This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an ...

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

This paper aims to defend a dialectical account of selfhood in the context of the contemporary debates on personal identity in Anglo-American philosophy. I interpret Reductionism and Non-Reductionism—the two dominant positions in contemporary Anglo-American philosophy—as forming something analogous to an antinomy. Reductionists argue that the self is merely an identity that is reducible to a set of facts, while Non-Reductionists argue that the self is a separate entity beyond any set of facts. I argue that a comprehensive view of the (...) self requires aspects from both of these positions. The self, then, should be understood as an ongoing activity that relates the various features of one’s identity together. (shrink)

Increasingly, clinical research is evaluated on the quality of its statistical analysis. Traditionally, statistical analyses in clinical research have been carried out from a ‘frequentist’ perspective. The presence of an alternative paradigm – the Bayesian paradigm – has been relatively unknown in clinical research until recently. There is currently a growing interest in the use of Bayesian statistics in health care research. This is due both to a growing realization of the limitations of frequentist methods and to the ability of (...) Bayesian methods explicitly to incorporate prior expert knowledge and belief into the analyses. This is in contrast to frequentist methods, where prior experience and beliefs tend to be incorporated into the analyses in an ad hoc fashion. This paper outlines the frequentist and Bayesian paradigms. Acute myocardial infarction mortality data are then analysed from both a Bayesian and a frequentist perspective. In some analyses, the two methods are seen to produce comparable results; in others, they produce different results. It is noted that in this example, there are clinically relevant questions that are more easily addressed from a Bayesian perspective. Finally, areas in clinical research where Bayesian ideas are increasingly common are highlighted. (shrink)

Health disparities education is an integral and required part of medical professional training, and yet existing curricula often fail to effectively denaturalize injustice or empower learners to advocate for change. We discuss a novel collaborative intervention that weds the health humanities to the field of health equity. We draw from the health humanities an intentional focus retraining provider imaginations by centering patient narratives; from the field of health equity, we draw the linkage between stigmatized social identities and health disparities. We (...) describe a longitudinal health equity curriculum for the Hospice and Palliative Medicine fellowship in Memphis, Tennessee, to give trainees exposure to the concept of structural violence and how it affects clinical care. The curriculum was developed in partnership with humanities and social sciences faculty who staff a Health Equity academic program at a small liberal arts college in Memphis. This curriculum has been implemented for the past four years in support of 22 hospice and palliative medicine fellows. Group debriefs and a mixed methods survey have revealed widespread and lasting impact towards understanding health equity concepts, enhanced communication and treatment of patients, and empowerment to address the broader needs and policies affecting patients and the communities in which they live. Ultimately, we model an educational initiative that integrates equity across the full scope of healthcare practice and equips learners with skills for sustaining compassionate practices, focusing on equity-oriented, person-centered care across the full scope of healthcare practice. (shrink)

Focusing on Truth explores the question of what truth is, balancing historical with issue-orientated discussion. The book offers a comprehensive survey of all the major theories of truth. Lawrence Johnson investigates a number of closely related matters of truth in his inquiry, such as: What sorts of things are true or false? What is attributed to them when they are said to be true or false? What do facts have to do with truth? What can we learn from previous (...) theories? The book opens with an analysis of the coherence theory of truth and then the correspondence theory of truth, as developed by Moore, Russell and Wittgenstein. Through a study of the semantic conceptions of truth, the author reveals that an adequate theory of truth must take account of the pragmatics of person, purpose, and circumstance. A full understanding of facts and truth bearers is considered central to Johnson's criticism of the opposing truth theories of J. L. Austin and P. F. Strawson. Drawing on the merits of these theories and others, while identifying their deficiencies, Johnson presents a new account of truth, based on the correlation of referential foci and the use of linguistic conventions. This account is defended as being adequate to meet the legitimate demands made on a theory of truth. Johnson argues that the account leaves scope for statements of many different sorts to be true in their own widely varying ways, without the existence of a need to posit fundamentally different kinds of truth. (shrink)

O SET THE STAGE for the discussion[1], I will rehearse and clarify a well-known dispute between A. J. Ayer and J. L. Austin concerning whether perceptual judgments are inferences. Both in his Sense and Sensibilia[2] and in his "Other Minds,"[3] Austin carefully distinguishes recognizing that p from inferring that p. For the purpose of comparing his position to Ayer's, we might put his basic claim in this way: given the way words such as "recognize" and "infer" are used (...) outside philosophical discussions, one clearly distinguishes instances of recognizing from instances of inferring. Yet Ayer does not dispute that, but replies that while non-philosophers do make a sharp distinction between the two, it is arbitrary for philosophical purposes.[4] Claims based upon one's having recognized something are sufficiently like claims based upon one's having inferred, Ayer supposes, that it is useful to treat them as instances of a common category. So the issue is not whether the distinction is recognized outside philosophical circles, but whether it is a defensible and useful one to make. Clearly, Austin insists upon the distinction because he supposes that failing to make it will promote philosophical confusion; indeed, he argues that one traditional problem of skepticism is largely due to this confusion.[5] In his "Other Minds," Austin tries to suggest how recognizing differs from inferring by showing how the sorts of questions or challenges brought to bear differ between the two sorts of claim:[6] for inferences, one wants a rehearsal of the pieces of evidence and an account of their connections to the judgment; for perceptual claims of recognition, one explores whether the observer had the opportunity to see what he claimed to have seen, whether he had acquired the expertise to recognize the sort of thing he claimed to have seen, and whether the circumstances were free of evident distraction and defect. But his readers' appreciation of these things depends. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

In recent years consciousness has become a significant area of study in the cognitive sciences. The Frontiers of Consciousness is a major interdisciplinary exploration of consciousness. The book stems from the Chichele lectures held at All Souls College in Oxford, and features contributions from a 'who's who' of authorities from both philosophy and psychology. The result is a truly interdisciplinary volume, which tackles some of the biggest and most impenetrable problems in consciousness. The book includes chapters considering the apparent explanatory (...) gap between science and consciousness, our conscious experience of emotions such as fear, and of willed actions by ourselves and others. It looks at subjective differences between two ways in which visual information guides behaviour, and scientific investigation of consciousness in non-human animals. It looks at the challenges that the mind-brain relation presents for clinical practice as well as for theories of consciousness. The book draws on leading research from philosophy, experimental psychology, functional imaging of the brain, neuropsychology, neuroscience, and clinical neurology. Distinctive in its accessibility, authority, and its depth of coverage, Frontiers of Consciousness will be a groundbreaking and influential addition to the consciousness literature. (shrink)

This book is the one to put into the hands of those who have been over-impressed by Austin 's critics....[Warnock's] brilliant editing puts everybody who is concerned with philosophical problems in his debt.

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

A recent development in biology has been the growing acceptance that holobionts, entities comprised of symbiotic microbes and their host organisms, are widespread in nature. There is agreement that holobionts are evolved outcomes, but disagreement on how to characterize the operation of natural selection on them. The aim of this paper is to articulate the contours of the disagreement. I explain how two distinct foundational accounts of the process of natural selection give rise to competing views about evolutionary individuality.

I propose that primary conscious awareness arises from synchronized activity in dendrites of neurons in dorsal thalamic nuclei, mediated particularly by inhibitory interactions with thalamic reticular neurons. In support, I offer four evidential pillars: consciousness is restricted to the results of cortical computations; thalamus is the common locus of action of brain injury in vegetative state and of general anesthetics; the anatomy and physiology of the thalamus imply a central role in consciousness; neural synchronization is a neural correlate of consciousness.

It is well-acknowledged that teachers play a significant role in enhancing student learning and that investigating teachers’ cognitions about teaching is a first and important step to understanding the phenomenon. Although much research into teachers’ cognitions about grammar teaching has been conducted in various socio-cultural contexts, little has been reported on cognitions of Chinese teachers of English as a foreign language so far. Such understanding is of primary importance to student success in language learning given the sociocultural context where grammar (...) takes a lion’s share in high-stakes examinations. In order to address this research gap, we developed and validated the Chinese EFL Teachers’ Cognitions about Grammar Teaching Questionnaire. Two subsamples were randomly invited to respond to the TCAGTQ and the data were then subjected to exploratory factor analysis and confirmatory factor analysis to test the validity and reliability of the instrument. The EFA excluded eight items from the TCAGTQ and generated six factors with 27 items. The CFA result from the other subsample supported a six-factor model with a good model fit. Moderate correlations between the six factors also supported the predictive validity of the questionnaire, showing that the TCAGTQ is a valid and reliable inventory for measuring Chinese university EFL teachers’ cognitions about grammar teaching. Our findings suggest that the TCAGTQ can be used as a useful tool for teachers to self-assess their professional practice for improving teaching. (shrink)

Introduction: Fundamental Ontology as a "Fundamental Ethics" In his "Letter on Humanism" Martin Heidegger claims that the fundamental ontology he works out ...

Among mycologists, questions persist about what entities should be treated as the fundamental units of fungal populations. This article articulates a coherent view about populations of heterokaryotic fungi and the individuals that comprise them. Using Godfrey-Smith’s minimal concept of a Darwinian population, I argue that entities at two levels of the biological hierarchy satisfy the minimal concept in heterokaryotic fungi: mycelia and nuclei. I provide a preliminary answer to the question of how to understand the relation between these two populations. (...) This article contributes to discussions about the nature of biological individuality, organismality, and evolutionary transitions. (shrink)

Critics have charged that Heidegger's account of authenticity is morally nihilistic, that his fundamental ontology is either egocentric or chauvinistic; and many see Heidegger's turn to Nazism in 1933 as following logically from an indifference, and even hostility, to "otherness" in the premises of his early philosophy. In_ The Fragile "We": Ethical Implications of Heidegger's "Being and Time,"_ Lawrence Vogel presents three interpretations of authentic existence--the existentialist, the historicist, and the cosmopolitan--each of which is a plausible version of the (...) personal ideal depicted in _Being and Time._ He then draws parallels between these interpretations and three moments in the contemporary liberal-communitarian debate over the relationship of the "I" and the "We." His book contributes both to a diagnosis of what there is about _Being and Time_ that invites moral nihilism and to a sense of how fundamental ontology might be recast so that "the other" is accorded an appropriate place in an account of human existence. (shrink)

McCoy and colleagues (2023) offer a reflective framework for data ethics and governance with several historical bioethics principles as a foundation. Their framework is one among a plethora of othe...

Eukaryogenesis is widely viewed as an improbable evolutionary transition uniquely affecting the evolution of life on this planet. However, scientific and popular rhetoric extolling this event as a singularity lacks rigorous evidential and statistical support. Here, we question several of the usual claims about the specialness of eukaryogenesis, focusing on both eukaryogenesis as a process and its outcome, the eukaryotic cell. We argue in favor of four ideas. First, the criteria by which we judge eukaryogenesis to have required a genuinely (...) unlikely series of events 2 billion years in the making are being eroded by discoveries that fill in the gaps of the prokaryote:eukaryote “discontinuity.” Second, eukaryogenesis confronts evolutionary theory in ways not different from other evolutionary transitions in individuality; parallel systems can be found at several hierarchical levels. Third, identifying which of several complex cellular features confer on eukaryotes a putative richer evolutionary potential remains an area of speculation: various keys to success have been proposed and rejected over the five-decade history of research in this area. Fourth, and perhaps most importantly, it is difficult and may be impossible to eliminate eukaryocentric bias from the measures by which eukaryotes as a whole are judged to have achieved greater success than prokaryotes as a whole. Overall, we question whether premises of existing theories about the uniqueness of eukaryogenesis and the greater evolutionary potential of eukaryotes have been objectively formulated and whether, despite widespread acceptance that eukaryogenesis was “special,” any such notion has more than rhetorical value. (shrink)

Pragmatic comparative effectiveness randomized controlled trials evaluate the effectiveness of one interventions under real-world clinical conditions. The results of ceRCTs are often directly generalizable to everyday clinical practice, providing information critical to decision-making by patients, clinicians, and healthcare policymakers. The PRECIS-2 framework identifies nine domains that serve to score a trial on a continuum between very explanatory to very pragmatic. According to the framework, pragmatic trials may have one or more of the following features: there are fewer eligibility criteria for (...) participants, in an... (shrink)

Using a Solomon four-group design, we investigate the effect of a case-based critical thinking intervention on students’ critical thinking skills. We randomly assign 31 sessions of business classes to four groups and collect data from three sources: in-class performance, university records, and Internet surveys. Our 2 × 2 ANOVA results showed no significant between-subjects differences. Contrary to our expectations, students improve their critical thinking skills, with or without the intervention. Female and Caucasian students improve their critical thinking skills, but males (...) and non-Caucasian do not. Positive performance goals and negative mastery goals enhance and decrease improvements of their CTA scores, respectively. ACT and age are related to pre- and post-test. Gender is related to pre-test. GPA is related to post-test. Results shed light on the Pygmalion effect, the Galatea effect, ability, motivation, and opportunity as signals for human capital, and business ethics. (shrink)

Climate change is a wicked problem with causes and consequences overlapping with other wicked problems and no single solution (Hulme 2015). For example, the frequent droughts associated with climate change exacerbate another major problem facing humanity as we enter the Anthropocene: how to produce adequate food to feed a growing population without increasing pollution or “more food with low pollution (MoFoLoPo)” (Davidson et al. 2015). Soils represent an intersection of these two wicked problems, because they are integral to food production (...) through agriculture and also are an important component of global climate models. Recent focus in the field of soil carbon cycling has facilitated a transformation in our understanding of the processes that control this important resource. This understanding is critical to responding to both wicked problems. (shrink)