It can also provide evidence that could help us understand why hominids (even modern ones) are so attracted to dichotomies and why we have so much trouble in reconciling apparent incompatibilities. (shrink)

If an ethical theory sometimes requires that agents be motivated by features other than those it advances as justifications for the rightness or wrongness of actions, some consider this type of self-effacement to be a defeater from which no theory can recover. Most famously, Michael Stocker argues that requiring a divided moral psychology in which reasons are partitioned from motives would trigger a “malady of the spirit” for any agent attempting to live according to the prescriptions of modern ethical theories. (...) Stocker’s argument is tremendously influential, and the fact that he specifically links modern ethical theories to self-effacement leads advocates of virtue ethics to presume that their view is immune to the problem of self-effacement and that this immunity gives virtue ethics an advantage over its contemporary rivals. This immunity has been challenged by Thomas Hurka and Simon Keller, who maintain that virtue ethics is equally as vulnerable to the charge of self-effacement as its modern counterparts. I argue in this paper that recent attempts to reply to Hurka and Keller are not successful. Specifically, I argue that recent attempts to immunize virtue ethics from self-effacement do not adequately address the challenge from Keller that virtue ethics can only escape from self-effacement via measures that are also available to modern theories. Thus, even if virtue ethics can avoid self-effacement, one must give up the claim that virtue ethics is uniquely immune to self-effacement compared to its modern rivals. I close by noting that my aim is not to argue that virtue ethics is deficient in this respect. Instead, I suggest that advocates of virtue ethics ought to consider the possibility that self-effacement is a tolerable psychological challenge for any ethical theory that requires agents to reflect on the substantive normative guidance it provides. (shrink)

Dans cet article je présente le dilemme de Simon Blackburn pour les théories vériconditionnelles de la modalité, et je discute de ses limitations. Je discute la nature de circularité conceptuelle et argumentative, j’argumente que la circularité conceptuelle ne s’applique pas à toutes les théories vériconditionnelles de la modalité et que, de plus, la circularité argumentative ne s’applique pas. Il n’y a rien d’erroné, en principe, avec les théories de la modalité en termes non modaux, mais les questions épistémologiques présentes (...) sont significatives et ont été trop peu traitées. Je conclus que le dilemme de Blackburn est insuffisant pour défricher le terrain pour sa propre conception quasi-réaliste de la modalité. (shrink)

Dans cet article je présente le dilemme de Simon Blackburn pour les théories vériconditionnelles de la modalité, et je discute de ses limitations. Je discute la nature de circularité conceptuelle et argumentative, j’argumente que la circularité conceptuelle ne s’applique pas à toutes les théories vériconditionnelles de la modalité et que, de plus, la circularité argumentative ne s’applique pas. Il n’y a rien d’erroné, en principe, avec les théories de la modalité en termes non modaux, mais les questions épistémologiques présentes (...) sont significatives et ont été trop peu traitées. Je conclus que le dilemme de Blackburn est insuffisant pour défricher le terrain pour sa propre conception quasi-réaliste de la modalité. (shrink)

We show that for any uncountable cardinal λ, the category of sets of cardinality at least λ and monomorphisms between them cannot appear as the category of points of a topos, in particular is not the category of models of a ${L_{\infty,\omega }}$-theory. More generally we show that for any regular cardinal $\kappa < \lambda$ it is neither the category of κ-points of a κ-topos, in particular, nor the category of models of a ${L_{\infty,\kappa }}$-theory.The proof relies on the construction (...) of a categorified version of the Scott topology, which constitute a left adjoint to the functor sending any topos to its category of points and the computation of this left adjoint evaluated on the category of sets of cardinality at least λ and monomorphisms between them. The same techniques also apply to a few other categories. At least to the category of vector spaces of with bounded below dimension and the category of algebraic closed fields of fixed characteristic with bounded below transcendence degree. (shrink)

Creativity pervades human life. It is the mark of individuality, the vehicle of self-expression, and the engine of progress in every human endeavor. It also raises a wealth of neglected and yet evocative philosophical questions: What is the role of consciousness in the creative process? How does the audience for a work for art influence its creation? How can creativity emerge through childhood pretending? Do great works of literature give us insight into human nature? Can a computer program really be (...) creative? How do we define creativity in the first place? Is it a virtue? What is the difference between creativity in science and art? Can creativity be taught? The new essays that comprise The Philosophy of Creativity take up these and other key questions and, in doing so, illustrate the value of interdisciplinary exchange. Written by leading philosophers and psychologists involved in studying creativity, the essays integrate philosophical insights with empirical research. CONTENTS I. Introduction Introducing The Philosophy of Creativity Elliot Samuel Paul and Scott Barry Kaufman II. The Concept of Creativity 1. An Experiential Account of Creativity Bence Nanay III. Aesthetics & Philosophy of Art 2. Creativity and Insight Gregory Currie 3. The Creative Audience: Some Ways in which Readers, Viewers and/or Listeners Use their Imaginations to Engage Fictional Artworks Noël Carroll 4. The Products of Musical Creativity Christopher Peacocke IV. Ethics & Value Theory 5. Performing Oneself Owen Flanagan 6. Creativity as a Virtue of Character Matthew Kieran V. Philosophy of Mind & Cognitive Science 7. Creativity and Not So Dumb Luck Simon Blackburn 8. The Role of Imagination in Creativity Dustin Stokes 9. Creativity, Consciousness, and Free Will: Evidence from Psychology Experiments Roy F. Baumeister, Brandon J. Schmeichel, and C. Nathan DeWall 10. The Origins of Creativity Elizabeth Picciuto and Peter Carruthers 11. Creativity and Artificial Intelligence: a Contradiction in Terms? Margaret Boden VI. Philosophy of Science 12. Hierarchies of Creative Domains: Disciplinary Constraints on Blind-Variation and Selective-Retention Dean Keith Simonton VII. Philosophy of Education (& Education of Philosophy) 13. Educating for Creativity Berys Gaut 14. Philosophical Heuristics Alan Hájek. (shrink)

Addressing both collegiate and professional sports, the updated edition of Fair Play: The Ethics of Sport explores the ethical presuppositions of competitive athletics and their connection both to ethical theory and to concrete moral dilemmas that arise in actual athletic competition. This fourth edition has been updated with new examples, including a discussion of Spygate by the New England Patriots and recent discoveries on the use of performance enhancing drugs by top athletes. Two additional authors, Cesar R. Torres and Peter (...) F. Hager, bring to this edition a discussion of the moral issues involved in youth sports and the ethics of being a fan, as well as a fresh perspective on the theories of broad internalism and the quest for excellence. Furthermore, major criticisms of broad internalism by philosophers William J. Morgan and Scott Kretchmar add a new dimension to the discussion on the moral foundations of winning. (shrink)

This paper examines the Megg, Mogg and Owl stories of Simon Hanselmann, an Australian artist whose serialized comics both depict acts of contemporary roguery committed by a group of friends in an inner city sharehouse and test the generic limits of its own storytelling conventions, thereby becoming contemporary instances of “rogue texts.” The paper positions the adventures of Megg, a witch, Mogg, her familiar, Owl, their housemate, and associated characters including Booger and Werewolf Jones as contemporary variations of both (...) the Australian genre of grunge fiction and the broad international tradition of rogue literature. It shows how Megg, Mogg, Owl and their friends use the structure of the sharehouse to make their own rules, undertake illegal behaviour, and respond to the strictures of mainstream society, which alongside legal restrictions include normative restrictions on gender and behaviour. It shows the sharehouse as a response to their economic, as well as cultural and social conditions. The paper then shows how Megg and particularly Owl come up against the limitations of the permissiveness and apparent security of their “rogue” society, and respond by beginning to “go rogue” from the group. Meanwhile, the text itself, rather than advancing through time, goes over the same chronology and reinscribes it from new angles, becoming revisionist and re-creative, perhaps behaving roguishly against the affordances of episodic, vignette form. The paper argues that Simon Hanselmann’s Megg, Mogg and Owl comics can be understood as contemporary rogue texts, showing characters responding to social and generic limits and expressing them through a restless and innovative comics text. (shrink)

Philosophy and economics of Malthusianism. An optimistic view of human population growth and a critique of The Club of Rome and Paul R. Ehrlich, author of The Population Bomb. I apply Julian Simon's perspective to the malthusian debate, inspired by his book The Ultimate Resource. When a child is born he brings into existence not just an extra mouth to feed, but two hands and - more importantly in the long run - an extra brain with which to solve (...) any problems that an increase in population brings. In the long run, and given enough freedom, there in a propensity for humans to produce more than they consume. We are not just like flies in a bottle with a limited amount of resources, but creative creatures that can in principle engage in continual, never ending economic growth. -/- More Info: Multiple publishers: National Review; Clashing Views on Controversial Social Issues; Libertarian Alliance, UK. (shrink)

In recent years, there has been a heated debate about how to interpret findings that seem to show that humans rapidly and automatically calculate the visual perspectives of others. In the current study, we investigated the question of whether automatic interference effects found in the dot-perspective task (Samson, Apperly, Braithwaite, Andrews, & Bodley Scott, 2010) are the product of domain-specific perspective-taking processes or of domain-general “submentalizing” processes (Heyes, 2014). Previous attempts to address this question have done so by implementing (...) inanimate controls, such as arrows, as stimuli. The rationale for this is that submentalizing processes that respond to directionality should be engaged by such stimuli, whereas domain-specific perspective-taking mechanisms, if they exist, should not. These previous attempts have been limited, however, by the implied intentionality of the stimuli they have used (e.g. arrows), which may have invited participants to imbue them with perspectival agency. Drawing inspiration from “novel entity” paradigms from infant gaze-following research, we designed a version of the dot-perspective task that allowed us to precisely control whether a central stimulus was viewed as animate or inanimate. Across four experiments, we found no evidence that automatic “perspective-taking” effects in the dot-perspective task are modulated by beliefs about the animacy of the central stimulus. Our results also suggest that these effects may be due to the task-switching elements of the dot-perspective paradigm, rather than automatic directional orienting. Together, these results indicate that neither the perspective-taking nor the standard submentalizing interpretations of the dot-perspective task are fully correct. (shrink)

ONE of the most celebrated mathematical physicists, Pierre-Simon Laplace is often remembered as the mathematician who showed that despite appearances, the Solar System does conform to Newton’s theories. Together with distinguished scholars Robert Fox and Ivor Grattan-Guinness, Charles Gillispie gives us a new perspective, showing that Laplace did not merely vindicate Newton’s system, but had a uniquely creative and independent mind.

In his Meditations Descartes advances an argument that contains the essentials of the so-called “hard problem” of explaining consciousness. I show how this Cartesian argument was taken up in the twentieth century by C. A. Campbell, the moral libertarian and student of idealist Henry Jones. Campbell can be regarded as the model of what John Passmore and Simon Glendinning have respectively dubbed a “recalcitrant metaphysician” or “honorary Continental” philosopher—labels that attach largely to metaphysically-minded, mainly British thinkers who, with varying (...) degrees of affiliation to idealism, resisted the twentieth-century trends of logical behaviorism and the “revolutionary” linguistic method. In the course of this paper, I situate Campbell’s version of Descartes’ argument within the broader history of the development of the hard problem. (shrink)

In a context of experiences in which events become apparent that encroach upon mainstream and reasonable good sense, this paper gives an account of the emergence of political subjects into public domains that make possible new knowledge and personal and institutional transformations. A statement by Simone de Beauvoir and engagement with Michel Foucault's interpretation of “limit experiences” help to orient the paper. The essay ends with a discussion of certain types of power and the birth of political subjects.

From very early on, Western philosophers have been obsessed with the understanding of a relatively few works of philosophy which have played a disproportionately large and fundamental role in developing the Western philosophical canon, dominating the curriculum in the past and in the present; there is no indication that they will not do so in the future.Uses and Abuses of the Classics examines the various ways in which the different periods of the history of philosophy have approached these texts. The (...) editors have chosen for analysis some of the major philosophers from periods of the history of philosophy in which the interpretation of the classics has been particularly significant.Contributions to this book include entries on: Aristotle's reading of Plato; Averroes on Aristotle; Nietzsche on the Beginnings of Western Philosophy; and Thomas Aquinas's Commentary on Aristotle's Metaphysics. (shrink)

The relationship of part to whole is one of the most fundamental there is; this is the first and only full-length study of this concept. This book shows that mereology, the formal theory of part and whole, is essential to ontology. Peter Simons surveys and criticizes previous theories, especially the standard extensional view, and proposes a more adequate account which encompasses both temporal and modal considerations in detail. 'Parts could easily be the standard book on mereology for the next twenty (...) or thirty years.' Timothy Williamson, Grazer Philosophische Studien. (shrink)