The study of insight in problem solving and creative thinking has seen an upsurge of interest in the last 30 years. Current theorising concerning insight has taken one of two tacks. The special-process view, which grew out of the Gestalt psychologists’ theorising about insight, proposes that insight is the result of a dedicated set of processes that is activated by the individual's reaching impasse while trying to deal with a problematic situation. In contrast, the business-as-usual view argues that insight is (...) brought about by the same processes that underlie ordinary thinking . Although those two views are typically treated as being in opposition, it has recently been proposed that a complete understanding of insight will require bringing together aspects of both views. The present paper carries that proposal further. Critical analysis of those two viewpoints demonstrates that each has a positive contribution to make to our understanding of insight, but also is.. (shrink)

George P. Fletcher, With Justice for Some: Victims? Rights in Criminal Trials Reading, MA: Addison?Wesley Publishing Co., 1995, xi + 304 pp.

The target article examines the role of practice in the development of excellence in several domains that vary in the degree of innovation involved. The authors do not differentiate domains, but they discuss the development of specifically creative skills only in passing. This commentary presents evidence that practice plays a role in the development of musical composition, through an examination of the careers of Mozart and the Beatles.

It has long been recognized that court trials, both criminal and civil, in the common law system, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under (...) the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment. (shrink)

A central thesis of this paper is that understanding the nature of child maltreatment is so complex that no one disciplinary specialty is likely to be sufficient for the task. Although life history theory is the guiding principle for our analysis, we argue that an evolutionary explanation adds precision by incorporating empirical findings originating from the fields of anthropology; clinical, developmental, and social psychology; and sociology. Although evolutionary accounts of child maltreatment have been largely limited to the role of the (...) coefficient of relatedness, the prospective reproductive value of a child, and the residual reproductive potential of parents, a case is made for expanding this basic application. An explanatory model is presented that describes how ecological conditions as well as parental and child traits interact to influence the degree of parental investment. As shown in the model, these various “marker variables” alter parental perceptions of the benefits and costs associated with child care and promote low-investment parenting, which leads to disrupted family management practices and to a downward-spiraling, self-perpetuating system of coercive family interaction, increased parental rejection of the child, and even lower parental investment. Child maltreatment is the ultimate outcome of this downward trajectory of family relations. (shrink)

Spanish verbs display two past-tense forms, the pret´rito and the imperfecto. We offer an account of the semantics of these forms within a situation semantics, addressing a number of theoretically interesting questions about how to realize a semantics for tense and events in that type of framework. We argue that each of these forms is unambiguous, and that the apparent variety of readings attested for them derives from interaction with other factors in the course of interpretation. The meaning of the (...) imperfecto is constrained to always reflect atelic aktionsart. In addition, it contains a modal element, and a contextually-given accessibility relation over situations constrains the interpretation of the modal in ways that give rise to all the attested readings. The pret´rito is indeterminate with respect to aktionsart, neither telic nor atelic. One or the other aktionsart may be forced by other factors in the clause in which the pret´rito occurs, as well as by pragmatic contrast with the possibility of using the imperfecto. (shrink)

Since its inception in 2010, the Network for Public Health Law has aligned with federal, state, tribal, and local public health practitioners to assess how law can promote and protect the public’s health. In 2013, Network authors illustrated major trends in public health laws and policies emanating from an internal assessment of thousands of requests for technical assistance nationally. More recently, the Robert Wood Johnson Foundation has invited the Network and other partners to consider new ideas and strategies toward building (...) a “culture of health.” Per Figure 1, RWJF’s conception of a culture of health emphasizes key action areas essential to the promotion of health across all sectors and diverse populations. (shrink)

dimension is actually “the typical.”[i] There would seem to be little typical about a world of comatose women, a barely sane, largely delusional male nurse, a woman bullfighter, and a rape that leads to a “rebirth” in a number of senses. But comatose women, the central figures in Almodóvar’s Talk to Her, are, oddly, very familiar in that mythological genre closest to us: fairy tales. Both Snow White and Sleeping Beauty are comatose women who endure, “non-consensually” we must say, a (...) male kiss, male sexual attention. (Siegfried’s awakening kiss of Brunnhilde in the extraordinary third act of Siegfried should also be mentioned.)[ii] Someone apparently must manifest some act of faith, must believe that these corpse-like women are not dead, and believe it strongly enough to kiss them. Then there is a kind of inversion of these fairy tales in Kleist’s story and Roehmer’s film, “Die Marquise von O.” Here the kiss is actually a rape, but the rapist again emerges as some sort of Prince Charming after all (he had originally saved the Marquise from rape by a group of Russian soldiers), and there are echoes of that somewhat disturbing notion of reconciliation as well in the Almodóvar film. (Alicia, after all, does awaken.) In the Kleist story, a woman must place an ad in a newspaper asking her unknown rapist (she was drugged and asleep) and the father of her unborn child to come forward. He does eventually and the story ends with their marriage and with one of the most enigmatic lines in all of literature, as enigmatic, I think, as our complex reactions to Benigno’s act: the Marquise says that she would not have thought her new husband a devil if he had not first appeared as an angel, as if one person can be both devil and angel, that, to the extent that one can be an angel, to that extent he also can be a devil. (shrink)

This is my reply to Josh Weisberg, Robert Van Gulick, and William Seager, published in JCS vol 20, 2013. This symposium grew out of an author-meets-critics session at the Central APA conference in 2013 on my 2012 book THE CONSCIOUSNESS PARADOX (MIT Press). Topics covered include higher-order thought (HOT) theory, my own "wide intrinsicality view," the problem of misrepresentation, targetless HOTs, conceptualism, introspection, and the transitivity principle.

Out of the ferment of recent debates about the intellectual virtues, Roberts and Wood have developed an approach they call 'regulative epistemology'. This is partly a return to classical and medieval traditions, partly in the spirit of Locke's and Descartes's concern for intellectual formation, partly an exploration of connections between epistemology and ethics, and partly an approach that has never been tried before. Standing on the shoulders of recent epistemologists - including William Alston, Alvin Plantinga, Ernest Sosa, and Linda (...) Zagzebski - Roberts and Wood pursue epistemological questions by looking closely and deeply at particular traits of intellectual character such as love of knowledge, intellectual autonomy, intellectual generosity, and intellectual humility. Central to their vision is an account of intellectual goods that includes not just knowledge as properly grounded belief, but understanding and personal acquaintance, acquired and shared through the many social practices of actual intellectual life. This approach to intellectual virtue infuses the discipline of epistemology with new life, and makes it interesting to people outside the circle of professional epistemologists. It is epistemology for the whole intellectual community, as Roberts and Wood carefully sketch the ways in which virtues that would have been categorized earlier as moral make for agents who can better acquire, refine, and communicate important kinds of knowledge. (shrink)

Since the publication of Edmund Gettier's challenge to the traditional epistemological doctrine of knowledge as justified true belief, Roberts and Wood claim that epistemologists lapsed into despondency and are currently open to novel approaches. One such approach is virtue epistemology, which can be divided into virtues as proper functions or epistemic character traits. The authors propose a notion of regulative epistemology, as opposed to a strict analytic epistemology, based on intellectual virtues that function not as rules or even as (...) skills but as habits of the heart. To that end, they divide the task of clarifying and expounding their notion in the book's two parts.In the first part, Roberts and Wood examine various components that constitute their notion of regulative epistemology. The first are the epistemic goods or goals that drive the epistemic process. What is needed, claim Roberts and Wood, is an enriched notion of these goods rather than the restricted notion of justified true belief. Epistemic agents are more than calculating devices in that …. (shrink)

From the ferment of recent debates about the intellectual virtues, Roberts and Wood develop an approach they call 'regulative epistemology', exploring the connection between knowledge and intellectual virtue. In the course of their argument they analyse particular virtues of intellectual life - such as courage, generosity, and humility - in detail.

The existence of “undermining futures” appears to show that a contradiction can be deduced from the conjunction of Humean supervenience about chance and the Principal Principle. A number of strategies for rescuing HS from this problem have been proposed recently. In this paper, a novel way of defending HS from the threat is presented, and it is argued that this defense has advantages not shared by others. In particular, it requires no revisionism about chance, and it is equally available to (...) defenders of HS who hold HS to be necessary and those who hold it to be contingent. (shrink)

Political Constructivism is concerned with the justification of principles of political justice in the face of pluralism. Contemporary accounts of multiculturalism, pluralism and diversity have challenged the capacity of political theory to impartially justify principles of justice beyond the boundaries of particular communities. In this original account, Peri Roberts argues that political constructivism defends a conception of objective and universal principles that set normative limits to justifiable political practice. _Political Constructivism_ explores this understanding in two ways. Firstly, by engaging (...) with constructivist thinkers such as John Rawls and Onora O’Neill in order to lay out a basic understanding of what constructivism is. Secondly, the author goes on to defend a particular account of political constructivism that justifies a universal primary constructivism alongside the many secondary constructions in which we live our everyday lives. In doing so he outlines an understanding of principled pluralism which accepts diversity whilst at the same time recognising its limits. This volume will be of particular interest to students and researchers of political theory and political philosophy. (shrink)

Ethical cultures, corporate social responsibility (CSR), and sustainability strategies are increasingly being addressed through formal organisational policies and structures. This is evidenced by codes of ethics, conduct, whistle-blowing reporting lines, anti-bribery and corruption policies, and broader stakeholder and environmental engagement strategies. In the United States, corporate ethics managers are responsible for these functions, supported by specific professional and university-level qualifications. However, this is not the case in Australia and Asia where the role appears delegated to human resource personnel in organisations. (...) Human resource management (HRM) is increasingly advanced as a formal profession, yet whether corporate ethics content features as a significant component of the HRM profession is unclear. Expert knowledge is a foundation of a profession along with the duty to act within the limits of that knowledge and expertise. This paper scopes what constitutes professional expert knowledge. It examines corporate ethics expertise and HRM within this context. Major Australian and Asian organisations are examined to verify that HRM Departments, and thus HRM practitioners, are responsible for managing corporate ethics. Given the seniority and strategic importance of this function, the content of selected Masters in HRM and related fields are examined to identify the extent of ethics content. This is considered in the light of the expertise required to manage corporate ethics, and conclusions are drawn whether the HRM discipline is appropriately qualified to manage this function. Finally, recommendations and further research towards advancing the role and function of corporate ethics managers in general are proposed. (shrink)

In this article, we focus on the mentoring process, and we argue that the internal and external pressures extant at research universities may create a research culture that may be antithetical to appropriate mentoring. We developed a scale based on motivation theory to determine the perceived research culture in departments and research laboratories, and a mentoring scale to determine approaches to mentoring graduate students. Participants were 610 faculty members across 49 departments at a research oriented university. The findings were that (...) a mastery-oriented research climate and an outcome-oriented research climate were manifested at the university. More importantly, each research climate had its own unique impact on how the faculty approached mentoring graduate students. A mastery research climate was related to a more supportive approach to mentoring than the outcome research climate. We concluded by suggesting that the outcome research climate may have an adverse effect on effective mentoring and on maintaining research ethics. (shrink)

The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of laws -- The measurability approach to laws -- What (...) comes where -- In defense of some received views -- Some assumptions that will be in play -- The laws are propositions -- The laws are true -- The logically contingent consequences of the laws are laws themselves -- At least some laws are metaphysically contingent -- The meta-theoretic conception of laws -- Laws of nature, laws of science, laws of theories -- The first-order conception versus the meta-theoretic conception -- What is a law of nature? -- Some examples of meta-theoretic accounts -- The virtues of the meta-theoretic conception -- Weighing the virtues and shortcomings of the meta-theoretic conception -- An epistemological argument for the meta-theoretic conception of laws -- The discoverability thesis, the governing thesis, and the first-order conception -- The main argument -- The objection from bad company -- The objection from inference to the best explanation -- The objection from bayesianism -- The objection from contextualist epistemology -- The objection from the threat of inductive skepticism -- Laws, governing, and counterfactuals -- Where we are now -- What would things have to be like in order for the laws of nature to govern the universe? -- Lawhood, inevitability, counterfactuals -- What is it for a proposition to be inevitably true? -- What is it for a whole class of propositions to be inevitably true? -- What is it for lawhood to confer inevitability? -- NP and supporting counterfactuals -- The worry about context-variability -- A solution and a look ahead -- When would the laws have been different? -- Where we are now -- The God cases -- Other counterexamples to NP -- A moral-theoretic counterexample to NP -- Scientific contexts and non-scientific contexts -- Scientific God cases? -- Lewisian non-backtracking counterexamples -- Where things stand now -- How could science show that the laws govern? -- Why the law-governed world-picture must include the science-says-so thesis -- What is extra-scientific? -- How can the science-says-so thesis be true? -- NP as a consequence of the presuppositions in any scientific context -- Np as true in all possible scientific contexts -- But how could it be so? -- Attack of the actual-factualists -- Measurement and counterfactuals -- Where we are now -- Measurements, reliability, counterfactuals -- A general principle that captures the relation between measurement and counterfactuals -- What we can learn about lawhood from what we have learned about the counterfactual commitments of science -- A first-order account of laws or a meta-theoretic account of laws? -- What methods are presupposed to be legitimate measurement procedures? -- Why we must adopt a meta-theoretic account of laws -- What lawhood is -- Where we are now -- The measurability account of laws -- Brief review of the case for the mal -- A note about hedged laws -- How plausible is the mal? -- What if we don't care about the law-governed world-picture? -- Newton's God and Laplace's demon -- Beyond humean and non-humean -- Two views of laws -- Humean supervenience and the meta-theoretic conception -- Alleged counterexamples to humean supervenience -- Governing and non-trivial necessity -- How the mal lets us have it all -- Humeanism? non-humeanism? -- What is the significance of the idea of the law-governed universe? -- Where in the world are the laws of nature? -- Appendix: The mal in action : a few examples -- Of scientific theories and their laws -- Newton's theory as a paradigm example -- Classical special-force laws -- Geometrical optics and one of its laws -- Local deterministic field theories. (shrink)

Exponents and critics of semantic presupposition have almost invariably based their discussion on the ('Standard') definition of presupposition implied by Frege and Strawson. In this study Noel Burton-Roberts argues convincingly against this definition, that leads it to a three-valued semantics. He presents a very simple semantic definition which is weaker, more general and leads to a semantics more easily interpreted as two-valued with gaps. The author shows that a wide range of intuitive facts that eluded the Standard definition follow (...) directly from this ('Revised') definition itself: facts about the presuppositions of compound sentences and modal sentences, about presuppositional conflict and about differences in the logical status of simple sentences suffering from presupposition failure. The book includes a detailed argument that an ambiguity of natural language negation, generally assumed to be necessary to the defence of semantic presupposition, is neither possible nor necessary in a presuppositional semantics. Noel Burton-Roberts has made an authoritative contribution to a debate which has involved philosophers and linguists for many years. His command of the issues, his clarity of exposition and his theoretical insight may well serve to change the boundaries of that debate. (shrink)

George Berkeley notoriously claimed that his immaterialist metaphysics was not only consistent with common sense but that it was also integral to its defense. Roberts argues that understanding the basic connection between Berkeley's philosophy and common sense requires that we develop a better understanding of the four principle components of Berkeley's positive metaphysics: The nature of being, the divine language thesis, the active/passive distinction, and the nature of spirits. Roberts begins by focusing on Berkeley's view of the nature (...) of being. He elucidates Berkeley's view on Locke and the Cartesians and by examining Berkeley's views about related concepts such as unity and simplicity. From there he moves on to Berkeley's philosophy of language arguing that scrutiny of the famous "Introduction" to the Principles of Human Knowledge reveals that Berkeley identified the ideational theory of meaning and understanding as the root cause of some of the worst of man's intellectual errors, not "abstract ideas." Abstract ideas are, rather, the most debilitating symptom of this underlying ailment. In place of the ideational theory, Berkeley defends a rudimentary "use theory" of meaning. This understanding of Berkeley's approach to semantics is then applied to the divine language thesis and is shown to have important consequences for Berkeley's pragmatic approach to the ontology of natural objects and for his approach to our knowledge of, and relation to other minds, including God's. Turning next to Berkeley's much aligned account of spirits, the author defends the coherence of Berkeley's view of spirits by way of providing an interpretation of the active/passive distinction as marking a normative distinction and by focusing on the role that divine language plays in letting Berkeley identify the soul with the will. With these four principles of Berkeley's philosophy in hand, he then returns to the topic of common sense and offers a defense of Berkeley's philosophy as built upon and expressive of the deepest metaphysical commitments of mainstream Christianity. Roberts' reappraisal of this important figure should appeal to all historians of philosophy as well as scholars in metaphysics and philosophy of language. (shrink)

The role of the prefrontal cortex is one of the most topical and important areas of research in contemporary neuropsychology. This cortical region appears to be linked with executive processes affecting many diverse areas of cognitive function. Working memory, information processing, behavioural organization, attention, judgement, and the ability to cope with novel experiences are just some of the diverse processes it affects. This book brings together contributions from some of the world's leading researchers on the prefrontal cortex. They discuss the (...) many recent theoretical and technical advances in the field - for example in our understanding of the neural architecture of the prefrontal cortex, in the development of comparable texts of cognition in humans and other primates, in our understanding of the relationships between neuronal activity and behaviour, and in the increasing use of functional neuroimaging to identify different levels of organization within the prefrontal cortex. These important developments make this an ideal time to address the many questions and debates that have arisen about the role and functional organization of this area of the brain. One of the first books to be written on the subject, The Prefrontal Cortex is a state-of-the-art account of our knowledge of this exciting subject. It will be welcomed by all researchers and students in neuro- and cognitive psychology, and neuroscience. (shrink)

Fundamental changes in the world economic system have resulted in a new differentiation, that between centre and periphery, between a global financial market on the one hand and production, services and labour on the other. As modern society has now become financial society, the old distinction between capital and labour has lost its informational value for party politics. The fact that the distinction between centre and periphery cannot be copied into the national political system means that economic policy can no (...) longer be decided through political choice. Politics has the task of coping with the political effects of the global financial market with the result that elections are dependent on the state of the economic cycle. Would a new political alignment involve a centre party of capital and labour against an ecological left and a `law and order' right? (shrink)

ABSTRACT Broome and others have argued that it makes no sense, or at least that it cannot be true, to say that it is better for a given person that he or she exist than not. That argument can be understood to suggest that, likewise, it makes no sense, or at least that it cannot be true, to say that it is worse for a given person that he or she exist than that he or she never have existed at (...) all. This argument is of critical importance to the question of whether consequentialist theory should take a traditional, aggregative form or a less conventional, person‐affecting, or person‐based, form. I believe that, potentially, the argument represents a far more serious threat to the person‐based approach than does, for example, Parfit's two medical programmes example. Parfit's example nicely illustrates the distinction between aggregative and person‐based approaches and raises important questions. But the example — though not, I think, by Parfit — is sometimes pressed into service as a full‐fledged counterexample against the person‐based approach. As such, I argue, the example is not persuasive. In contrast, the Broomeian argument, if correct, is definitive. For that argument relies on certain metaphysical assumptions and various uncontroversial normative claims — and hence nicely avoids putting into play the controversial normative claims that lie at the very heart of the debate. The purpose of the present paper, then, is to evaluate the Broomeian argument. I argue that this potentially definitive challenge to a person‐based approach does not in fact succeed. (shrink)

In contemplating the roles and responsibilities of intellectuals in the 21st century, the notion of ‘difference’ is significant in at least two senses. First, work on the politics of difference allows us to consider the question ‘For whom does the intellectual speak?’ in a fresh light. Second, we can ask: ‘To what extent, and in what ways, might our activities as intellectuals make a difference?’ Thinkers such as Foucault, Kristeva, Lyotard, and Bauman (among many others) are helpful in addressing these (...) questions. This paper sketches some of the key ideas of these thinkers and assesses their relevance for an understanding of intellectual life in contemporary tertiary education institutions. (shrink)

Can we change our logic and if so how? In ‘The Question of Logic’ (this volume), Saul Kripke takes a certain message about this from Lewis Carroll’s famous pape.

Tax compliance is a concern to governments around the world. Prior research (Alm, J. and I. Sanchez: 1995, KYKLOS 48, 3–19) has attributed unexplained inter-country differences in compliance rates to differences in social norms. Economics researchers studying tax compliance in the United States (U.S.) (see for example J. Andreoni et al.: 1998, Journal of Economic Literature 36, 818–860) have called for more attention to social (as opposed to economic) influences on tax compliance. In this study, we extend this prior research (...) by explicitly examining the role of social norms [Cialdini, R. and M. Trost: 1998, The Handbook of Social Psychology (Oxford University Press, New York)] on tax compliance in three different countries. We test our research hypotheses using a hypothetical compliance scenario, which was administered in Australia, Singapore, and the U.S. There were differences in compliance rates and social norms among the three countries. Factor analysis of the social norm questions identified three distinct social norm constructs. Two of these factors were significant in explaining tax compliance behavior. The first and most influential factor was taxpayers’ own personal moral beliefs, along with the beliefs of those close to them (e.g., friends and important others). The second significant factor represented societal views of proper behavior. We conclude that social norms help to explain tax compliance intentions and why tax compliance rates are higher than would be predicted by strictly economic models. (shrink)