This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

Through a detailed analysis of the various modes of argumentation employed by Aristotle throughout his natural scientific works, I aim to contribute to the growing scholarship on the relation between Aristotle’s theory of science and his actual scientific practice. I challenge the standard reading of Aristotle as a methodological empiricist and show that he permits a variety of non-empirical arguments to support controversial theses in properly scientific contexts. Specifically, I examine his use of logical (logikôs) argumentation in the discussion of (...) mule sterility in Generation of Animals II 8, rational (kata ton logon) argumentation in his discussion of cardiocentrism throughout the biological works, and the method of division in Posterior Analytics II 13. (shrink)

Alternative schools are popular interventions for marginalized students, including students with disabilities, but little research has focused on professionals in these settings. Today, close to 11,000 public alternative schools or programs are believed to exist in the United States education system (Foley & Pang, 2006) and as many as one million students are currently attending alternative learning programs in the United States (Lehr, Tan, & Ysseldyke, 2009). While public alternative schools can vary from one another in many ways, they exist (...) to serve youth marginalized in traditional public settings. In this study, we explore the ways teachers, administrators, and nurses in alternative settings collaborate to support mentally healthy school environments for marginalized student populations. Drawing on the process of rationale development ( Hawley & Crowe, 2016 ; Hawley & Jordan, 2014 ; Shaver, 1977 ; Shaver & Strong, 1982) as rooted in social studies education, we explore the perceived purposes of these professionals as they work with some of the nation's most marginalized children. Through focus groups and one-on-one interviews, the data bridge social studies themes rooted in democracy and equity with special education themes of inclusiveness. This work offers insight into the rationales of teachers and professionals engaged in critical work, and provides a platform for helping professionals undergo the rationale development process. (shrink)

Abstract:This essay explores ways that looming climate change will affect how we think about future winters in New England. By all accounts, by the end of the twenty-first century the depth of the region's winter snow and cold will be much reduced from their historical averages. Drawing upon personal reflection, scientific data, and close readings of iconic New England authors, the essay examines potential future conceptions of the region's winters. I am particularly interested in how the expected warmer winters will (...) demand rereading literary works by iconic figures such as Emily Dickinson, Henry David Thoreau, and Robert Frost. The essay begins with an examination of the role nostalgia has played in popular images of New England winters and argues for a critically informed version of nostalgia that will enable readers to mourn for what they might lose in the future. The concluding section examines the folklore behind the January Thaw. Climate change, I argue, will usher in a period of an ongoing New England thaw to which our poetry and natural history writing will have to adapt. (shrink)

I Venture to take as the subject for our consideration the philosophical study of politics. However imperfect the treatment of such a subject, it seems to me opportune that attention should at this point of time be directed to the question. The study of politics is of increasing importance in the curricula of our universities and in general adult education. There is also the plain fact that we live in times when a deep unrest of spirit and a great variety (...) of experiment challenge ideas and institutions which have received wide acceptance. There has been, in short, a return to politics. It is well that we should consider afresh the value of the study and the methods by which it is studied. (shrink)

Thomas Reed argues that the Christian, if apprised of Plantinga's central claims in Warranted Christian Belief, should be agnostic regarding Christianity's central tenets. Reed models his argument on Plantinga's own argument against naturalism, according to which naturalists have a built-in defeater for their epistemology. Reed bases his argument on the contention that if Christian theism cannot be shown or demonstrated, rational Christians should refrain from believing. Not only does Reed's contention not follow, but he confuses logically possible defeaters with actual (...) defeaters and ignores Plantinga's claims regarding the Aquinas/Calvin model and the proper basicality of belief in God. (shrink)

This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason (...) model lies in their ability to establish weighings between reasons/factors of the same polarity. This permits past cases to constrain future cases in ways they could not on the reason model with just factors. The paper then discusses how dimensions might be established from a case base and how dimensions that are incomplete in various aspects might be dealt with in the theory. It closes with comparisons to other work in the literature on AI and Law and suggestions for further improvement of the reason model. (shrink)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

This article details an interpretive, qualitative interview study that explored rationales developed by seven social studies graduate students, all experiencedteachers, at a large Midwestern university. Interviews revealed three common themes regarding the influence of the rationale development process. The threethemes were: providing structure, connecting purpose and practice, and improving professionalism. The themes demonstrate the complex nature of articulating a sense of purpose, even for experienced teachers. While similar, there were considerable differences in the ways the participants conceptualized their purposes. Untangling (...) these differences has implications for social studies teacher educators interested in integrating rationale development into their work with experienced teachers. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) objections and persuasive accounts of distinguishing. (shrink)

It has been claimed that counterpart theory cannot support a theory of actuality without rendering obviously invalid formulas valid or obviously valid formulas invalid. We argue that these claims are not based on logical flaws of counterpart theory itself, but point to the lack of appropriate devices in first-order logic for “remembering” the values of variables. We formulate a mildly dynamic version of first-order logic with appropriate memory devices and show how to base a version of counterpart theory with actuality (...) on this. This theory is, in special cases, equivalent to modal first-order logic with actuality, and apparently does not suffer from the logical flaws that have been mentioned in the literature. (shrink)

ABSTRACTLegal reasoning is commonly thought of as being based on either rules or analogies. More specifically, there is ongoing debate regarding whether precedential reasoning is best characterized as rule-based or analogical. This article continues that work by comparing recent and representative approaches from each camp, namely, Stevens's analogical model and the “rule-based” model of Horty and Rigoni. In the course of the comparison improvements on each approach are suggested and the improved models serve as the basis for the ultimate (...) evaluation. The evaluation demonstrates that the “best” approach depends on the goals one has in theorizing legal reasoning as well as the jurisprudential assumptions one is willing to make. (shrink)

The purpose of this note is to dispute Michael Ayers' claim that "there is no special problem of subjunctive conditionals".

Extending the dialogue on corporate social performance (CSP) as descriptive stakeholder management (Clarkson, Acad Manage Rev 20: 92, 1995), we examine differences in CSP activity between family and nonfamily firms. We argue that CSP activity can be explained by the firm's identity orientation toward stakeholders (Brickson, Admin Sci Quart 50: 576, 2005; Acad Manage Rev 32: 864, 2007). Specifically, individualistic, relational, or collectivistic identity orientations can describe a firm's level of CSP activity toward certain stakeholders. Family firms, we suggest, adopt (...) a more relational orientation toward their stakeholders than nonfamily firms, and thus engage in higher levels of CSP.Further, we invoke collectivistic identity orientation to argue that the higher the level of family or founder involvement within a family firm, the greater the level of CSP toward specific stakeholders. Using social performance rating data from 1991 to 2005, we find that family and nonfamily firms demonstrate notable differences in terms of social initiatives and social concerns. We also find that the level of family and founder involvement is related to the type and frequency of a family firm's social initiatives and social concerns. (shrink)

Edited by Adam C. Pelser and W. Scott Cleveland * Includes interdisciplinary essays on underexplored issues in virtue formation * Provides fresh perspectives on neglected virtues including honesty, graciousness, intellectual humility, and accountability * Features profound insights from first-rate Christian philosophers in aid of moral and spiritual formation * Advances philosophical, psychological, and theological understanding of virtue formation by drawing on ancient philosophical/theological wisdom and contemporary science -/- The Christian tradition offers a robust and compelling vision of what it (...) is for human life to be lived well. Faith and Virtue Formation articulates various aspects of that vision in ways that will deepen understanding of the virtues and virtue formation. The collection considers the value of studying the vices for moral formation; the importance of emotion and agency in virtue formation; the connections between certain disabilities and virtue; the roles of divine grace, liturgy, worship, and the sanctifying work of the Holy Spirit in Christian virtue formation; the formation of infused virtues, including the theological virtues of faith, hope, and love; the roles of friendship and the communal life of the Church in cultivating virtue; and new philosophical and theological reflections on some largely neglected virtues. Offering an interdisciplinary approach, the contributors draw on philosophical, theological, and biblical wisdom, along with insights from contemporary psychology and rich narrative examples, in aid of becoming good. By providing deeply insightful and edifying reflections on the prospects, processes, and practices of moral and spiritual formation, this volume demonstrates that moral philosophy not only illuminates, but it can also guide and inspire the formation of virtue. (shrink)

A. Tomanek (ed.), Flexicurity w wymiarze regionalnym (województwo podlaskie). Raport z badań, Izba Rzemieślnicza i Przedsiębiorczości w Białymstoku, Białystok 2011.

D. D. Raphael and A. L. Macfie (1976) II An Inquiry into the Nature and Causes of the Wealth of Nations, ed. R. H. Campbell and A. S. Skinner; textual editor W. B. Todd, 2 vols. (1976) III Essays on Philosophical Subjects, ed. W. P. D. Wightman  ...

Attempts to understand farmer conservation behavior based on quantitative socio-demographic, attitude, and awareness variables have been largely inconclusive. In order to understand fully how farmers are making conservation decisions, 32 in-depth interviews were conducted in the Eagle Creek watershed in central Indiana. Coding for environmental attitudes and practice adoption revealed several dominant themes, representing multi-dimensional aspects of environmental attitudes. Farmers who were motivated by off-farm environmental benefits and those who identified responsibilities to others (stewardship) were most likely to adopt conservation (...) practices. Those farmers who focused on the farm as business and were most concerned about profitability were less likely to adopt practices. The notion of environmental stewardship in particular was found to be much more complex than the way it is traditionally measured in quantitative studies. The interplay between on-farm and off-farm benefits to practice adoption is an issue that quantitative studies largely do not address. This study seeks to increase understanding of farmers’ environmental attitudes and the connections to conservation behavior. (shrink)

Given its non-invasive nature, there is increasing interest in the use of transcutaneous vagus nerve stimulation across basic, translational and clinical research. Contemporaneously, tVNS can be achieved by stimulating either the auricular branch or the cervical bundle of the vagus nerve, referred to as transcutaneous auricular vagus nerve stimulation and transcutaneous cervical VNS, respectively. In order to advance the field in a systematic manner, studies using these technologies need to adequately report sufficient methodological detail to enable comparison of results between (...) studies, replication of studies, as well as enhancing study participant safety. We systematically reviewed the existing tVNS literature to evaluate current reporting practices. Based on this review, and consensus among participating authors, we propose a set of minimal reporting items to guide future tVNS studies. The suggested items address specific technical aspects of the device and stimulation parameters. We also cover general recommendations including inclusion and exclusion criteria for participants, outcome parameters and the detailed reporting of side effects. Furthermore, we review strategies used to identify the optimal stimulation parameters for a given research setting and summarize ongoing developments in animal research with potential implications for the application of tVNS in humans. Finally, we discuss the potential of tVNS in future research as well as the associated challenges across several disciplines in research and clinical practice. (shrink)