Community-level legal and policy innovations or “experiments” can be important levers to improve health. States and localities are empowered through the 10th Amendment of the United States Constitution to use their police powers to protect the health and welfare of the public. Many legal and policy tools are available, including: the power to tax and spend; regulation; mandated education or disclosure of information, modifying the environment — whether built or natural ; and indirect regulation. These legal and policy interventions can (...) be targeted to specific needs at the community level and are often relatively low-cost, but high impact interventions. As every community is different, effective laws and policies will vary. This freedom allows states and localities to, as Justice Louis Brandeis argued, truly serve as “laboratories of democracy.”. (shrink)

Beginning with an overview of Galileo's earliest work on free fall, the paper examines the relationship between experiment and theory in his study of motion in the period immediately before and after 1604. The possible role of experiment is assessed in relation to the manuscript evidence and by means of reconstructed experiments.

Law enforcement poses a difficult work environment. Employees’ wellbeing is uniquely taxed in coping with daily violent, aggressive and hostile encounters. These challenges are compounded for women, because law enforcement remains to be a male-dominated occupational context. Yet, many women in law enforcement display resilience and succeed in maintaining a satisfying career. This study explores the experience of being authentic from a best-self perspective, for women with successful careers in the South African police and traffic law enforcement services. Authenticity (...) research substantiates a clear link between feeling authentic and experiencing psychological wellbeing. The theoretical assumption on which the study is based holds that being authentic relates to a sense of best-self and enables constructive coping and adjustment in a challenging work environment. A qualitative study was conducted on a purposive sample of 12 women, comprising 6 police officers and 6 traffic officers from the Western Cape province in South Africa. Data were gathered through narrative interviews focussing on experiences of best-self and were analysed using interpretive phenomenological analysis. During the interviews, participants predominantly described feeling authentic in response to work-related events of a conflictual and challenging nature. Four themes were constructed from the data to describe authenticity from a best-self perspective for women in the study. These themes denote that the participating women in law enforcement, express feeling authentic when they present with a mature sense of self, feel spiritually congruent and grounded, experience self-actualisation in the work–role and realign to a positive way of being. Women should be empowered towards authenticity in their world of work, by helping them to acquire the best-self characteristics needed for developing authenticity. (shrink)

Can one reject copyright law and be a qualified observer of its dispositives? This question was taken up by Bertolt Brecht in an intriguing essay concerning the litigation surrounding the film adaptation ofThe Threepenny Opera(1928). Brecht here develops an experimental observation around the nature of film adaptation and cultural production in copyright. While an experimental approach to law was in itself a subversive gesture, the specific legal process enabled him to expose the paradoxical ways in which the copyright system worked.

The Copernican revolution with which Kant transformed the question of whether knowledge is possible into the query as to how knowledge is possible, constitutes one stage in the development of epistemology from a speculative to an observational science — i.e., one that proceeds from the investigation of concrete, existent objects rather than from a small number of presupposed concepts. This path, leading from speculation to examination of the concrete objects of research — for epistemology, to the investigation of the various (...) individual sciences — is long and arduous, and even now it has been traversed only a small part of the way. Although epistemological research has for a long time had some relation to mathematics and physics, and a more concrete exploration of biology and the humanities has recently been launched as well, we undoubtedly still stand at the very beginning of this enterprise. One major task for the epistemological inquiry into a specific discipline is bound up with tracing the course of development of that science — in particular, the radical shifts and readjustments in a science that promise to furnish the epistemologist with valuable information. Seen from this angle, psychology also currently deserves the special attention of epistemology. (shrink)

This volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics. Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, as well as our methods of fulfilling ethical goals. The chapters in this volume extend experimental work (...) on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics, legal, and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various applied ethical issues including feminist X-Phi, animal welfare, experimental bioethics, and self-driving cars. Experiments in Moral and Political Philosophy will be of interest to scholars and advanced students working in ethics, applied ethics, experimental philosophy, social and political philosophy, and philosophy of law. (shrink)

This volume presents new research on the use of experimental methodologies in moral and social philosophy. The contributions reflect the growing plurality of methodologies and strategies for implementing experimental work on morality to new domains, problems, and topics. Philosophers are exploring the ways in which empirical approaches can transform our idea of the good, our understanding of the social nature of norms and morality, as well as our methods of fulfilling ethical goals. The chapters in this volume extend experimental work (...) on morality to previously underexplored areas. The contributions in Part 1 explore the methods and foundations of experimental work in areas such as folk moral judgments, metaethical beliefs, moral explanations, and reflective equilibrium. Part 2 focuses on issues in normative ethics, legal, and political philosophy such as virtue ethics, utilitarianism, theories of justice, and criminal responsibility. Finally, the chapters in Part 3 tackle various applied ethical issues including feminist X-Phi, animal welfare, experimental bioethics, and self-driving cars. Experiments in Moral and Political Philosophy will be of interest to scholars and advanced students working in ethics, applied ethics, experimental philosophy, social and political philosophy, and philosophy of law. (shrink)

Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt. By Kristen Stilt. New York: Oxford University Press, 2011. Pp. xv + 238. $100.

The upheavals of late eighteenth century Europe encouraged people to demand greater liberties, including the freedom to explore the natural world, individually or as part of investigative associations. The Moravian Agricultural and Natural Science Society, organized by Christian Carl André, was one such group of keen practitioners of theoretical and applied scientific disciplines. Headquartered in the “Moravian Manchester” Brünn, the centre of the textile industry, society members debated the improvement of sheep wool to fulfil the needs of the Habsburg armies (...) fighting in the Napoleonic Wars. Wool, as the raw material of soldiers' clothing, could influence the war’s outcome. During the early nineteenth century, wool united politics, economics, and science in Brno, where breeders and natural scientists investigated the possibilities of increasing wool production. They regularly discussed how “climate” or “seed” characteristics influenced wool quality and quantity. Breeders and academics put their knowledge into immediate practice to create sheep with better wool traits through consanguineous matching of animals and artificial selection. This apparent disregard for the incest taboo, however, was viewed as violating natural laws and cultural norms. The debate intensified between 1817 and 1820, when a Hungarian veteran soldier, sheep breeder, and self-taught natural scientist, Imre Festetics, displayed his inbred Mimush sheep, which yielded wool extremely well suited for the fabrication of light but strong garments. Members of the Society questioned whether such “bastard sheep” would be prone to climatic degeneration, should be regarded as freaks of nature, or could be explained by natural laws. The exploration of inbreeding in sheep began to be distilled into hereditary principles that culminated in 1819 with Festetics’s “laws of organic functions” and “genetic laws of nature,” four decades before Gregor Johann Mendel’s seminal work on heredity in peas. (shrink)

Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes (...) and orders time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers (...) can claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects (...) of our mode of being-in-the-world, which is based on openness to the world and consists in the mutual recognition of people in their dignity. Digital technologies, in turn, contribute to replacing fundamental openness with illusory freedom in cyberspace. The latter, unlike the public realm as a realm of action of many, and in this sense legal realm, is based primarily on productive activities of one and no longer requires law. (shrink)

Starting with Galileo's experiments with motion, this study of 25 crucial discoveries includes Newton's laws of motion, Chadwick's study of the neutron, Hertz on electromagnetic waves, and more. Includes Isaac Newton's "The Laws of Motion," Henry Cavendish's "The Law of Gravitation," Heinrich Hertz's "Electromagnetic Waves," Niels Bohr's "The Hydrogen Atom," and more.

This paper is a study of the origins of Leo Strauss's thought, arguing that its early development must be understood in the context of the philosophy of religion of late Wilhelmine and Weimar Germany. More specifically, it shows that Strauss's early works were written against the background of Kantian philosophy and post-Kantian accounts of religious experience, and that his turn towards medieval law as a topic and ideal was precipitated by the critique of those accounts by radical Protestant theologians (...) writing in the post-World War I era of crisis. Ironically, then, Strauss's investment in premodern Judaism—and his related rejection of modern philosophy—had important Christian origins. (shrink)

This paper asks whether geographically localised, or ‘hyperlocal’, uses of Twitter succeed in creating peer-to-peer neighbourhood networks or simply act as broadcast media at a reduced scale. Literature drawn from the smart cities discourse and from a UK research project into hyperlocal media, respectively, take on these two opposing interpretations. Evidence gathered in the case study presented here is consistent with the latter, and on this basis we criticise the notion that hyperlocal social media can be seen as a community (...) in itself. We demonstrate this by creating a network map of Twitter followers of a popular hyperlocal blog in Brockley, southeast London. We describe various attributes of this network including its average degree and clustering coefficient to suggest that a small and highly connected cluster of visible local entities such as businesses form a clique at the centre of this network, with individual residents following these but not one another. We then plot the locations of these entities and demonstrate that sub-communities in the network are formed due to close geographical proximity between smaller sets of businesses. These observations are illustrated with qualitative evidence from interviews with users who suggest instead that rather than being connected to one another they benefit from what has been described as ‘neighbourhood storytelling’. Despite the limitations of working with Twitter data, we propose that this multi-modal approach offers a valuable way to investigate the experience of using social media as a communication tool in urban neighbourhoods. (shrink)

Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects (...) of our mode of being-in-the-world, which is based on openness to the world and consists in the mutual recognition of people in their dignity. Digital technologies, in turn, contribute to replacing fundamental openness with illusory freedom in cyberspace. The latter, unlike the public realm as a realm of action of many, and in this sense legal realm, is based primarily on productive activities of one and no longer requires law. (shrink)

How did Baruch Spinoza, the seventeenth-century Dutch-Jewish philosopher, become a nineteenth-century German Marxist? It is on its face an unlikely development. Karl Marx was a fiery revolutionary theorist who heralded the imminent demise of capitalism, while Spinoza was a contemplative philosopher who preached rational understanding and voiced skepticism about open rebellion. Further, Spinoza criticized all teleological ideas as anthropomorphic fantasies, while Marxism came to be associated expressly with teleological historical development. Yet socialists of the German nineteenth century were consistently drawn (...) to Spinoza as their philosophical guide. Tracie Matysik shows how the metaphorical meeting of Spinoza and Marx arose out of an intellectual conundrum about the meaning of activity. How is it, exactly, that humans can be fully determined creatures - creatures in nature and governed by causal laws of nature - and also able to change their world? To address this seeming paradox, many revolutionary theorists scrapped the idea of activity as something autonomous humans do when they assert themselves against nature and its causal laws. Thinking with Spinoza, they came to think of activity instead as relating - as the state of relations between humans and between humans and the non-human world. Matysik follows these Spinozist-socialist intellectual experiments in the meaning of activity that unfolded across the nineteenth century, drawing lessons from them that may be meaningful for the environmental-justice issues confronting the contemporary world. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions (...) concerning the sociopolitical function of values education in the music classroom. (shrink)

Stephen Law follows THE PHILOSOPHY FILES with a second book of philosophical conundrums for teenagers. This time he asks such questions as Do Miracles Happen? Why Do These Words Mean Something? and Do I Know the Sun will Rise Tomorrow? You can dip into the arguments that interest you, in eight chapters where the themes are set up in witty scenarios and then debated. There are wacky thought experiments to work out and a variety of characters appear - some of (...) them Martians. As in THE PHILOSOPHY FILES, there are hundreds of lively cartoons running through the book. Stephen Law is a brilliant communicator with a passion to make young people think for themselves. As the GUARDIAN said: 'It's philosophy in action rather than philosophy in aspic... a real philosophy book for kids - which students and adults could enjoy too - finally exists'. (shrink)

It is likely that internal factors play an important role in restricting the possible avenues of evolutionary change from any starting point. Internal selective processes operating on premutational disturbances, on mutations, and on developmental phases may usefully be separated from the adaptive selection of phenotypes. The precise structural and morphological consequences of internal factors should soon become an isolable problem owing to a) the observational correlation of definite changes in hereditary specificity with particular developmental consequences; and b) the progressive theoretical (...) identification of the coordinative conditions in organisms. Increasing clarity regarding the coordinative conditions should throw light on the “mutational selection rules” and on the differentiative mutations which led to the most important steps in the past history of evolution.Die Wege der Evolution können sowohl durch innere Auslese der Genotypen wÄhrend der Entwicklung als auch durch die Äussere Darwinische Auslese der Phenotypen bestimmt werden. Seit 1949 haben sich zumindest fünf Forscher mit dieser Möglichkeit befasst. Es ist zur Zeit möglich, zwischen den beiden Arten von Zuchtwahl theoretisch und experimentell zu unterscheiden.Les chemins de l'évolution peuvent Être déterminés non seulement par la sélection extérieure Darwinienne des phénotypes mais aussi par la sélection intérieure des genotypes pendant le développement. Depuis 1949 aux moins cinq investigateurs en ont considéré la possibilité. Il est possible à présent de faire la distinction entre les deux types de sélection dans la théorie comme dans l'expérience. (shrink)

Dualism holds that experiences are non-physical states that exist alongside physical states. Dualism leads to the postulation of psychophysical laws that generate experiences by operating on certain sorts of physical states. What sorts of physical states? To the limited extent that dualists have addressed this question, they have tended to favor a brain-based approach that locates the physical basis of experience in the head. In contrast, this paper develops an argument for a form of dualism on which experience (...) has a physical basis that reaches out into the world. Specifically, the argument uses a puzzle about spatial experience to support a theory I call _tracking dualism_. On tracking dualism, a psychophysical law generates experiences by operating on complex physical states that involve both brain states and tracking relations that they bear to features of the environment. To develop the argument, I discuss tracking dualism alongside its more familiar physicalist counterpart, the tracking intentionalist theory associated with Dretske, Lycan, and Tye. I conclude by outlining a tracking dualist research agenda. (shrink)

The unprecedented public panic caused by COVID-19 will affect the recovery of tourism, especially the theme parks, which are generally crowded due to high visitor volume. The purpose of this study is to discuss the effect of the COVID-19 on the theme park industry. This study aims to predict recommendation intentions of theme park visitors by exploring the complicated mechanism derived from the fear of COVID-19. This study uses a quantitative research method, and SPSS 20.0 and AMOS 22.0 were used (...) for data analysis. An online survey was conducted with 420 Chinese respondents who visited Shanghai Disneyland after its reopening. The study explored the relationship between Fear of COVID-19, perceived risk, participation, service experience, and revisit intention. Results indicated the perceived risk of theme park visitors will not directly ruin their recommendation intention. Visitors’ fear of COVID-19 enhanced their perceived risk, reduced their desire for active participation and impaired their service experience, which consequently affected their recommendation intention. We provide theoretical and managerial implications. (shrink)

Anne-Lise Rey’s account of Maupertuis’s physical theology challenges the efforts on the part of commentators to align his work with Newton, Leibniz, or critics of Leibniz by examining the innovative epistemological principles that inform his Essay on Cosmology (1750). Through an analysis of his proofs of the existence of God in this work, she investigates Maupertuis’s view on how we can obtain certain knowledge of nature and the place he affords to experimentation and contingency in this regard. Rey claims that (...) Maupertuis, despite his hostility toward Descartes, Leibniz, and Wolff, did not abolish the idea of a metaphysics of nature per se, but tried to strike a new balance between, on the one hand, the deduction of laws from the nature of bodies and, on the other hand, experimentation. More specifically, she argues that Maupertuis in the Essay on Cosmology affirms our epistemic incapacity to grasp the whole system of nature and, hence, argues that the probable truths we can obtain in physics by means of experiments are superior to the geometrical truths that Descartes and his followers aimed to establish in both physics and metaphysics. (shrink)

Interest in science and math plays an important role in encouraging STEM motivation and career aspirations. This interest decreases for girls between late childhood and adolescence. Relatedly, positive mentoring experiences with female teachers can protect girls against losing interest. The present study examines whether visitors to informal science learning sites differ in their expressed science and math interest, as well as their science and math stereotypes following an interaction with either a male or female educator. Participants were visitors to one (...) of four ISLS in the United States and United Kingdom. Following an interaction with a male or female educator, they reported their math and science interest and responded to math and science gender stereotype measures. Female participants reported greater interest in math following an interaction with a female educator, compared to when they interacted with a male educator. In turn, female participants who interacted with a female educator were less likely to report male-biased math gender stereotypes. Self-reported science interest did not differ as a function of educator gender. Together these findings suggest that, when aiming to encourage STEM interest and challenge gender stereotypes in informal settings, we must consider the importance of the gender of educators and learners. (shrink)

The status of the laws of nature in Hobbes’s Leviathan has been a continual point of disagreement among scholars. Many agree that since Hobbes claims that civil philosophy is a science, the answer lies in an understanding of the nature of Hobbesian science more generally. In this paper, I argue that Hobbes’s view of the construction of geometrical figures sheds light upon the status of the laws of nature. In short, I claim that the laws play the same role as (...) the component parts – what Hobbes calls the “cause” – of geometrical figures. To make this argument, I show that in both geometry and civil philosophy, Hobbes proceeds by a method of synthetic demonstration as follows: 1) offering a thought experiment by privation; 2) providing definitions by explication of “simple conceptions” within the thought experiment; and 3) formulating generative definitions by making use of those definitions by explication. In just the same way that Hobbes says that the geometer should “put together” the parts of a square to learn its cause, I argue that the laws of nature are the cause of peace. (shrink)

Wrestling with the Angel is a meditation on contemporary political, legal, and social theory from a psychoanalytic perspective. It argues for the enabling function of formal and symbolic constraints in sustaining desire as a source of creativity, innovation, and social change. The book begins by calling for a richer understanding of the psychoanalytic concept of the symbolic and the resources it might offer for an examination of the social link and the political sphere. The symbolic is a crucial dimension of (...) social coexistence but cannot be reduced to the social norms, rules, and practices with which it is so often collapsed. As a dimension of human life that is introduced by language--and thus inescapably "other" with respect to the laws of nature--the symbolic is an undeniable fact of human existence. Yet the same cannot be said of the forms and practices that represent and sustain it. In designating these laws, structures, and practices as "fictions," Jacques Lacan makes clear that the symbolic is a dimension of social life that has to be created and maintained and that can also be displaced, eradicated, or rendered dysfunctional. The symbolic fictions that structure and support the social tie are therefore historicizable, emerging at specific times and in particular contexts and losing their efficacy when circumstances change. They are also fragile and ephemeral, needing to be renewed and reinvented if they are not to become outmoded or ridiculous. Therefore the aim of this study is not to call for a return to traditional symbolic laws but to reflect on the relationship between the symbolic in its most elementary or structural form and the function of constraints and limits. McNulty analyzes examples of "experimental" (as opposed to "normative") articulations of the symbolic and their creative use of formal limits and constraints not as mere prohibitions or rules but as "enabling constraints" that favor the exercise of freedom. The first part examines practices that conceive of subjective freedom as enabled by the struggle with constraints or limits, from the transference that structures the "minimal social link" of psychoanalysis to constrained relationships between two or more people in the context of political and social movements. Examples discussed range from the spiritual practices and social legacies of Moses, Jesus, and Teresa of Avila to the political philosophy of Hannah Arendt and Jacques Rancière. The second part is devoted to legal and political debates surrounding the function of the written law. It isolates the law's function as a symbolic limit or constraint as distinct from its content and representational character. The analysis draws on Mosaic law traditions, the political theology of Paul, and twentieth-century treatments of written law in the work of Carl Schmitt, Walter Benjamin, Sigmund Freud, Pierre Legendre, and Alain Badiou. In conclusion, the study considers the relationship between will and constraint in Kant's aesthetic philosophy and in the experimental literary works of the collective Oulipo. (shrink)

This paper explores the question concerning the relationship between basic and higher layers of experience and self-experience. The latter distinction implicitly presupposes the idea of a univocal foundation. After explaining the formal ontological law of foundation, an attempt is made to clarify how the idea of foundation may be suitable to understand the relationship among moments, or layers, of self-experience. To this aim, the phenomenological descriptions of self- and world-experience in dementia and schizophrenia are compared. The (...) comparison between these two, in many ways radically different, pathologies allows us to highlight both the potentialities and the limits of resorting to the foundational relationship for the description of lived experience. Taking the challenges coming from the description of dementia and schizophrenia into serious consideration, the meaning of the “stratified” account of self-experience will be eventually reassessed, and a way to complement the idea of foundation among layers will be proposed. (shrink)

In this thesis I investigate the notion of experience in German Idealist Philosophy. I focus on the exploration of an alternative to the transcendental model notion of experience through Schelling's insight into the notion of logogrif. The structural division of this project into two sections reflects the two theoretical standpoints of this project, namely the logic and the logogrif of experience. The first section - the logic of experience - explores the notion of experience provided (...) in Kant's Critique of Pure Reason, Critique of Judgement and Fichte's Science of Knowledge. I argue that Kant's fundamental question about the possibility of synthetic a priori judgements succeeds in thematising the aporia of cognitive experience but results in a subject-oriented, representational model which radically confines the notion of experience to the constitutive laws of the understanding or to the normative precepts of Reason. Experience is founded upon a sharp division between faith and knowledge, will and logic, desire and reflection, absolute and finitude. Fichte's endeavour to articulate a non-representational account of experience, does not succeed in extricating itself from the representational model, so long as experience is reduced to the ever-producing deeds of the self-positing ego. Despite the serious differences between Kant's and Fichte's notions of experience, both accounts, so long as they unfold from a transcendental standpoint, attempt to resolve experience into conceptual laws or determinations of the ego's absolute will. Experience is transformed into an object of the subject's cognitive or volitional faculties. The paradoxes of man's interaction with the world are intended to be accommodated either by the law-giving spontaneity of the understanding and the Architectonic of Pure Reason or by the overpowerful primordial act of the self-positing ego. This implies the conceptualisation of the self in terms of constant identity-through-time, or sheer self-determination. However, this conceptualisation remains at the normative or prescriptive level, which in turn is projected upon the world. The latter, though appears as the subject's property, essentially remains alien and opaque, confirming the radical limitations of the ego rather than its order-giving authority. Moreover, this notion of experience is ultimately founded upon a radical expulsion of the divine from the world, the de-spiritualisation of the sensual and the de-sensualisation of the spiritual, the sharp juxtaposition between absolute and finitude. This results in a self-defeating subjectivity, whose firm identity and rule-giving authority does not rescue it from its perennial unattainability to 'organise the conditioned' or 'conquer the unconditioned'. In Kant's and Fichte's thought, however, I detect elements that potentially transgress their transcendental account of experience. These are found in Kant's concept of spontaneity and free play between understanding and imagination, and Fichte's concept of productivity. I argue that these elements lose their potential dynamism, so long as they are absorbed by the transcendental demands for the solution of the aporias of logic. However, these elements point to the need for a radical re-conceptualisation of the notion of experience. This is provided by means of Schelling's logogriflic approach, which constitutes the theme of the second section. The second section - the logogrif of experience - attempts to articulate a different approach towards the notion of experience, through an exploration of Schelling's versatile and provocative thought. This section focuses on Schelling's original insight into the notion and act of logogrif, which opens the dialogue between logos and mythos, cosmic becoming and human soul, cosmic imagination and human reflection, faith and knowledge. This section attempts to illuminate Schelling's fascinating philosophical investigations and discoveries that have been rather overlooked, possibly, due to Hegel's overwhelming critique. This section, after a brief critical examination of the Identity Philosophy, attempts to elucidate Schelling's notion of experience through his middle works, Of Human Freedom, Ages of the World, The Deities of Samothrace, which are treated as a self-developing trilogy. Schelling re-addresses the aporias of logic not as part of Reason's self-interrogation but as part of the cosmic paradoxes and living experiences. In this way, Schelling resets the scene of the debate on the conditions of possibility for cognitive experience by putting on the stage the enigmas of the cosmos and life rather than the Tribunal of Reason. Logic itself is conceived as a potency in the cosmic becoming, and consequently can no longer attempt to establish the transcendental conditions for the possibility of cognitive experience. Cosmic becoming, in which man is an active part, is conceived as the process of the movement, the interaction, the transformations and transmutations of multiple potencies. These, far beyond any mechanical conceptualisation, appear as self-moving and yet interdependent, unknown yet familiar, inscrutable and yet manifest powers, describing the mystery of life itself. The latter is depicted as an ever-recurrent act of longing for self-expression as active unity. Experience is conceived as the lived process of a network of living potencies, which may not only resist rational powers but may also puzzle and seize them. In this context, reflection acquires a plastic dimension, as opposed to its rigidity in the representational model of experience. Reflection depicts cosmic longing's self-formation, whose man is part. This self-bending formation partially illuminates the nature of longing, and from this standpoint is the logic of the longing. However, this formation is movable, transmutable and mostly ineffable, and from this standpoint is the logic of a riddle: a logogrif. Logogrif is the transitive term that attempts to describe the transition of experience from its enacted phase to its allusive conceptual utterance, and in this sense the term itself participates in both phases, as both form of thought and form of life. The logogrific approach to experience in turn transposes us as from the realm of pure concepts to the realm of the mystery of life, from pure thought to acts of longing, from the Architectonic of Pure Reason to Cosmic Theurgy. The latter term attempts to grasp the paradox and dynamism of cosmic and non-cosmic becoming by means of multiple, vanishing and ever-recurring, transmutable potencies, or in Schelling's terms 'the magic of insoluble life'. Schelling's logogrific account consists in a powerful voice for the re-enchantment of the world, the introduction into the notion of experience of the imminence of the divine. This is not suggested in terms of the adoption of old religious doctrines but by means of the discovery and re-discovery of the theurgy of life, through the intensification of our artistic mood, the creative expansion of our deeds. This notion of experience allows for the reconsideration of the notion of the self, in terms of a dynamic, conflictual process between conscious and unconscious powers and the critical revaluation of the accounts of subjectivity which reduce it to the sphere of self-consciousness. The thesis concludes with the need for an investigation into the relation between logos and mythos, which only tangentially has been introduced by the present project. In this context it will be possible to re-appraise the potential that the logogrific approach opens for an alternative to both logical and traditional mythological patterns of thinking. (shrink)

The teaching of critical race, feminist, and queer theory generally, and of LGBT rights specifically, has developed into a discrete, contested, and politicised area of teaching in English law schools and beyond. While there is some academic discussion on the personal and political significance of ‘promoting LGBT rights’ within law schools, less considered is how ‘LGBT rights’ are shaped by the emotions of legal academics and how these emotions circumscribe what we imagine LGBT rights can and/or should mean in law (...) and critical legal study. To illustrate this dynamic, this paper uses critical race, feminist, and queer scholarship alongside work in the emerging field of Law and Emotion to articulate the ‘emotional grammar’ of teaching a Gender, Sexuality and Law unit at an English law school. Turning to autoethnography, I use my emotional experiences as a methodological tool to explore how emotions co-constitute the pedagogical, political, scholarly, and personal registers of LGBT rights as a descriptive, critical, and normative pursuit. In doing so, I use ‘emotional grammar’ as a novel way to map how emotions structure legal pedagogies invested in pursuing LGBT rights. Emotional grammar illustrates how emotions structure: (1) the articulation of LGBT rights as an object of study in law; (2) the pursuit of law to secure the rights of LGBT people; and (3) the shape of legal critique relating to LGBT rights. (shrink)

This paper provides a formal description of two legal domains. In addition, we describe the generation of various artificial datasets from these domains and explain the use of these datasets in previous experiments aligning learning and reasoning. These resources are made available for the further investigation of connections between arguments, cases and rules. The datasets are publicly available at https://github.com/CorSteging/LegalResources.

Wittgenstein and Kripke disagree about the status of the proposition: the Standard Metre is one metre long. Wittgenstein believes it is necessary. Kripke argues that it is contingent. Kripke's argument depends crucially on a certain sort of thought‐experiment with which we are invited to test our intuitions about what is and isn’t necessary. In this paper I argue that, while Kripke's conclusion is strictly correct, nevertheless similar Kripke‐style thought experiments indicate that the metric system of measurement is after all relative (...) in something like the way Wittgenstein seems to think. Central to this paper is a thought‐experiment I call The Smedlium Case. (shrink)

The language of physics is mathematics, and physics ideas, laws and models describing phenomena are usually represented in mathematical form. Therefore, an understanding of how to navigate between phenomena and the models representing them in mathematical form is important for a physics teacher so that the teacher can make physics understandable to students. Here, the focus is on the “experimental mathematization,” how laws are established through quantifying experiments. A sequence from qualitative experiments to mathematical formulations through quantifying experiments on electric (...) current, voltage and resistance in pre-service physics teachers’ laboratory reports is examined. The way students reason and justify the mathematical formulation of the measurement results and how they combine the treatment and presentation of empirical data to their justifications is analyzed. The results show that pre-service physics teachers understand the basic idea of how quantifying experiments establish the quantities and laws but are not able to argue it in a justified manner. (shrink)

In the Australian state of Victoria, legislation allowing voluntary assisted dying (VAD) passed through parliament in November 2017. There was then an eighteen-month period before the start date for patient access to VAD, referred to as the “implementation period.” The implementation period was intended to allow time for the relevant government department and affected organizations to develop processes before the Act came into effect in June 2019. This qualitative interview study investigates the perspectives of a multidisciplinary sample of twelve clinicians (...) from a single metropolitan hospital during this implementation period. Maximum variation sampling was utilized to ensure breadth across discipline (medical, nursing, allied health), speciality, and stated level of support for the VAD legislation. Four key themes were identified from the interview data: preparing for the unknown, ethical diversity within the organization, building a respectful culture, and concerns about the inability of the legislated approach to capture clinical nuances. Overall, these clinicians’ workplace experiences during the implementation period were shaped by the ethical diversity within their organization and a sense of uncertainty about how the VAD legislation would integrate with the practical realities of their clinical setting. The concept of “ethical diversity” could be a useful one for supporting staff in an organization during a VAD implementation period. (shrink)

Background Coping with end-of-life issues is a major challenge for governments and health systems. Despite progress in legislation, many barriers exist to its full implementation. This study is aimed at identifying these end-of-life barriers in relation to Israel. Methods Qualitative in-depth interviews using professionals and decision makers in the health-care and related systems were carried out, along with two focus groups based on brainstorming techniques consisting of nurses and social workers. Data was managed and analyzed using Naralyzer software. Results Qualitative (...) analysis showed identification of six primary barriers: 1) law, procedures, and forms; 2) clinical aspects; 3) human aspects; 4) knowledge and skills of medical teams; 5) communication; and 6) resource allocation. These were further divided into 44 sub area barriers. Conclusions This study highlights the role of the family doctor in end-of-life by training physicians in decision-making workshops and increasing their knowledge in the field of palliative medicine. Effectively channeling resources, knowledge, and support for medical teams, by accounting for the structure and response of the units for home treatment will improve patient’s access to information on and support for end-of-life laws, as well as reduce legislative barriers in other countries that face the same issues. (shrink)

This essay describes an interdisciplinary educational experiment in health law. The experiment was funded by the National Science Foundation, received Institutional Review Board approvals, incorporated inter-disciplinary faculty and graduate students from several universities in Atlanta, and employed problem-based learning. After discussing my motivation to undertake this experimental approach to teaching health law, I explain how the course was developed and structured and how we are assessing its results. I also offer some reflections on why other health law teachers might be (...) motivated to incorporate some features of our experimental approach into their own classes, and some thoughts on how they might do so based on lessons learned.I undertook this experiment to test in an educational setting an approach to problem solving that I have developed for addressing certain kinds of seemingly intractable policy problems. I call this a “navigational approach” to “fractious problems.”. (shrink)

Australia is witnessing a political, social and cultural renaissance of public debate regarding violence against women, particularly in relation to domestic and family violence (DFV), sexual assault and sexual harassment. Women's voices calling for law reform are central to that renaissance, as they have been to feminist law reform dating back to nineteenth-century campaigns for property and suffrage rights. Although feminist research has explored women’s voices, speaking out and storytelling to highlight the exclusions and limitations of the legal and criminal (...) justice systems in responding to women’s experience, less attention has been paid to how women's voices are elicited, received and listened to, and the forms of response they have received. We argue that three recent public inquiries in Australia reveal an urgent need for a victim-survivor-centred theory of listening to women’s voices in law reform seeking to address violence against women. We offer a nascent theory of a victim-survivor-centred approach grounded in openness, receptivity, attentiveness and responsiveness, and argue that in each of our case studies, law reform actors failed to adequately listen to women by silencing and refusing to listen to them; by hearing them but failing to be open, receptive and attentive; and by selectively hearing and resisting transformation. We argue that these inquiries signal an acute need for attention to the dynamics of listening in law reform processes, and conclude that a victim-survivor-centred theory of listening is a critical foundation for meaningful change to address violence against women. (shrink)

In this paper I will defend an approach to the thought experiment known as ‘Maxwell’s Demon’ based on a Maxwellian conception of statistical mechanics. Instead of assuming that thermodynamic descriptions depend reductively on the dynamics of molecular components, I will adopt a conception of thermophysics as a ‘resource theory’ in the Maxwellian line recently defended by Myrvold (2011) and Wallace (2017). From this interpretative stance, Maxwell’s demon would not lead directly to the plausibility of violating the second law of thermodynamics, (...) but to show the pragmatic impossibility of knowing deterministically the exact microscopic of thermal systems. (shrink)

Recent re-evaluation of the question of the exact role of experience in the Cartesian philosophy has emerged from many quarters. The metaphysical issue of innate ideas has been raised by such scholars as McRae and Miles, and a close examination of the role of empirical enquiry and methodology in Cartesian science have been undertaken by Clarke, Garber, Buchdahl and Laudan, to mention only a few. These recent reappraisals of the role of experience in Descartes's philosophy have been cast (...) mostly in twentieth-century terms with a specific view to concerns of the present. ;My research centres on an examination of the philosophical works of three Cartesians, Antoine Le Grand, Robert Desgabets, and Pierre-Sylvain Regis. Though they are relatively minor figures in the history of ideas, their defence of Descartes's thesis concerning the free creation of the eternal truths, and their emphasis on the importance of experience, provide a unique opportunity to reevaluate the role of experience in the Cartesian philosophy in terms that are common in the period. ;There was a strongly empirical component in the philosophical doctrines and practices of these seventeenth-century Cartesians. Le Grand's view of truth as created and dependent on the will of God led him to assign experiment and experience the role of "making manifest" the operation of laws in the physical universe. Desgabets rejected innate ideas, and argued that all ideas depend on the operation of the senses. Regis emphasized the immutability and total dependence of truths and essences on the free will of God, and thereby undermined the rationalist foundation for the Cartesian doctrine of essences. ;My goal in this approach to the question of the nature and role of experience in the Cartesian philosophy is to explore the philosophical basis of the empiricist tendencies found in Descartes as developed by three of his disciples. My hope is that my study of Le Grand, Regis, and Desgabets, who are relatively unknown today, will not only serve to place them appropriately within the history of ideas, but will dislodge the common misconception of Cartesianism as having been an inherently rationalist philosophy. (shrink)

In the theory and philosophy of law, war is often considered as a legal remedy. For example, according to H. Kelsen, war is a sanction of international law. These sanctions, like sanctions in national law, consist in the forcible deprivation of life, liberty, and other goods, notably of economic value. In war, human beings are killed, maimed, imprisoned, and national or private property is destroyed. By way of reprisals, national or private property is confiscated and other legal rights are infringed. (...) At the same time, it seems clear that the human experience in conditions such as suffering, pain, and death, has nothing in common with law. The decision of a sovereign state to start a war means a rejection to recognize both the norm of law as well as the generalized Other. Then, despite all the norms and guarantees of international law, the living experience of human beings during war is an experience of lawlessness, because they are harmed and at the same time not even recognized as legal subjects. Therefore, in order to answer the question about whether law is possible during war, we have to clarify in what way law exists outside the traditional norms of law, whether positive or natural. (shrink)

The Belgian Act on Euthanasia came into force on 23 September 2002, making Belgium the second country—after the Netherlands—to decriminalize euthanasia under certain due-care conditions. Since then, Belgian nurses have been increasingly involved in euthanasia care. In this paper, we report a qualitative study based on in-depth interviews with 18 nurses from Flanders (the Dutch-speaking part of Belgium) who have had experience in caring for patients requesting euthanasia since May 2002 (the approval of the Act). We found that the (...) care process for patients requesting euthanasia is a complex and dynamic process, consisting of several stages, starting from the period preceding the euthanasia request and ending with the aftercare stage. When asked after the way in which they experience their involvement in the euthanasia care process, all nurses described it as a grave and difficult process, not only on an organizational and practical level, but also on an emotional level. “Intense” is the dominant feeling experienced by nurses. This is compounded by the presence of other feelings such as great concern and responsibility on the one hand, being content in truly helping the patient to die serenely, and doing everything in one’s power to contribute to this; but also feeling unreal and ambivalent on the other hand, because death is arranged. Nurses feel a discrepancy, because although it is a nice death, which happens in dignity and with respect, it is also an unnatural death. The clinical ethical implications of these findings are discussed. (shrink)

The application of the latest technologies in biology and medicine has brought them to a qualitatively new level of possibilities. Worldwide, biobanking is actively developing through the creation of biobanks of various types and purposes, whose resources are used to solve therapeutic or scientific problems. Legal science remains an open question concerning the boundary that runs between the right to data protection and the scope of disclosure of data needed for medical purposes. In this article, the author considers peculiarities of (...) data processing in the context of biobanking activity on the example of Austria and its national legislation. In addition, the article reveals features of the approaches of the European Court of Human Rights (ECtHR) and the Council of Europe to the issue of biobanking in general, its characteristics in the context of data, and legal regulation of this phenomenon in the national law of states. The author devoted an important part of the study to the role of Austria’s experience in the context of data processing for scientific purposes and the development of biobanking for a number of other European states. The aim of the article is to analyze the Austrian legislation on data processing for scientific research and biobanking, the attitude of the Council of Europe to this phenomenon, and the practice of the ECtHR, as well as to consider the impact of the current world situation on these activities. The leading method of research used in the article is the formal-legal method. The article analyzes the Austrian law in the context of data processing in medical research, the relationship of the specifics of personal data protection, and the need to disclose them for scientific purposes. The author pays special attention to the influence of Austrian law on the legislation of other countries, which is reflected in the conclusions to the article. In addition, based on an analysis of the application of the Austrian experience to the legislation of Poland and Ukraine, the author points out the necessary changes that should be made in the laws of these countries. (shrink)

An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (the (...) words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)