I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second, the original meaning of some words in those (...) texts may be substantively objectionable as a result because they fail to capture the relevant experiences of affected people at the time even if they accurately capture the conceptual understanding of reasonable people at the time, and this substantive failing may infect the text’s democratic legitimacy. To the extent that it can be overcome, overcoming this epistemic problem will require originalists to take seriously the insights of critical theory, understood in this Note as a normative inquiry into the historical context of the language and meaning of statutory text. Because originalists are already committed to a nominally descriptive inquiry into this context, and because this nominally descriptive inquiry masks the inherently normative aspects of the hermeneutical landscape, the switch to an explicitly normative inquiry may prove quite painless. (shrink)

Over time, according to popular and academic accounts, alternative trade initiatives [such as fair trade, organics, forest certification, and socially responsible investing ] almost invariably lose their oppositional stance and go mainstream. That is, they lose their alternative, usually peripheral, and often contrarian character. In this paper, I argue that this is not always the case and that the path to going mainstream is not always an unproblematic one. I observe that while scholars have documented various aspects of specific alternative (...) trade initiatives, little comparative work has been done to theorize their different trajectories. To advance the scholarship, I compare two alternative trade movements, fair trade and SRI, and develop three hypotheses—the relation motivations hypothesis, the material interests hypothesis, and the organization of credibility hypothesis—that explain why going mainstream has been so hotly contested in the fair trade movement but not the SRI movement. I articulate these hypotheses and evaluate their merits. (shrink)

This paper uses argumentation tools such as argument diagrams and argumentation schemes to analyze four examples of argument from analogy, and argues that to proceed from there to evaluating these arguments, features of the context of dialogue need to be taken into account. The evidence drawn from these examples is taken to support a pragmatic approach to studying argument from analogy, meaning that identifying the logical form of the argument by building an argument diagram of the premises and conclusion is (...) not by itself sufficient for argument evaluation. To get further, it is argued, the argument evaluator needs to take into account how this particular argument was used in context to support a conversational goal.Cet article utilise des outils d'argumentation tels que des diagrammes d'argument et des schèmes d'argumentation pour analyser trois exemples d'argument par analogie, et soutient que pour évaluer ces arguments de manière adéquate, il est nécessaire de tenir compte du contexte d'utilisation de l'argument. Ces exemples suggèrent que l’étude des arguments par analogie à partir de seulement l’identification de leur forme logique n'est pas adéquate. Pour aller plus loin, on avance que l'analyste d'argument doit prendre en compte comment un argument particulier a été utilisé dans un contexte pour soutenir un but conversationnel. (shrink)

In their effort to emphasize the positive role of nature in our lives, environmental thinkers have tended to downplay or even to ignore the negative aspects of our experience with nature and, even when acknowledging them, have had little to offer by way of psychologically and spiritually productive ways of dealing with them. The idea that the experience of value begins with the experience of existential shame—arising from awareness of the limitations that define the self—needs to be explored. The primary (...) purpose of the “technologies of the imagination”—myth, symbol, ritual and the arts—is to provide a passage through this shame to the experience of values such as community, meaning, beauty, and the sacred and, through these experiences, to inscribe them into conscience. The implications of this idea for environmental thinking and practice can be explored in two areas involving strong engagement with nature: ecological restoration and the production and eating of food. An environmentalism that fails to provide productive ways of dealing with existential shame may well prove inadequate to the task of providing means for achieving a healthy, sustain­able relationship between humans and the rest of nature. (shrink)

What are Eric Mullis’s contributions to a pragmatist philosophy of dance? First, the work brings attention to aspects of dance in regional and religious contexts and to a selection of religious dance practices not typically addressed in the literature of dance philosophy, thus adding to the current scope of dance studies. This book’s main strength with respect to pragmatist philosophies is its efforts to apply existing theories of pragmatism to aspects of dance in a particular regional setting. This task is (...) accomplished with three aspects of the research: ecological study of Pentecostal dance, pragmatism in a selection of its manifestations with connections to philosophies of dance, and performance. In the final chapter, the scope is broadened with summary references to alternative theories of dance philosophy and their interdisciplinary relations to dance studies using pragmatist philosophies. The remainder of this essay examines selection of past and current studies that inform the state of dance philosophy with the aim of gathering a broader perspective on the state of dance philosophy. While there is no established long-term tradition of dance philosophy, a generation of twentieth-century scholars—Cohen, Arnheim, Sparshott, Goodman, Van Camp, Banes, Carroll, McFee, Foster, and Fraleigh, among others—has advanced recent philosophical discussion of dance. Joining these are contemporary writers on philosophy of dance, such as Anna Pakes. (shrink)

In previous articles, the author proposed that paintings can have syntactic rules. In this article he develops his proposal further and shows that shapes act as syntactic elements in the languages of painting styles. He meets Nelson Goodman's objections to his proposal by showing that shapes meet the criterion of syntactic discreteness proposed by the latter to separate linguistic from other symbolic systems. His approach is to specify style as the domain of a language of painting, to show that style (...) is syntactical and to argue that shapes are the primitive syntactic elements of style. His essay relates current research on the development of syntax for picture-reading machines to the question of syntax for paintings. (shrink)

This book has been written in the hopes of equipping teachers-in-training—that is, teacher candidates—with the skills needed for action research: a process that leads to focused, effective, and responsive strategies that help students succeed.

Trent Dougherty argues (contra Jonathan Matheson) that when taking into consideration the probabilities involving skeptical theism (ST) and gratuitous evils, an agent may reasonably affirm both ST and that gratuitous evils exist. In other words, Dougherty thinks that assigning a greater than .5 probability to ST is insufficient to defeat the commonsense problem of evil. I argue that Dougherty’s response assumes, incorrectly, that ST functions solely as an evidential defeater, and that, when understood as a closure of inquiry defeater, ST (...) may still defeat reasonable belief in gratuitous evils, even in the face of strong evidence that gratuitous evils exist. (shrink)

ABSTRACT:Corporate governance scholarship focuses on executive malfeasance, specifically its antecedents and consequences. Academic efforts primarily focus on prevention while practitioners are often left to hold firms and executives (including directors) accountable through a variety of sanctions. Even so, executive malfeasance still occurs even in the face of the vast resources used to monitor, control, and penalize firms and executives. In this paper, we posit equity markets do not adequately penalize firms for inaccurate earnings reports. Using a sample of 129 firms (...) identified by the U.S. General Accounting Office for reporting fraudulent earnings in 10K filings, we found support for our assertion. Consequently, the one party who may benefit but escape accountability is firm shareholders. Moreover, we find little empirical evidence that the subset of firms sanctioned by the SEC is penalized more heavily than the full sample by markets at the time they report and correct their 10K filings. Our results raise serious questions whether such managerial opportunism can be eradicated given the apparent lack of consequences in equity markets for investors. We also question whether the SEC is able to discern between fraud and error in financial reporting and its implications. (shrink)

Functional diversity holds the promise of understanding ecosystems in ways unattainable by taxonomic diversity studies. Underlying this promise is the intuition that investigating the diversity of what organisms actually do—i.e. their functional traits—within ecosystems will generate more reliable insights into the ways these ecosystems behave, compared to considering only species diversity. But this promise also rests on several conceptual and methodological—i.e. epistemic—assumptions that cut across various theories and domains of ecology. These assumptions should be clearly addressed, notably for the sake (...) of an effective comparison and integration across domains, and for assessing whether or not to use functional diversity approaches for developing ecological management strategies. The objective of this contribution is to identify and critically analyze the most salient of these assumptions. To this aim, we provide an “epistemic roadmap” that pinpoints these assumptions along a set of historical, conceptual, empirical, theoretical, and normative dimensions. (shrink)

This article argues that correctional institutions violate the Eighth Amendment when they refuse to establish MAT programs and prevent doctors from exercising medical judgment to properly treat incarcerated people with OUD.

In noise we hear the possibility of a signal, indeed different signals, and in the multiplicity of signals we hear noise. With variation and selection comes dynamic evolution, a contingent state, one that could be otherwise. The term ‘polemogenous’ (from the French, polémogène) means that which generates polemics. And polemics are creative. If everyone, every system, were to reason in the same way, there would be silence. Every remark would be redundant, having no informational value. Thus noise is not bad. (...) The essence of finance economics, like all that is social in nature, is a forming of meaning. Whatever cannot be formed meaningfully is not available to the system. This unavailability, as ‘noise’, is the dynamic difference (noise/information) that scintillates the system. Information, like morality, is polemogenous – it stirs contention. Without noise and the possibility of its conversion to information there would be no opportunities to exploit. This paper applies a systems theoretical understanding of observation to conceive of finance economics as the economy’s means of observing its noise and capitalizing on that polemic. Niklas Luhmann’s method is utilized to explicate some ideas on noise by financial economist Fischer Black, who suggests the incomprehensible is computable. This is finance. The fact that logical grounds, absolute deductions, and clear calculations are claimed to be rare in finance is no barrier to understanding it. Rather, this polyphonic and polemogenous information-selection is the ‘ground’ of finance, not as totalizing logic, but as different difference-production for the sake of deriving economic opportunity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Phenomenological Interviews and Tourette'sThe authors report no conflicts of interest.We appreciate the responses from the two clinicians, Efron and Mathieson. We agree with their reminder about the holistic nature of clinician's engagement (mood, sociality, and work life) and with their emphasis on patient-reported outcome measures, although this is not quite what we did in our interviews. As has recently been recognized in section 24 of the Victorian Mental Health (...) and Well-being Act (to provide a local Australian example), patients and caregivers' "lived experience makes them valuable leaders and active partners in the mental health and wellbeing service system."1In this paper, however, our aim was both more modest and immodest: modest, in that we aimed to work with those "leaders and active partners" to generate a more adequate account of lived experience in concert with behavioral symptomatology; immodest, in that we wondered how the lived experience of Tourette syndrome (TS) aligned (or not) with some of the commonly ascribed features of the condition. Although phenomenology as a discipline does not own lived experience, of course, it is more systematically treated in this tradition, starting with elaborations of Erlebnis.Efron and Mathieson note that older patients are more likely to describe urges or premonitory urges (PUs). This raises the priming question: Has greater exposure to and involvement in medical concepts and treatments transformed the nature of their self-report, or has it provided them with more phenomenological skills, enabling them to pick out discrete parts of experience? Or perhaps they have just been exposed more frequently to the experience over time? We address some related issues below, in our reply to Fernandez, where we outline our interview techniques more fully.They end by noting that the aim of comprehensive behavioral intervention for tics is to become attentive to PUs to better block tics. This is complex and understudied. In principle, becoming aware of something cognitively and experientially can foreground or even perhaps induce that experience. Conversely, from the TS scholarship, we know that attending to urges in certain ways (e.g., via acceptance training) can also reduce perceived urge frequency and intensity (see Gev et al., 2016). We would welcome further work on this link between attention and experience in TS. [End Page 49]Response to FernandezBecause our paper was partly framed around Fernandez' own work on phenomenological psychopathology, we welcome his invitation to provide further "inspiration and guidance" for other phenomenological researchers conducting empirical studies, who may also be dealing with the challenge posed by "narrative habits." When an interviewee uses well-worn medicalized terms to describe their experience, it is not clear whether these descriptions genuinely reveal or rather occlude the experience in question. There are sometimes, perhaps often, second-person phenomenological 'tells' regarding interviewees genuinely re-evoking an experience, but for interviewers it still raises the question of how to prompt alternative and potentially more accurate descriptions of experience.Because of this challenge, we purposely did not use the term "urge" or "premonitory urge" (PU) in our interview questions. Instead, we asked about (and used the broader term of) "experiences" that may occur prior, during, or after ticcing, without assuming that there are such experiences in the first place. We guided interviewees to evoke the memory of a specific, singular tic event (a tic token; see Curtis-Wendlandt 2020, 2023). Once a memory of such an event had been identified, we asked interviewees the following three lead questions:1. What, if anything, did you experience during this tic?2. What, if anything, did you experience before this tic?3. What, if anything did you experience after this tic?The temporal framing of these questions counters common trends and assumptions in the scholarship, which has focused heavily on pre-tic experiences, with little attention given to post-tic experiences (reduced to notions of "relief" and barely investigated), and even less to experiential explorations of the tic itself. Our catalogue of supporting questions sought to elicit fine-grained descriptions of evoked/recalled experiences along sensory and cognitive-affective dimensions:•. Did you see anything before, during, or after this tic? If so, what did you see?•. Did you hear anything... (shrink)

Curt Verschoor on Ethics is a compilation of the best business ethics columns that will continue for years forward to be of lasting educational value. In a company setting, the columns can function as the basis for discussion on proper business ethics. In academia, the columns can serve as assigned readings over significant ethics events and issues. Some topics that are covered in the columns include: value of a strong ethical culture, studies of ethical and unethical culture, public and management (...) accounting ethics, ethics of executive compensation, international ethics standards, fraud case studies, small organization fraud studies, regulation and enforcement, whistleblowing, sustainability and integrated reporting, tax avoidance issues, students. (shrink)

Most scholars think of David Hilbert's program as the most demanding and ideologically motivated attempt to provide a foundation for mathematics, and because they see technical obstacles in the way of realizing the program's goals, they regard it as a failure. Against this view, Curtis Franks argues that Hilbert's deepest and most central insight was that mathematical techniques and practices do not need grounding in any philosophical principles. He weaves together an original historical account, philosophical analysis, and his own (...) development of the meta-mathematics of weak systems of arithmetic to show that the true philosophical significance of Hilbert's program is that it makes the autonomy of mathematics evident. The result is a vision of the early history of modern logic that highlights the rich interaction between its conceptual problems and technical development. (shrink)

Human interaction and communication involve space in multiple ways. This paper examines the spatial and interactional order of a covertly video-taped police interrogation. When the participants enter the interrogation room and become engaged in the interrogation process, the room itself is a constraint and a resource for interaction. While interacting within a built environment, the participants appropriate their material surroundings in ways that constitute a spatial order and make possible certain arguments. This paper examines how the physical structure of the (...) interrogation room is differentially appropriated, used, and filled in by the participants''; territorial and postural manoeuvers over the course of their interaction; and how the spatial structures thus created by the bodily appropriation of the physical locale are subsequently formulated by talk and thereby used as a metaphorical resource to frame the participants'' situated experience. Through this embedded process, the interrogators move the suspect toward confession. (shrink)

In the noble tradition of Jaron Lanier's You Are Not a Gadget (Penguin, 2011), Curtis White's We, Robots takes the radical position that maybe we shouldn't cede every bit of control, humanity, and decision making to technology, and that the techno-futurists in our mix have things dangerously backwards. What a notion! In this sharply argued and rousing book, White not only attacks the technology-loving establishment, but offers a beautiful and essential alternative.

This study expands the application of deonance theory into organizations’ upper echelons by examining how CEOs imprinted with a sense of duty can influence managerial decision-making. We hypothesize an imprint of bounded autonomy, an ought-force that constrains their decision-making and understanding of behavioral freedom, influences duty-bound CEOs to self-report errors in past financial reporting. We test deonance theory propositions of instrumentality for behavioral expansion, namely loss avoidance and gain attainment, related to institutional ownership concentration and CEO equity ownership. We use (...) CEOs that are graduates of U.S. service academies as a proxy for duty-bound executives and find firms they lead are more likely to issue a financial restatement to correct a previous reporting error. This finding is robust to alternate explanations such as being error-prone, earnings management, auditor oversight, and risk behaviors. We also find evidence that deonance may be subject to behavioral expansion. The likelihood of issuing a restatement decreases as institutional ownership concentration and CEO equity ownership increases. This study shows imprinted deonance within the C-suite influences important organizational outcomes. (shrink)

Heidegger and East-Asian thought have traditionally been strongly correlated. However, although still largely unrecognized, significant differences between the political and metaphysical stance of Heidegger and his perceived counterparts in East-Asia most certainly exist. One of the most dramatic discontinuities between East-Asian thought and Heidegger is revealed through an investigation of Kitarō Nishida’s own vigorous criticism of Heidegger. Ironically, more than one study of Heidegger and East-Asian thought has submitted that Nishida is that representative of East-Asian thought whose philosophy most closely (...) resembles Heideggerian thought. In words that then and now resound discordantly within the enshrined, established view of Heidegger’s relationship to East-Asian thought, Nishida stated uninhibitedly his own view of Heidegger in the noteworthy statement: “Heidegger is not worth your time… He…does not recognize that which is indispensible and decisive, namely, God.” This present study lays out for the first time in English, the significant differences between the metaphysical and political stances of Nishida and Heidegger, Nishida’s own critique of Heidegger, and Heidegger’s own rather dismal assessment of non-Western philosophy, all of which demonstrate a remarkable, hitherto unrecognized discontinuity between Heidegger and East-Asian thought. (shrink)

For evolutionary biologists, the concept of chance has always played a significant role in the formation of evolutionary theory. As far back as Greek antiquity, chance and "luck" were key factors in understanding the natural world. Chance is not just an important concept; it is an entire way of thinking about nature. And as Curtis Johnson shows, it is also one of the key ideas that separates Charles Darwin from other systematic biologists of his time. Studying the concept of (...) chance in Darwin's writing reveals core ideas in his theory of evolution, as well as his reflections on design, purpose, and randomness in nature's progression over the course of history.In Darwin's Dice: The Idea of Chance in the Thought of Charles Darwin, Curtis Johnson examines Darwin's early notebooks, his collected correspondence, and most of his published writing to trace the evolution of his ideas about chance in evolution. This proved to be one of Darwin's most controversial ideas among his reading public, so much so that it drew hostile reactions even from Darwin's scientific friends, not to mention the more general reader. The firestorm of criticism forced Darwin to forge a retreat, not in terms of removing chance from his theory--his commitment to it was unshakable--but in terms of how he chose to present his theory. Briefly, by changing his wording and by introducing metaphors and images, Darwin succeeded in making his ideas seem less threatening than before without actually changing his views. Randomness remained a focal point for Darwin throughout his life. Through the lens of randomness, Johnson reveals implications of Darwin's views for religion, free will, and moral theory. Darwin's Dice presents a new way to look at Darwinist thought and the writings of Charles Darwin. (shrink)

It has become apparent that the debate between scientific realists and constructive empiricists has come to a stalemate. Neither view can reasonably claim to be the most rational philosophy of science, exclusively capable of making sense of all scientific activities. On one prominent analysis of the situation, whether we accept a realist or an anti-realist account of science actually seems to depend on which values we antecedently accept, rather than our commitment to “rationality” per se. Accordingly, several philosophers have attempted (...) to argue in favour of scientific realism or constructive empiricism by showing that one set of values is exclusively best, for anyone and everyone, and that the downstream choice of the philosophy of science which best serves those values is therefore best, for anyone and everyone. These efforts, however, seem to have failed. In response, I suggest that philosophers of science should suspend the effort to determine which philosophy of science is best for everyone, and instead begin investigating which philosophy of science is best for specific people, with specific values, in specific contexts. I illustrate how this might be done by briefly sketching a single case study from the history of science, which seems to show that different philosophies of science are better at motivating different forms of scientific practice. (shrink)

A number of studies have tested the relationship between a corporation's social and ethical performance and its financial performance. In contrast, this is the first study to demonstrate a link between overall financial performance and an emphasis on ethics as an aspect of corporate governance. It identifies the 26.8 percent of the 500 largest U.S. public corporations that, in their annual report to shareholders, commit to ethical behavior toward their stakeholders or emphasize compliance with their code of conduct. The financial (...) performance of these corporations ranks higher than that of those who do not at a significance level of p = < 0.005, using the 1997 Business Week ranking which averages eight publicly-reported measures of historical financial performance. These findings should motivate more corporations to utilize the principles of Social and Ethical Accounting, Auditing and Reporting (SEAAR). (shrink)

Attempts to articulate the real meaning or ultimate significance of a famous theorem comprise a major vein of philosophical writing about mathematics. The subfield of mathematical logic has supplie...

Curtis W. Freeman; The Catholic Witness in a Post-Christendom Era, Christian bioethics: Non-Ecumenical Studies in Medical Morality, Volume 7, Issue 2, 1 January.

Acclaimed cultural critic Curtis White examines current fissures in Western Buddhism and argues against the growth of scientific and corporate dharma, particularly in Stephen Batchelor's Secular Buddhist movement. In Transcendent, celebrated cultural critic Curtis White, asks what Buddhism will look like in the future. Do we want a secular Buddhism that looks like corporations and neuroscience? Or do we want a Buddhism that still provides refuge from the debased world of money and things? Transcendence is not about magic (...) realms where spirits fly about; the world is, as Shunryu Suzuki put it, its own magic. We only need to reclaim it and reclaim our humanity while we’re at it. The problem White suggests is a culture that recognizes only "things," capitalist things and science things, and aggressively denies the idea that the world of things has a beyond. We're told by science ideologues like the New Atheists that we live in a secular age and that philosophy is dead, and art is only an amusement, and transcendence is not wanted because science can provide all the wonder and beauty we need. Transcendent is a call for the re-enchantment not only of Buddhism but also of our Western art traditions. White recalls the risks and the raptures of the English Romantics, Beat poets, and the children of the counterculture, all in the name of a living world, and in defiance of our current world of climate catastrophe, contagious disease, and social collapse. (shrink)

The confounding effects of heterogeneity in biological psychiatry and psychiatric genetics have been widely discussed in the literature. We suggest an approach in which heterogeneity may be put to use in hypothesis testing, and may find application in evaluation of the Crespi & Badcock (C&B) imprinting hypothesis. Here we consider three potential sources of etiologic subtypes for analysis.

The target article by Charney on behavior genetics/genomics discusses how numerous molecular factors can inform heritability estimations and genetic association studies. These factors find application in the search for genes for behavioral phenotypes, including neuropsychiatric disorders. We elaborate upon how single causal factors can generate multiple phenotypes, and discuss how multiple causal factors may converge on common neurodevelopmental mechanisms.