Argument mapping is a way of diagramming the logical structure of an argument to explicitly and concisely represent reasoning. The use of argument mapping in critical thinking instruction has increased dramatically in recent decades. This paper overviews the innovation and provides a procedural approach for new teaches wanting to use argument mapping in the classroom. A brief history of argument mapping is provided at the end of this paper.
I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)
Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door (...) or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make? (shrink)
In the early 1970s, we and others in the economics profession became enamored with the notion of externalties—a cost or benefit imposed on or provided to others but not taken into account by the economic agents who generate the effect. We, and others, seemed to see external effects everywhere. There was polluted water and air, noise, urban blight, traffic congestion, and other features of modern life that seemed to call out for some form of corrective action. As the externalities revolution (...) unfolded, economists and other social scientists overlooked the importance of evolved legal and other institutions that formally and informally establish property and liability rules that cause decision makers to face the cost of their actions, including what otherwise could be external costs imposed on unwilling third parties. While markets seemed always to fail, political institutions were seen systematically as without blemish, or so it seemed. It was this two-pronged failure, 1) a failure to consider and state assumptions about background institutional arrangements and 2) a disregard for special interest politics, that became the Achilles Heel of the otherwise elegant externality arguments. Eventually, it was the modern institutionalists, scholars who focused on laws, regulation, and rules of the marketplace, who attempted to close the lid and drive the nails on the externality coffin. In this paper, we reach back to 1920 and trace the rise and decline of the policy importance of externalities theory. Beginning with A. C. Pigou and Alfred Marshall, our story includes some of the great figures in economic history of thought. But while theory was being built, institutions were overlooked. Pigou continues to be a dominant player in the story until the 1960s and 1970s when externalities theory was challenged by James M. Buchanan, Ronald Coase and other scholars. It is here in the twilight years of the externalities revolution that the prospects of government failure are raised as being more daunting than the likelihood of market failure. Finally, in the late 1970s and beyond, the externalities revolution is replaced by a property rights revolution. (shrink)
In the World Library of Educationalists series, international scholars compile career-long selections of what they judge to be among their finest pieces so the world has access to them in a single manageable volume. Readers are able to follow the themes and strands and see how their work contributes to the development of the field. Over more than three decades, Professor Ronald Barnett has acquired a distinctive position as a leading philosopher of the university and higher education, and this (...) volume brings together 15 of his key writings, particularly papers from leading journals. This volume also includes, as his introductory chapter, an intellectual autobiography, in which Professor Barnett recounts the history of his scholarship and writing, traces its development across five stages, and identifies the themes and sources of inspiration that lie within his corpus of work. Ronald Barnett has described his corpus of work as a social philosophy of the university that is at once conceptual, critical, practical and imaginative. His concepts of criticality, critical interdisciplinarity, supercomplexity and the ecological university have been taken up in the literature across the world. Through telling examples, and with an incisive clarity of writing, Ronald Barnett's scholarship has helped to illuminate in fresh ways and reorient practices in the university and in higher education. The chapters in this volume reveal all of these qualities so making this volume a compelling overview of a passionate and yet constructive critic of the university. (shrink)
Dimensions of the ethical work climate, as conceptualized by Victor and Cullen (1988), are potentially important influences on individual ethical decision-making in the organizational context. The present study examined the direct and indirect effects of individuals' perceptions of work climate on their ethical judgments and behavioral intentions regarding an ethical dilemma. A national sample of marketers was surveyed in a scenario-based research study. The results indicated that, although perceived climate dimensions did not have a direct effect on behavioral intentions, there (...) were significant moderating effects. Climates perceived as emphasizing social responsibility and rules/codes moderated the individual ethical judgment-behavioral intentions relationship such that individuals were less likely to say that they would engage in a questionable selling practice even when they themselves did not believe the practice to be unethical. Respondents were somewhat more likely to form intentions consistent with their judgment that the questionable practice was morally acceptable when the ethical climate was characterized by an emphasis on team/friendship. (shrink)
The ‘Ashley treatment’ has raised much ethical controversy. This article starts from the observation that this debate suffers from a lack of careful philosophical analysis which is essential for an ethical assessment. I focus on two central arguments in the debate, namely an argument defending the treatment based on quality of life and an argument against the treatment based on dignity and rights. My analysis raises doubts as to whether these arguments, as they stand in the debate, are philosophically (...) robust. I reconstruct what form good arguments for and against the treatment should take and which assumptions are needed to defend the according positions. Concerning quality of life, I argue that to make a discussion about quality of life possible, it needs to be clear which particular conception of the good life is employed. This has not been sufficiently clear in the debate. I fill this lacuna. Regarding rights and dignity, I show that there is a remarkable absence of references to general philosophical theories of rights and dignity in the debate about the Ashley treatment. Consequently, this argument against the treatment is not sufficiently developed. I clarify how such an argument should proceed. Such a detailed analysis of arguments is necessary to clear up some confusions and ambiguities in the debate and to shed light on the dilemma that caretakers of severely disabled children face. (shrink)
Ashley J. Bohrer argues that it is only by considering race, gender, sexuality, and ability within the structures of capitalism and imperialism that we can understand power relations. Bohrer explains how the purported incompatibilities between Marxism and intersectionality arise more from miscommunication than a fundamental conceptual antagonism.
In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.
Should we believe our controversial philosophical views? Recently, several authors have argued from broadly conciliationist premises that we should not. If they are right, we philosophers face a dilemma: If we believe our views, we are irrational. If we do not, we are not sincere in holding them. This paper offers a way out, proposing an attitude we can rationally take toward our views that can support sincerity of the appropriate sort. We should arrive at our views via a certain (...) sort of ‘insulated’ reasoning – that is, reasoning that involves setting aside certain higher-order worries, such as those provided by disagreement – when we investigate philosophical questions. (shrink)
This book investigates the writings and works of the AmericanExpressionist artist Barnett Newman in light of ideas articulated by one of Germany’s most important and influential philosophers: Martin Heidegger. At the intersection of art history and philosophy, an interdisciplinary approach is proposed whereby the motivations underlying Newman’s artistic production, and the specific meanings of his paintings, become more amenable to reading and elucidation.
For more than a decade, the United States has been fighting wars so far from the public eye as to risk being forgotten, the struggles and sacrifices of its volunteer soldiers almost ignored. Photographer and writer Ashley Gilbertson has been working to prevent that. His dramatic photographs of the Iraq war for the New York Times and his book Whiskey Tango Foxtrot took readers into the mayhem of Baghdad, Ramadi, Samarra, and Fallujah. But with Bedrooms of the Fallen, Gilbertson (...) reminds us that the wars in Afghanistan and Iraq have also reached deep into homes far from the noise of battle, down quiet streets and country roads—the homes of family and friends who bear their grief out of view. The book’s wide-format black-and-white images depict the bedrooms of forty fallen soldiers—the equivalent of a single platoon—from the United States, Canada, and several European nations. Left intact by families of the deceased, the bedrooms are a heartbreaking reminder of lives cut short: we see high school diplomas and pictures from prom, sports medals and souvenirs, and markers of the idealism that carried them to war, like images of the Twin Towers and Osama Bin Laden. A moving essay by Gilbertson describes his encounters with the families who preserve these private memorials to their loved ones, and shares what he has learned from them about war and loss. Bedrooms of the Fallen is a masterpiece of documentary photography, and an unforgettable reckoning with the human cost of war. (shrink)
The story of Ashley, a nine-year-old from Seattle, has caused a good deal of controversy since it appeared in the Los Angeles Times on January 3, 2007.1 Ashley was born with a condition called static encephalopathy, a severe brain impairment that leaves her unable to walk, talk, eat, sit up, or roll over. According to her doctors, Ashley has reached, and will remain at, the developmental level of a three-month-old.
The case of Ashley X involved a young girl with profound and permanent developmental disability who underwent growth attenuation using high-dose estrogen, a hysterectomy, and surgical removal of her breast buds. Many individuals and groups have been critical of the decisions made by Ashley's parents, physicians, and the hospital ethics committee that supported the decision. While some of the opposition has been grounded in distorted facts and misunderstandings, others have raised important concerns. The purpose of this paper is (...) to provide a brief review of the case and the issues it raised, then address 25 distinct substantive arguments that have been proposed as reasons that Ashley's treatment might be unethical. We conclude that while some important concerns have been raised, the weight of these concerns is not sufficient to consider the interventions used in Ashley's case to be contrary to her best interests, nor are they sufficient to preclude similar use of these interventions in the future for carefully selected patients who might also benefit from them. (shrink)
The “scientiﬁc essentialist” doctrine asserts that the following are examples of a posteriori necessary identities: water is H2O; gold is the element with atomic number 79; and heat is the motion of molecules. Evidence in support of this assertion, however, is difﬁcult to ﬁnd. Both Hilary Putnam and Saul Kripke have argued convincingly for the existence of a posteriori necessities. Furthermore, Kripke has argued for the existence of a posteriori necessary identities in regard to a particular class of statements involving (...) proper names. Neither Kripke nor Putnam, however, has argued convincingly that sentences containing syntactically complex terms or descriptive phrases can express a posteriori necessary identities. I will argue by way of a hypothetical example that ‘water is H2O’ does not express a necessary identity. My argument is unique in that it attacks the relevant sufﬁciency claim needed to underwrite this putative necessary identity.1 That is, even if we grant that water is necessarily composed of H2O, we should not accept that H2O necessarily forms water. (shrink)
Although the condition known as synaesthesia is currently undergoing a scientific resurgence, to date the literature has largely focused on the heterogeneous nature of synaesthesia across individuals. In order to provide a better understanding of synaesthesia, however, general characteristics need to be investigated. Synaesthetic experiences are often described as occurring ‘internally’ or in the ‘mind’s eye’, which is remarkably similar to how we would describe our experience of visual mental imagery. We assessed the role of visual imagery in synaesthesia by (...) sampling a large group of synaesthetes and found that they report experiencing more vivid mental images than controls. These findings have important implications for our general understanding of synaesthesia and, in particular, emphasize the need to control for visual imagery in behavioural and neuroimaging paradigms. (shrink)
According to the powerful qualities view, properties are both powerful and qualitative. Indeed, on this view the powerfulness of a property is identical to its qualitativity. Proponents claim that this view provides an attractive alternative to both the view that properties are pure powers and the view that they are pure qualities. It remains unclear, however, whether the claimed identity between powerfulness and qualitativity can be made coherent in a way that allows the powerful qualities view to constitute this sort (...) of alternative. I argue here that this can be done, given a particular conception of both the qualitativity and powerfulness of properties. On this conception, a property is qualitative just in the sense that its essence is fixed independently of any distinct properties, and it is powerful just if its essence grounds its dispositional role. (shrink)
What does the development of a truly robust contemporary theory of domination require? Ashley J. Bohrer argues that it is only by considering all of the dimensions of race, gender, sexuality, and class within the structures of capitalism and imperialism that we can understand power relations as we find them nowadays. Bohrer explains how many of the purported incompatibilities between Marxism and intersectionality arise more from miscommunication rather than a fundamental conceptual antagonism. As the first monograph entirely devoted to (...) this issue, »Marxism and Intersectionality« serves as a tool to activists and academics working against multiple systems of domination, exploitation, and oppression. (shrink)
Challenging the formalist critical legacy of Clement Greenberg and Michael Fried, this essay advocates an alternative philosophical lineage for Modernist painting through a specific focus on Barnett Newman's vertical stripe or ‘zip’. This genealogy is rooted in Newman's own self-confessed interest in painting as a disclosure of the sensation of time and Deleuze's overt break with Kant. In light of the latter, the zip takes on the function of Deleuze's Figure: the material support that generates, sustains and also disperses (...) a precise sensation. (shrink)
By attending to how people speak about their gender, we can find diverse answers to the question of what it is like to have a gender identity. To some, it is little more than having a body whereas others may report it as more attitudinal or dispositional—seemingly contradictory views. In this paper, I seek to reconcile these disparate answers by developing a theory of how individual gender identity comes about. In the simplest possible terms, I propose that gender identity is (...) how we make sense of our gender subjectivity, the totality of our gendered experiences of ourselves. Gender identity is constituted by gender subjectivity, but this constitutive relationship is underdetermined. While gender subjectivity may narrow the range of inhabitable gender identities, it is always compatible with more than one. To arrive at a gender identity, we arrange gender subjectivity like building materials. My theory helps us understand how different people offer seemingly incompatible accounts of their gender identity without questioning their authenticity or validity. They simply arrange similar building materials differently. (shrink)
It is often assumed that two linguistic agents can come to understand one another in part because they use the same words. That is, many philosophical theories of communication posit an intersubjective same-word relation. However, giving an account of this relation is complicated by what I call “The Variation Problem”—a problem resulting from the fact that the same word can be pronounced differently. In this paper, I first argue that previous models of the same-word relation, including Kaplanian and Chomskyan models, (...) fail to escape The Variation Problem. I then propose a new model on which the same-word relation is grounded in a particular kind of social relation that holds between the speaker and the audience. On this model, using the same word requires not that agents make the same sounds, but that they coordinate their internal linguistic representations. (shrink)
This “current controversies” contribution describes the recent case of a severely disabled six year old girl who has been subjected to a range of medical interventions at the request of her parents and with the permission of a hospital clinical ethics committee. The interventions prescribed have become known as “the Ashley treatment” and involve the performance of invasive medical procedures (eg, hysterectomy) and oestrogen treatment. A central aim of the treatment is to restrict the growth of the child and (...) thus make it easier for her parents to care for her at home. The paper below discusses the main objections to the treatment. It concludes that the most serious concern raised by the case is that it may set a worrying precedent if the moral principle employed in justification of the treatment is applied again to endorse it in similar circumstances. Finally, it raises the possibility that that same moral principle may even be invoked to justify more radical interventions than those that were actually performed in the Ashley treatment. (shrink)
Understanding everyday behavior relies heavily upon understanding our ability to improvise, how we are able to continuously anticipate and adapt in order to coordinate with our environment and others. Here we consider the ability of musicians to improvise, where they must spontaneously coordinate their actions with co-performers in order to produce novel musical expressions. Investigations of this behavior have traditionally focused on describing the organization of cognitive structures. The focus, here, however, is on the ability of the time-evolving patterns of (...) inter-musician movement coordination as revealed by the mathematical tools of complex dynamical systems to provide a new understanding of what potentiates the novelty of spontaneous musical action. We demonstrate this approach through the application of cross wavelet spectral analysis, which isolates the strength and patterning of the behavioral coordination that occurs between improvising musicians across a range of nested time-scales. Revealing the sophistication of the previously unexplored dynamics of movement coordination between improvising musicians is an important step towards understanding how creative musical expressions emerge from the spontaneous coordination of multiple musical bodies. (shrink)
This piece, included in the drift special issue of continent. , was created as one step in a thread of inquiry. While each of the contributions to drift stand on their own, the project was an attempt to follow a line of theoretical inquiry as it passed through time and the postal service(s) from October 2012 until May 2013. This issue hosts two threads: between space & place and between intention & attention . The editors recommend that to experience the (...) drifiting thought that attention be paid to the contributions as they entered into conversation one after another. This particular piece is from the BETWEEN SPACE & PLACE thread: April Vannini, Those Between the Common * Laura Dean & Jesse McClelland, Ballard: A Portrait of Placemaking * Amara Hark Weber, Crossroad * Isaac Linder & Berit Soli-Holt, The Call of the Wild: Terro(i)r Modulations * Ashley D. Hairston, Momma taught us to keep a clean house * Sean Smith, The Garage (Take One) * * * * Momma taught us to keep a clean house. Dust the wood furniture every two weeks. Clean the bathrooms once a week. Wipe down the baseboards once a season (Those damn baseboards. I still got bruises on my knees from scrubbing those things). Sweep away the cobwebs—and pray that those spiders are either dead or delirious (Livin in the country don’t mean you like bugs, especially the ones with too many legs ). Didn’t matter that the house was full of stuff: Great-Grandma’s heirloom dresser, that weird Mammy salt shaker and matching Uncle Tom pepper grinder (Where the hell did Momma get those P.O.S.’s?), the outdated drapes from Belks, Dad’s favorite wooden TV tray, and that uuuuugly love seat that some crazy uncle thought was a glorious find from the Salvation Army (Momma tried to make it pretty with some pillows, but no amount of love could help that seat). Spring Cleaning meant pullin all that furniture away from the walls and holdin your breath to see what time collected in the crevices. Then you gotta be careful not to breathe out too heavy cause the dust would go flying fore you got a chance to catch it. If you didn’t, you’d quickly find out if you’re allergic to dust. Quarter cup of lemon Lysol in a bucket of steaming water and an old wash rag. Maybe two. A dust towel and citrus-scent Pledge. Me and my brothers would fight over who cleaned what. Somehow the twins always got the easy stuff: vacuuming or moving dirt around with the feather-duster. Finishing in enough time to fly down the street on their bikes with the neighborhood kids. Older sister never got off that easy. Each of my stubby fingers morphed into plump, lemon-fresh golden raisins by the time that whole damn house was done. I would finish just in time to sit with Nadine on the porch, counting the seconds til the sun turned off and the fireflies fluttered on. The craziest thing: despite all that cleaning, the house still smelled like Momma’s cookin. That Old House. Might have been some of Grandma’s and Great-Grandma’s cookin mixed in there too. Pork chops. Ham hock soaked in collards. Pinto beans and mustard greens. Corn bread and my Auntie’s famous macaroni and cheese. Didn’t matter if the oven was cold and the valve of the gas stove had been shut for days. A stranger woulda thought someone’d been slavin away in that kitchen for a week straight. No Sweet Citrus & Zest Fabreze back then. Lysol would mask the odors for a little while. Not long enough to overpower the 50 years of goodness marinated in buttermilk, kneaded with lard, and fried in Crisco that’d been embedded in the wallpaper and window treatments. All that grime—dead skin, hair follicles, Carolina clay, carpet lint, yippee-little-dog fur—was evidence of life. We were a socially-awkward newly-minted teenager, two rowdy twin boys, a multi-tasking mother, and a road-warrior father. Eventually a strangely-feline Yorkie was added to the mix. And don’t forget about the stray distant relative stopping by unannounced. No corner of that damn house was unmarked. Hand-sewn pillows in the living room that we were forbidden to breathe on somehow had tiny burnt orange paw prints on them (sneaky little dog). It drove Momma crazy. And tore up my fingernails. They still won’t grow back right. Wipe all that shit off just for it to build up again. But that house was inherited and fully paid for. No reason to move. I did move. I was ready to move on. Move up. Move out. Over that small town. Into the big city. Here the streets take on the smells of Momma’s house. Plus piss, shit, and unbathed skin. A hot day means everything cooks and stews in its own juices, making the stench 10x more intense. The apartment is another story. 11 floors up. Big, east-facing windows. Great view of the skyline dotted with some green foliage. And the great lake. Immaculate. Odorless. Not even a trace of tobacco from the previous tenant’s bad habits. No lingering scent of lemon Lysol. No street stench seeping through the window panes. No stray cat hairs. Or dog fur. Not a speck of dust. Futon. Throw pillows. Photos. Knickknacks. Bowls of fresh citrus. Cursedly-assembled desk set from IKEA. Yet the void is too big to fill. Too clean. (shrink)
On two standard views of vagueness, vagueness as to whether Harry is bald entails that nobody knows whether Harry is bald—either because vagueness is a type of missing truth, and so there is nothing to know, or because vagueness is a type of ignorance, and so even though there is a truth of the matter, nobody can know what that truth is. Vagueness as to whether Harry is bald does entail that nobody clearly knows that Harry is bald and that (...) nobody clearly knows that Harry is not bald. But it does not entail that nobody knows that Harry is bald or that nobody knows that Harry is not bald. Hence, the two standard views of vagueness are mistaken. (shrink)
The idea that animals make things has entered into popular news and public understanding, but inclusion of animal artifacts within engineering and technology studies lags. This volume works to unite animal construction literature with concepts from epistemology of technology.
It is often taken for granted that our desires can contribute to what it is rational for us to do. This paper examines an account of desire—the ‘guise of the good’— that promises an explanation of this datum. I argue that extant guise-of-the-good accounts fail to provide an adequate explanation of how a class of desires—basic desires—contributes to practical rationality. I develop an alternative guise-of-the-good account on which basic desires attune us to our reasons for action in virtue of their (...) biological function. This account emphasises the role of desire as part of our competence to recognise and respond to normative reasons. (shrink)
While the inference problem is widely thought to be one of the most serious problems facing non-Humean accounts of laws, Jonathan Schaffer has argued that a primitivist response straightforwardly dissolves the problem. On this basis, he claims that the inference problem is really a pseudo-problem. Here I clarify the prospects of a primitivist response to the inference problem and their implications for the philosophical significance of the problem. I argue both that it is a substantial question whether this sort of (...) response ought to be accepted and that the inference problem, contra Schaffer, remains a significant problem with important implications for the non-Humean position. I also argue that this discussion indicates grounds to be wary about applying the Schaffer-style strategy of straightforwardly dissolving problems by stipulation to other philosophical problems. (shrink)
Musical improvisation is a natural case of human pattern formation, and Walton and colleagues investigate the way that different contextual constraints affect patterns of improvisation and their aesthetic quality. The authors find that coordination patterns are more diversified between two musicians when the musical space in which to improvise is relatively more constrained. They also find that listeners experience more diversified, complementary patterns between musicians as more enjoyable and harmonious.