For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine (...) what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture. (shrink)

As a 2006 Institute of Medicine report highlights, surprisingly little empirical attention has been paid to how prisoners arrive at decisions to participate in modern research. With our study, we aimed to fill this gap by identifying a more comprehensive range of factors as reported by prisoners themselves during semistructured interviews. Our participants described a diverse range of motives, both favoring and opposing their eventual decision to join. Many are well-recognized considerations among nonincarcerated clinical research participants, including a desire for (...) various forms of personal benefit, altruism, and concern about study risks and inconveniences. However, a number of influences seem unique to prisoners. Participants did not report that they were not coerced into enrolling, and they have even been under pressure not to enroll. However, many sought to enroll in order to obtain access to better health care, raising a concern about whether they were unfairly exploited. (shrink)

Background: Therapeutic misconception, the misunderstanding of differences between research and clinical care, is widely prevalent among non-incarcerated trial participants. However, little attention has been paid to its presence among individuals who participate in research while incarcerated. Methods: This study examined the extent to which 72 incarcerated individuals may experience therapeutic misconception about their participation in one of six clinical trials, and its correlation with participant characteristics and potential influences on research participation. Results: On average, participants endorsed 70% of items suggestive (...) of therapeutic misconception. The tendency toward therapeutic misconception was significantly higher among African Americans and Latinos compared to Whites, among older and less educated participants, and among enrollment in a substance-abuse-related trial; it was also correlated with a belief that the trial was the only way to obtain needed treatment. Conclusions: Therapeutic misconception may be particularly high among select incarcerated individuals and is associated with a perceived lack of treatment options. Further examination of therapeutic misconception among incarcerated research participants is needed. (shrink)

dickenson briefly mentions that peripheral opioid receptors somehow become active following inflammation and that the appearance of endogenous opioid peptides at the injury site may be related to immune cell proliferation. Recent findings elucidate the underlying mechanisms in more detail and provide an incentive for the development of a novel generation of analgesics devoid of typical central opioid side effects.

Data are presented that focus on the nature and development of argumentative reasoning. In particular our study describes how support for or against an issue affects memory for critical parts of an argumentative interaction, judgments of argument goodness, and the content of the reasons given in support of one view versus another. Two other factors were examined: developmental differences in argumentation skill and the conditional nature of supporting one side of an argument across varying contexts. Our results show that even (...) seven year old children can recognize, identify, and use the basic components of an argument to provide evidence for and make judgements about their favored position. Moreover, if position support is held constant across all age groups of students, seven year old children were found to give reasons and explanations that were highly similar in content and principle to college students. The same similarities held across age with respect to biases in memory and judgements of argument goodness. The primary difference between children's and college students' argument behavior lay in the side of an argument the students chose to support. Seven year old children and some eleven yearold children supported positions that impute more value to friendship and social consequences than to the maintenance and advancement of individual rights, as specified in a contract agreement. The similarities and differences across development are discussed with respect to a theory of argumentation that speaks to the importance of understanding the nature of goal conflict and a theory of intentionality in predicting how arguments will be represented and resolved. (shrink)

Abstract“Comprehensive Healthcare for America” is a largely single-payer reform proposal that, by applying the insights of behavioral economics, may be able to rally patients and clinicians sufficiently to overcome the opposition of politicians and vested interests to providing all Americans with less complicated and less costly access to needed healthcare.

The concept of structure, operation, and functionality, as they may be understood by clinicians or researchers using neural transplantation techniques, are briefly defined. Following Stein & Glasier, we emphasize that the question of whether an intracerebral graft is really functional should be addressed not only in terms of what such a graft does in a given brain structure, but also in terms of what it does at the level of the organism.

Nuestra hipótesis consiste en considerar la alegría como fruto del dinamismo interpersonal entre Dios y el hombre bajo la figura de la nupcialidad, cuyas notas de reciprocidad, exclusividad, intimidad y fecundidad especifican esta dimensión particular de vida teologal. Al desplegarse en la historia, la nupcialidad adquiere una tensión escatológica pues el diálogo amante de libertades intensifica la presencia recíproca de Dios y el hombre hasta desembocar en una radicalidad que puede conducir al martirio. Tales fueron los casos de dos místicos (...) y mártires contemporáneos, Christophe Lebreton y Edith Stein, cuyos textos testimonian que la alegría se manifiesta como un fruto visible de la entrega definitiva de sus cuerpos. Our hypothesis is to consider joy as a result of the interpersonal dynamics between God and man under the figure of marriage, whose traits of reciprocity, exclusivity, intimacy and fecundity give a distinctive specifity to this particular dimension of theological life. As it unfolds in history, nuptiality develops an eschatological tension, as the loving dialogue of freedoms intensifies God and man's mutual presence, leading to a radicality which can usher into martyrdom. Such were the cases of two contemporary mystics and martyrs, Christophe Lebreton and Edith Stein, whose texts testify that joy is manifested as a visible fruit of the final offering of their bodies. (shrink)

NoteThe following was written as a commentary on an article we published in our Spring 2023 issue, “’Comprehensive Healthcare for America’: Using the Insights of Behavioral Economics to Transform the U. S. Healthcare System,” by Paul C. Sorum, Christopher Stein, and Dale L. Moore. This commentary should have appeared alongside that article. We apologize to the authors and our readers for the error.

Abuse, when committed by spiritual authority figures, can have far-reaching consequences for church communities well after perpetrators have been removed and held accountable. In attending to survivors, a host of issues may come to light, including but not limited to, organizational complicity in abuse, institutional marginalization of the vulnerable, and the revelation that worship spaces can be traumatically triggering. The work of scholars like Michelle Panchuk, Elaine Heath, and Katharina von Kellenbach all point to the challenging reality that ecclesial repentance­ (...) may demand dramatic changes to restore a safe environment and righteous expressions of worship that honour God's intentions for all. Glen Kinoshita's ‘ministry of reconciliation’ and Dietrich Bonhoeffer's ‘preparing the way’ and ‘religionless Christianity’ are texts that on the surface address this type of process; however, it is not clear that either scholar fully reckons with the issue of a worshipping community or space that has been so marred by abuse as to become an impediment to a survivor's participation in liturgy. In this article, I modify Bonhoeffer's work to move beyond his claims and make recommendations for further steps towards repentance. (shrink)

Essays honoring the work of Catholic ethicist James F. Keenan.

Religion, Race, Multiculturalism, and Everyday Life takes a spirited conceptualist look back into the history of our development. The book sets out to explore the ways in which a punditry of human equality continues to lock in unassailably assured logical postures, enabled by the historically intertwined roles played by power and the passage of time, towards the invention and sustenance of social truth. Religion, race, and multiculturalism have been written about many times, and from a variety of academic, discipline-specific perspectives. (...) Nonetheless, these social issues remain ever relevant to any sincere bid to understand the inegalitarian aspects of modern society. Religion, Race, Multiculturalism, and Everyday Life was primarily written with serious students of philosophy, sociology, the humanities, and history in mind. The author contends that we should never be too afraid to explore contentious or difficult philosophical and social questions. (shrink)

Are humans rational? Various experiments performed over the last several decades have been interpreted as showing that humans are irrational we make significant and consistent errors in logical reasoning, probabilistic reasoning, similarity judgements, and risk-assessment, to name a few areas. But can these experiments establish human irrationality, or is it a conceptual truth that humans must be rational, as various philosophers have argued? In this book, Edward Stein offers a clear critical account of this debate about rationality in philosophy (...) and cognitive science. He discusses concepts of rationality - the pictures of rationality that the debate centres on - and assesses the empirical evidence used to argue that humans are irrational. He concludes that the question of human rationality must be answered not conceptually but empirically, using the full resources of an advanced cognitive science. Furthermore, he extends this conclusion to argue that empirical considerations are also relevant to the theory of knowedge - in other words, that epistemology should be naturalized. from the reviews: 'Stein has done a great service in bringing together all of the important arguments in the human rationality debate and providing a measured critical assessment of them.... This will be an important book and is essential reading for epistemologists, philosophers of mind, and cognitive and evolutionary psychologists.' Choice 'very considerable value... for professionals' Times Higher Education Supplement. (shrink)

Sieben Bucher zur Geschichte des Platonismus by Heinrich von Stein. This book is a reproduction of the original book published in 1862 and may have some imperfections such as marks or hand-written notes.".

In this re-titled and substantially revised update of his _Classical Philosophy_, Christopher Shields expands his coverage to include the Hellenistic era, and now offers an introduction to more than 1,000 years of ancient philosophy. From Thales and other Pre-Socratics through Socrates, Plato, and Aristotle, and on to Epicureanism, Stoicism, and Scepticism, _Ancient Philosophy_ traces the important connections between these periods and individuals without losing sight of the novelties and dynamics unique to each. The coverage of Plato and Aristotle also (...) has been expanded. It now includes, for example, updated coverage of Plato's allegories of the cave and the divided line and the metaphor of the sun as well as features of Plato's epistemology. Shields also adds new discussion on Aristotle's theory of virtue and his approach to the Socratic problem of _akrasia_, or weakness of will. In terms of its structure, _Ancient Philosophy_ is presented so that each philosophical position receives: a brief introduction, a sympathetic review of its principal motivations and primary supporting arguments, and a short assessment, inviting readers to evaluate its plausibility. The result is a book that brings the ancient arguments to life, making the introduction truly contemporary. It will serve as both a first stop and a well visited resource for any student of the subject. _Ancient Philosophy_ offers a vivid picture of the ideas that flourished at philosophy's long birth and considers their relevance, both to the historical development of the Western philosophical tradition, and to philosophy today. (shrink)

In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.

Pain, suffering, death, and extinction have been intrinsic to the process of evolution by natural selection. This leads to a real problem of evolutionary theodicy, little addressed up to now in Christian theologies of creation. The problem has ontological, teleological, and soteriological aspects. The recent literature contains efforts to dismiss, disregard, or reframe the problem. The radical proposal that God has no long–term goals for creation, but merely keeps company with its unfolding, is one way forward. An alternative strategy to (...) tackle the problem of evolutionary theodicy is outlined, with an implication for environmental ethics and suggestions for further work. (shrink)

Part I: The Life of Cognitive Science:. William Bechtel, Adele Abrahamsen, and George Graham. Part II: Areas of Study in Cognitive Science:. 1. Analogy: Dedre Gentner. 2. Animal Cognition: Herbert L. Roitblat. 3. Attention: A.H.C. Van Der Heijden. 4. Brain Mapping: Jennifer Mundale. 5. Cognitive Anthropology: Charles W. Nuckolls. 6. Cognitive and Linguistic Development: Adele Abrahamsen. 7. Conceptual Change: Nancy J. Nersessian. 8. Conceptual Organization: Douglas Medin and Sandra R. Waxman. 9. Consciousness: Owen Flanagan. 10. Decision Making: J. Frank Yates (...) and Paul A. Estin. 11. Emotions: Paul E. Griffiths. 12. Imagery and Spatial Representation: Rita E. Anderson. 13. Language Evolution and Neuromechanisms: Terrence W. Deacon. 14. Language Processing: Kathryn Bock and Susan M. Garnsey. 15. Linguistics Theory: D. Terence Langendoen. 16. Machine Learning: Paul Thagard. 17. Memory: Henry L. Roediger III and Lyn M. Goff. 18. Perception: Cees Van Leeuwen. 19. Perception: Color: Austen Clark. 20. Problem Solving: Kevin Dunbar. 21. Reasoning: Lance J. Rips. 22. Social Cognition: Alan J. Lambert and Alison L. Chasteen. 23. Unconscious Intelligence: Rhianon Allen and Arthur S. Reber. 24. Understanding Texts: Art Graesser and Pam Tipping. 25. Word Meaning: Barbara C. Malt. Part III: Methodologies of Cognitive Science:. 26. Artificial Intelligence: Ron Sun. 27. Behavioral Experimentation: Alexander Pollatsek and Keith Rayner. 28. Cognitive Ethology: Marc Bekoff. 29. Deficits and Pathologies: Christopher D. Frith. 30. Ethnomethodology: Barry Saferstein. 31. Functional Analysis: Brian Macwhinney. 32. Neuroimaging: Randy L. Buckner and Steven E. Petersen. 33. Protocal Analysis: K. Anders Ericsson. 34. Single Neuron Electrophysiology: B. E. Stein, M.T. Wallace, and T.R. Stanford. 35. Structural Analysis: Robert Frank. Part IV: Stances in Cognitive Science:. 36. Case-based Reasoning: David B. Leake. 37. Cognitive Linguistics: Michael Tomasello. 38. Connectionism, Artificial Life, and Dynamical Systems: Jeffrey L. Elman. 39. Embodied, Situated, and Distributed Cognition: Andy Clark. 40. Mediated Action: James V. Wertsch. 41. Neurobiological Modeling: P. Read Montague and Peter Dayan. 42. Production Systems: Christian D. Schunn and David Klahr. Part V: Controversies in Cognitive Science:. 43. The Binding Problem: Valerie Gray Hardcastle. 44. Heuristics and Satisficing: Robert C. Richardson. 45. Innate Knowledge: Barbara Landau. 46. Innateness and Emergentism: Elizabeth Bates, Jeffrey L. Elman, Mark H. Johnson, Annette Karmiloff-Smith, Domenico Parisi, and Kim Plunkett. 47. Intentionality: Gilbert Harman. 48. Levels of Explanation and Cognition Architectures: Robert N. McCauley. 49. Modularity: Irene Appelbaum. 50. Representation and Computation: Robert S. Stufflebeam. 51. Representations: Dorrit Billman. 52. Rules: Terence Horgan and John Tienson. 53. Stage Theories Refuted: Donald G. Mackay. Part VI: Cognitive Science in the Real World:. 54. Education: John T. Bruer. 55. Ethics: Mark L. Johnson. 56. Everyday Life Environments: Alex Kirlik. 57. Institutions and Economics: Douglass C. North. 58. Legal Reasoning: Edwina L. Rissland. 59. Mental Retardation: Norman W. Bray, Kevin D. Reilly, Lisa F. Huffman, Lisa A. Grupe, Mark F. Villa, Kathryn L. Fletcher, and Vivek Anumolu. 60. Science: William F. Brewer and Punyashloke Mishra. Selective Biographies of Major Contributors to Cognitive Science: William Bechtel and Tadeusz Zawidzki. (shrink)

This article analyzes the relative effectiveness and limitations of companies’ voluntarily produced transparency reports in promoting change in firm and government behavior. Such reports are published by telecommunications companies and disclose how often and on what grounds government agencies compel customer data from these companies. These reports expose corporate behaviors while lifting the veil of governmental secrecy surrounding these kinds of compulsions. Fung, Graham, and Weil’s “targeted transparency” model is used to evaluate the extent to which these reports affect behavior. (...) From the analysis, it is evident that telecommunications companies’ transparency reports are only partially effective; while firms may modify their reports to present more information, these reports do not necessarily induce government to more broadly reveal its own activities. The article ultimately suggests that voluntarily produced transparency reports may become more comparable with one another as a result of either corporate reports evolving in consultation with external stakeholders or following a crisis that prompts government or industry to adopt a given standard. Such standards may positively influence the effectiveness of reports while concealing as much about firm behaviors as they purport to reveal. (shrink)

Hegel’s Logic reveals an insightful and subtle engagement with the traditional problem of free will as it emerges from our basic commitment to the explicability of the world. While the dominant current interpretations of Hegel’s theory of agency find little of significance in the Logic and suggest that Hegel avoided the traditional problem, Yeomans argues both that the problem is unavoidable, and that the two versions of the Logic fruitfully engage the tensions between explicability and both the control and alternate (...) possibilities constitutive of free agency. In particular, Yeomans examines Hegel’s response to three different versions of the principle of sufficient reason that have historically seemed to make free will problematic. The central three chapters take up each of these versions in turn. For each, Yeomans first explores the nature of its challenge to free will with glances both at Hegel’s precursors and contemporaries and at the philosophy of action of our own time. Then Yeomans delves into the arguments of Hegel’s Logic to see how he construed the problematic concepts in question. Finally, Yeomans returns to the issue of free will to bring Hegel’s interpretations of the concepts in the Logic together with elements of his moral psychology from his practical philosophy both to show how the problem of free will can be resolved, and to trace in outline the shape of free will that such a resolution produces. The key connection between the Logic’s reflections on the form of explanation and the practical philosophy’s theory of the will is that both attempt to do justice to the mutual necessity of self-determination and external influence. (shrink)

For many Americans, the election of Barack Obama as the country's first black president signaled that we had become a post-racial nation - some even suggested that race was no longer worth discussing. Of course, the evidence tells a very different story. And while social scientists are fully engaged in examining the facts of race, normative political thought has failed to grapple with race as an interesting moral case or as a focus in the expansive theory of social justice. Political (...) thought's under participation in the debate over the status of blacks in American society raises serious concerns since the main academic task of political theory is to adjudicate discrepancies between the demands of ideal justice and social realities. Christopher J. Lebron contends that it is the duty of political thought to address the moral problems that attend racial inequality and to make those problems salient to a democratic polity. Thus, in The Color of Our Shame, he asks two major questions. First, given the success of the Civil Rights Act and the sharp decline in overt racist norms, how can we explain the persistence of systemic racial inequality? Second, once we have settled on an explanation, what might political philosophy have to offer in terms of a solution? In order to answer these questions Lebron suggests that we reconceive of racial inequality as a condition that marks the normative status of black citizens in the eyes of the nation. He argues that our collective response to racial inequality ought to be shame. While we reject race as a reason for marginalizing blacks on the basis of liberal democratic ideals, we fail to live up to those ideals - a situation that Lebron sees as a failure of national character. Drawing on a wide array of resources including liberal theory, virtue ethics, history, and popular culture, Lebron proposes a move toward a "perfectionist politics" that would compel a higher level of racially relevant moral excellence from individuals and institutions and enable America to meet the democratic ideals that it has set for itself. (shrink)

Direct Realism is the view that human perception takes physical entities and their mind-independent properties as immediate objects. Although this thesis is supported by common sense, many argue that it can be dismissed on philosophical or quasi-scientific grounds. This essay attempts to defend Direct Realism against one such argument, which I call the “Problem of Secondary Qualities,” using the ideas of Scottish Common Sense philosopher Thomas Reid. The first chapter of this work offers a detailed introduction to the Problem of (...) Secondary Qualities. The Problem of Secondary Qualities arises from the claim that science has shown that physical objects do not possess secondary qualities. This is a problem for Direct Realism because secondary qualities are certainly possessed by at least some perceivable objects. As I present it, the Problem rests on three commitments: that an analysis of secondary quality perceptions should extend to perception in general, that we perceive secondary qualities, and that physical objects do not possess secondary qualities without our perceptions of them. I conclude that Direct Realism requires an account of secondary qualities on which secondary qualities are perceiver-independent but identifiable with other causally relevant properties. In Chapter Two, I introduce Thomas Reid’s doctrine of primary and secondary qualities, in the context of his theory of perception, as a viable response to the Problem of Secondary Qualities. On Reid’s view, secondary qualities are both perceiver-independent and identical to scientific properties, and Reid offers many useful conceptual resources for responding to objections. Most important are Reid’s claims that sensation or sense experience is casually related to, but not essential for, perception and that our perceptions of secondary qualities give us very little knowledge concerning their natures. The final chapter shows how the Reidian theory holds up against four key objections to accounts of secondary qualities on which they may be identified with perceiver-independent, scientific properties. In most cases, the Reidian approach finds solutions without compromising our intuitions or received opinions. (shrink)

Aristotle’s Metaphysics Λ.7 features an argumentative progression from the unwavering actuality of the unmoved mover through its necessity to its goodness, which goodness in turn grounds the manner in which it serves as the ultimate principle of motion, namely, by being an object of love and desire (1072b4-12). One link in this progression is especially brief and startling, namely the second of two inferences in this short sentence: “It is a being of necessity, therefore, and in so far as [it (...) exists] necessarily, [it exists] finely, and it is in this way a principle” (1072b10-11). Aristotle slides smoothly from: x exists necessarily (ex anagkēs) to x exists finely (kalōs), without any intervening step. The seamless speed of this step is bound to give us pause—we naturally read it as enthymematic and start casting about for an intervening premise set. Still more arresting is its apparent move from a descriptive to a normative proposition. From our post-Humean vantage point we may be likely to presume that whatever the missing premise set of this inference turns out to be, somewhere buried in that set will need to be something of the form: if descriptive proposition (DP), then normative proposition (NP). Otherwise, Aristotle’s conclusion will have illicitly inferred a normative proposition from a descriptive premise set, in violation of the Humean edict that one cannot infer an ought from an is. Yet, if we smuggle the norm into our premise set along the way, we have merely relocated our problem. For then we will have asserted, or assumed, that the truth of some descriptive proposition is sufficient for the truth of some normative proposition, namely the consequent of the conditional: if DP, then NP. At any rate, this obtains unless necessity itself is already a normative notion, a questionable assumption, but one we will consider in due course. In either case, though, we need some explication of the route Aristotle follows when he moves, without comment, from necessity to goodness. (shrink)

With a new reading of Thomas Reid on primary and secondary qualities, Christopher A. Shrock illuminates the Common Sense theory of perception. Shrock follow's Reid's lead in defending common sense philosophy against the problem of secondary qualities, which claims that our perceptions are only experiences in our brains, not of the world.