This essay defends judicial review on procedural grounds by showing that it is an integral part of American democracy. Critics who object to judicial review using counter-majoritarian and epistemic arguments raise important concerns that should shape our understanding of the Supreme Court. Nevertheless, critics often fail to account for the formal and informal mechanisms that overcome these difficulties. Critics also fail to show that other branches of government could use the power of Constitutional interpretation more responsibly. By defending (...) judicial review in the American context, this essay demonstrates that judicial review is not inherently undemocratic. (shrink)

The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule (...) of the judges (Michelman; Dworkin). It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as – according to them – it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected (Bellamy; Waldron; Tushnet; Goldoni). On the other hand, legal constitutionalism upholds the idea of judicial review, defending the role of the Supreme Court as “exemplar of public reason” (Rawls 1993). This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1. What do we mean by counter-majoritarian difficulty? 2. What is the answer that legal and political model of constitutionalism give to this question? 3. What is the role of constitutional courts in democratic regimes and what is their authority within the State? (shrink)

The majoritarian conception of democracy implies that counter-majoritarian institutions such as federalism—and even representative institutions—are derogations from democracy. The majoritarian conception is mistaken for two reasons. First, it is incoherent: majoritarianism ultimately stands against one of democracy’s core normative commitments—namely, political equality. Second, majoritarianism is premised on a mistaken view of power, which fails to account for the power of numbers and thereby fails to explain the inequality faced by members of persistent minorities. Although strict majority (...) rule serves the democratic values of political agency and equality as interpreted by a set of formal conditions, an adequate conception of power shows why in real-world conditions formal-procedural inequalities, instantiated by counter-majoritarian institutions such as federalism, are sometimes required to serve democratic equality. (shrink)

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the (...) exercise of judicial review, and the legal academy's influence on legal practice. (shrink)

I argue that when conceiving or assessing normative ideas about how we should organize society into the kind of ecosystem we desire, it is unwise to completely ignore empirical conditions. I also demonstrate that when evaluating empirical difficulties attending a social system, it is also unwise to do so in total oblivion to the normative idea or objective informing the establishment of such a system. Each of these assessments I call an under informed single-level analysis. By contrast I advocate a (...) multi-level analysis (by which we evaluate both the normative and empirical dimensions of an idea or a social system) or, at the least, an informed single-level analysis (by which we evaluate either a normative idea or an empirical system with an implicit awareness of the content of the other level). I demonstrate that these models of analysis would never yield the same conclusions as an under informed single-level analysis. For my case studies I focus on the various models of analyses used in the debate about liberal majoritarian and consensus/communal democracies. (shrink)

Social studies’ explanations of race can marginalize educators of color, due to a lack of focus in the curriculum or conversations in the classroom. This article addresses the problem through composite counter-narratives, created from collaborations between the author and current social studies teachers of color. Two teachers, Charlie Smith and Rosita Hernandez, describe their experiences learning and teaching social studies through the lens of community. Current research positions counter-narratives as a pedagogical tool for pre-service teachers resisting majoritarian (...) narratives or as a curricular tool for elementary social studies teachers challenging mainstream historical texts. However, a gap exists on in-service social studies teachers using community to create counter-narratives. Composite counter-narratives serve as a starting point in addressing this gap. This article aims to provide scholarship space for the voices of teachers of color while situating the community as a significant influence in teaching social studies. (shrink)

Infallibilism is commonly rejected because it is apparently subject to easy counter-examples. I describe a strategy that infallibilists can use to resist this objection. Because the sentences used in the counter-examples to express evidence and belief are context-sensitive, the infallibilist can insist that such counter-examples trade on a vacillation between different readings of these sentences. I describe what difficulties await those who try to produce counter-examples against which the proposed strategy is ineffective.

The squatting movement is a social movement that seeks to use unoccupied land or temporarily or permanently abandoned buildings as farmland, housing, meeting places, or centers for social and cultural purposes. Its main motivation is to denounce and at the same time respond to the economic difficulties that activists believe exist to realize the right to housing. Much of what we know about this movement comes from the informational and journalistic literature generated by actors that are close or even belong (...) to the movement. However, there is also a significant diversity of knowledge and scientific evidence on the squatters’ movement that is being produced by academia and that is worth knowing and grouping together. With the aim of defining and understanding how the squatters’ movement is constituted and organized, and how it acts, this research analyzes what the scientific literature affirms about it. Through qualitative research based on the systematic literature review method, information was sought in the Web of Science and Scopus databases. The initial universe of 262 articles was finally reduced to a sample of 32 articles. These have been analyzed by means of a categorized classification content analysis. The results obtained allow us to establish the state of the art on the squatting movement, placing special emphasis on its dynamics of resistance, its process of political subjectivation and its mechanisms of action and self-management. The study suggests that the movement is understood based on collective actions with a political role of resistance to neoliberalism and the inequalities it generates, and of response to the basic and social needs of the communities through self-management.Systematic review registration[doi: 10.5281/zenodo.7179670], identifier [7179670]. (shrink)

According to Douglas Walton, the concept of presumption relates to both logical and dialogical components. Logically, a presumption is the conclusion of a presumptive defeasible inference. Dialogically, the function of a presumptions to shift the burden of proof to the respondent in order to move the dialogue forward when the proponent, due to an objective lack of evidence, cannot present a sufficiently persuasive proposition. Presumptive status, assigned only at the argumentation stage of dialogue, is provisional: a particular presumption stands until (...) further counter-indications are found. This paper points out some possible difficulties pertaining to Walton’s dialogical model of presumption. Firstly, once a presumption's typical practical function is made precise, Walton’s idea of presumption starts to lose its conceptual cohesion, thereby becoming applicable in the opening stage of dialogue, as well. Secondly, cohesion is lost also in practical contexts, since Walton's "seat belts" example might indicate that presumptions are not evidentially defeasible if the practical stakes are raised high enough. Most importantly, contextual evaluation may reveal that presumptions do not shift the burden of proof in any specific or genuine way. (shrink)

Suppose that Susan did not go to the movies. The reconciling project attempts to show that this plus Determinism does not imply that Susan could not have gone to the movies. The estranging project attempts to show the opposite. A counter‐entailment argument is of the form A is consistent with C, and C entails not‐B, therefore A does not entail B. An instance of the counter‐entailment arguments undermines a central argument for the reconciling project. Another instance undermines a (...) central argument for the estranging project. This is one symmetry. In each case, the natural response to the counter‐entailment argument begs the question. This is another symmetry. (shrink)

Given the apocalyptic nature of nuclear weapons, how can states establish an international order that ensures survival while allowing the weapons to be used in controlled ways to discourage great wars, and while allowing nuclear technology to diffuse for civil purposes? How can the possession of nuclear weapons by a few states be reconciled with their renunciation by the majority of states? Which political strategies can best deliver an international nuclear order that is effective, legitimate and durable? These have been (...) central questions in the nuclear age. This article suggests that the effort to construct such an order displayed the characteristics of an enlightenment project, with its emphasis on balance and rationality, the quest for justice and trust among states, the feasibility of instrumental regulation, and the attachment to hope and progress. With the Nuclear Non-Proliferation Treaty at its heart, it necessarily gave precedence to diplomacy and containment over preventive war. The reasons why this conception of nuclear order was discarded by its erstwhile champion, the United States, in favor of one bearing traits of counter-enlightenment, are explored. Its alternative strategy can now be declared a failure. Avoidance of a greater disorder depends on recognition that the problem of nuclear order is more than the problem of proliferation, or of non-compliance, and on recovery whatever the difficulties of the cooperative yet pragmatic sensibility that lay behind the prior approach to order. (shrink)

Many of the experiments that produced the empirical basis of quantum mechanics relied on classical assumptions that contradicted quantum mechanics. Historically this did not cause practical problems, as classical mechanics was used mostly when it did not happen to diverge too much from quantum mechanics in the quantitative sense. That fortunate circumstances, however, did not alleviate the conceptual problems involved in understanding the classical experimental reasoning in quantum-mechanical terms. In general, this type of difficulty can be expected when a (...) coherent scientific tradition undergoes a theoretical upheaval. The problem may be circumvented through the use of phenomenological theory in experimentation during the period of theoretical instability. (shrink)

Viewing difficulty as an opportunity for learning runs counter to the common view of difficulty as a source of frustration and confusion. The aim of this article is to focus on the idea of difficulty as a stepping-off point for learning. The literature on difficulty in reading texts, and its impact on thinking and the interpretive process, serve as a foundation for the use of poetry in healthcare ethics education. Because of its complexity and strangeness (...) compared to the usual scientific and clinical texts health science students encounter, poetry is an excellent means to achieve the aim of thinking through difficulties in ethics. Specific examples of teaching and learning strategies for turning difficulty into opportunities for learning are presented, including the difficulty paper and the triple mark-up method. Both methods require students to examine their process of working through difficulties, reflect on how they make sense of difficult texts and then share their process and interpretations in a collaborative manner with peers. The importance of framing difficulties as a public, visible, collaborative process rather than a personal process is emphasized. Working together to hypothesize reasons for difficulty and map out plans to come to terms with difficulty are equally relevant for reading text as they are for reading complex ethical situations. Finally, I argue that transference of this kind of personal and collaborative learning about difficulties benefits interprofessional clinical practice, particularly when dealing with ethical issues. (shrink)

When we speak of the aesthetic, various things may come to mind. Oftentimes, we think of aesthetic philosophy; we think of taste, the work of art, and the concept of genius. We might also consider the predominant categories of aesthetic judgment: the beautiful and the sublime, in addition to any number of other categories that have been brought into the discussion over time.1 We might think of artistic effects, or, with a more historical focus, of the various periods and schools (...) of art. But, with the proliferation of concepts, categories, styles, and critical perspectives, all often concerned with aesthetic objects, art works, and their effects on the spectator, we remain firmly within the framework of aesthetic... (shrink)

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat (...) the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny. (shrink)

Proposals for how to redesign democracy so as to better secure the demands of intergenerational justice can be divided into three broad families: (1) representative proxies; (2) differential voting schemes; and (3) counter-majoritarian devices. However, these proposals suffer from a fundamental weakness: namely, they all assume that despite the fact that democracy is by its very nature ill-equipped to secure intergenerational justice, it is nevertheless possible to rely on democracy to solve this problem in the first place. But (...) that, to put it colloquially, is like thinking that one can pull oneself up by one’s own bootstraps. This paper sketches the shape and contours of a solution to this problem that is better able than the alternatives to escape this objection. This solution draws upon the strategy of a so-called ‘non-reformist reform.’. (shrink)

Juliette Roussin | : Cet article a pour objet d’interroger la tendance actuelle des démocraties à s’entourer d’institutions indépendantes au fort degré de compétence en vue de limiter et de corriger les défaillances éventuelles des corps démocratiques élus et représentatifs. La légitimité démocratique de ces institutions contre-majoritaires leur viendrait, selon certains théoriciens de la démocratie, de ce qu’elles offrent la possibilité de contester les décisions collectives lorsque celles-ci sont mauvaises ou injustes, contribuant ainsi à l’amélioration globale des performances du régime (...) démocratique. À partir notamment d’une lecture des travaux de Philip Pettit sur la démocratie contestataire et d’une réflexion sur l’approche épistémique défendue par David Estlund, nous questionnons au contraire le caractère démocratique de ces formes institutionnelles de contestation et montrons que, tant qu’elles ne font pas l’objet d’un contrôle démocratique plus étroit, elles peuvent être interprétées comme des modes de contestation de la démocratie plutôt que comme des instruments de son amélioration. | : This paper investigates a current tendency among democracies to appeal to highly competent independent institutions in order to constrain and amend the potential deficiencies of elected and representative democratic bodies. According to some democratic theorists, these counter-majoritarian institutions enjoy democratic legitimacy because they allow the contestation of ill-devised or unjust collective decisions, and hence contribute to the global improvement of democratic results. Based on a reading of Philip Pettit’s work on contestatory democracy and of David Estlund’s epistemic approach, the paper questions the democratic nature of these institutional forms of contestation and shows that, as long as they are not subjected to tighter democratic control, these institutions can be interpreted as ways of contesting democracy rather than as implements for its improvement. (shrink)

This article examines distinctive American political institutions that contribute to explaining the continued use of the death penalty. In the light of wide popular support for capital punishment, strong political leadership is considered to be a principal channel for the abolition of capital punishment. The dilemma of the US death penalty, however, lies in populist features of political structures that greatly limit the political leverage and possibilities available to leaders. The institutional arrangements in the United States allow public support for (...) the death penalty to influence political decision making more directly than it can in the European counterpart. A strong receptiveness of US political leaders to the public also implies that once public opinion changes, political leaders are likely to respond to the public’s new attitude. Unlike most countries, which abolished the death penalty through political initiatives that were counter-majoritarian, the United States may abolish it only after a change in public opinion. (shrink)

Each of us has written about the importance of reframing the debate over public health paternalism. Our individual explorations of the many and varied paths forward from libertarian “nanny state” objections to the “new public health” have been intimately informed by collaboration. This article represents a summary of our current thinking — reflecting the ground gained through many fruitful exchanges and charting future collaborative efforts.Our starting point is that law is a vitally important determinant of population health, and the interplay (...) among law, social norms, cultural beliefs, health behaviors, and healthy living conditions is complex. Anti-paternalists’ efforts to limit the scope of public health law to controlling only the proximal determinants of infectious diseases are utterly unjustifiable in the face of so much preventable death, disability, and disparity. Equally important, the anti-paternalism push is deeply counter-majoritarian and undemocratic, threatening to disable communities from undertaking measures to improve their own well-being. (shrink)

The measurement of diagnostic accuracy is an important aspect of the evaluation of diagnostic tests. Sometimes, medical researchers try to discover the set of observations that are most accurate of all by directly inspecting diseased and not-diseased patients. This method is perhaps intuitively appealing, as it seems a straightforward empirical way of discovering how to identify diseased patients, which amounts to trying to correlate the results of diagnostic tests with disease status. I present three examples of researchers who try to (...) produce definitive diagnostic criteria by directly inspecting diseased and not diseased patients. Despite this method’s intuitive appeal, I will argue that it is impossible to carry out. Before researchers can inspect these patients to discover definitive diagnostic criteria, they must be able to distinguish diseased and not-diseased patients; and they do not know how to do this, because this is what they are trying to discover. I suspect the intuitive appeal of directly inspecting patients makes this difficult to appreciate. To counter this difficulty, I present this problem as a manifestation of ‘Meno’s paradox’, which was described in classical antiquity, and of ‘the problem of nomic measurement’, described more recently. Considering these philosophical problems may help researchers address the methodological issues they face when evaluating diagnostic tests. (shrink)

The notion of proof is central to mathematics yet it is one of the most difficult aspects of the subject to teach and master. In particular, undergraduate mathematics students often experience difficulties in understanding and constructing proofs. Understanding Mathematical Proof describes the nature of mathematical proof, explores the various techniques that mathematicians adopt to prove their results, and offers advice and strategies for constructing proofs. It will improve students’ ability to understand proofs and construct correct proofs of their own. The (...) first chapter of the text introduces the kind of reasoning that mathematicians use when writing their proofs and gives some example proofs to set the scene. The book then describes basic logic to enable an understanding of the structure of both individual mathematical statements and whole mathematical proofs. It also explains the notions of sets and functions and dissects several proofs with a view to exposing some of the underlying features common to most mathematical proofs. The remainder of the book delves further into different types of proof, including direct proof, proof using contrapositive, proof by contradiction, and mathematical induction. The authors also discuss existence and uniqueness proofs and the role of counter examples. (shrink)

Thucydidean politicians recognize the difficulty posed by the uncertainties of the future in times of war, yet they differ sharply in their conclusions about how best to respond. Thucydides’ analysis of the rhetoric of wartime decision-making focuses upon the deterioration of political culture under a major national crisis, as well as the role of effective leadership in countering this tendency. The dilemma of Thucydidean politics is how to ensure a deliberative process that will not be taken captive by the (...) pressures and emotions of war, and the demagogic leaders who seek to exploit such pressures and emotions for their own ends. By studying the failures and successes of the past (as documented and analyzed in his History), decision-makers in the future can better understand the political dynamics of wartime decision-making and the corrosive forces that crises too often produce. Thucydides’ narrative analyzes the political, social, and moral psychological dynamics that produce aggression, violence, and the desire for domination and revenge. On his view, these are not inevitable products of human nature, merely dispositions that normative institutions are designed to check. Rather he portrays human nature as running amok when such checks are weakened. What can restrain ‘human nature’ are the norms and institutions that promote communal as opposed to factional or individual interests. (shrink)

Addressing studying as a distinct educational concept and phenomenon in its own right, the essays in this volume consider study and studying from a range of perspectives. Countering dominant educational discourses, which place a heavy emphasis on learning and instruction, the contributors explore questions such as: What does it mean to study something? How is studying something different from being taught about it, or learning something about it? What does the difficulty demanded by study mean for the one who (...) studies and for the teacher? What mode of existence does study induce? The book highlights the significance of study not only, or even primarily, for its educational outcome, but as a human activity. (shrink)

The "aphoristic form causes difficulty," Nietzsche argued in 1887, for "today this form is not taken seriously enough." Nietzsche's Aphoristic Challenge addresses this continued neglect by examining the role of the aphorism in Nietzsche's writings, the generic traditions in which he writes, the motivations behind his turn to the aphorism, and the reasons for his sustained interest in the form. This literary-philosophical study argues that while the aphorism is the paradigmatic form for Nietzsche's writing, its function shifts as his (...) thought evolves. His turn to the aphorism in Human, All Too Human arises not out of necessity, but from the new freedoms of expression enabled by his critiques of language and his emerging interest in natural science. Yet the model interpretation of an aphorism Nietzsche offers years later in On the Genealogy of Morals tells a different story, revealing more about how the mature Nietzsche wants his earlier works read than how they were actually written. This study argues nevertheless that consistencies emerge in Nietzsche's understanding of the aphorism, and these, perhaps counter-intuitively, are best understood in terms of excess. Recognizing the changes and consistencies in Nietzsche's aphoristic mode helps establish a context that enables the reader to navigate the aphorism books and better answer the challenges they pose. (shrink)

In Utopias, Dolphins and Computers Mary Midgley brings philosophy into the real world by using it to consider environmental, educational and gender issues. From "Freedom, Feminism and War" to "Artificial Intelligence and Creativity," this book searches for what is distorting our judgement and helps us to see more clearly the dramas which are unfolding in the world around us. Utopias, Dolphins and Computers aims to counter today's anti-intellectualism, not to mention philosophy's twentieth-century view of itself as futile. Mary Midgley (...) explains the point of philosophy: how to do it, why it is needed, what difficulties confront it and what topics need its attention. (shrink)

What sort of difficulties are faced by Humean and dispositional accounts of causality? On the one hand, Humean accounts explain the relation of causality in terms of contiguity, temporal priority, constant conjunction, and contingency, denying any notion of modality in light of the fact that there is no experiential impression of necessity involved in causation. But this is not persuasive as it does not accord with ordinary intuitions. On the other hand, many dispositionalists interpret causality, not as a relation between (...) objects or events, but as a relation between dispositional properties. Some go further and try to explain dispositional properties in terms of mutuality, contemporaneity, ubiquity, and holism. However, this sort of analysis is also counter-intuitive in a different dimension. (shrink)

The many difficulties the book contains are not due to its translator; Miss Freeman's well-marshalled English seldom leaves us in search of the intended sense. They are due rather to the complex character of the author's mind and to the exigencies of the thesis he is defending. One encounters flights of imagination in which lyrical transports alternate or combine with bold dialectical constructions offered as sober interpretations, and multiple quotations from ancient thinkers and modern critics, confusingly blended with our author's (...) own comments. Signor Untersteiner displays an ability like that of the anatomist Cuvier, and can reassemble the entire structure of a lost sophistic writing from a single bone. He exhumes from the works of many other writers--Thucydides, Plato, Theophrastus, Demosthenes, Sextus Empiricus, Cicero--major conceptions, chapters, or whole treatises, mistakenly incorporated there by later editors, or borrowed without acknowledgment; these and sundry anonymous writings on relevant themes he confidently assigns to this or that beneficiary among the sophists. As the inevitable consequence of this process other thinkers, notably Socrates and Plato, are sadly diminished. Socrates becomes, indeed, almost a superfluity, in whose absence the history of Greek thought would have remained unimpaired. Plato's works serve as happy hunting-grounds for supposed incorporations of sophistic insights; for the rest, he is shown as stone-and-gravel blind to the merits of these rival thinkers. Now, some discounting of Plato's satirical portrayal of the sophists may be admitted as legitimate and necessary. Untersteiner, however, has so far exceeded his allowance here as to reach the counter-absurdity, of which his interpretation of Thrasymachus in the ne plus ultra: to a proper reading, we are told, Thrasymachus is far from being a cynical denier of the claims of moral obligation. On the contrary, he is a broken-hearted idealist, and in calling justice "the advantage of the stronger" he is offering not his own conception of justice but, out of his bitter disillusion, describing what men in their tragic folly have made of that noble virtue. (shrink)

This article considers the difficulties with using Gillon's model for health care ethics in the context of clinical practice. Everyday difficulties can arise when caring for people from different ethnic and cultural backgrounds, especially when they speak little or no English. A case is presented that establishes, owing to language and cultural barriers, that midwives may have difficulty in providing ethically appropriate care to women of Pakistani Muslim origin in the UK. The use of interpreters is discussed; however, there (...) are limitations and counter arguments to their use. Training is identified as needed to prepare service providers and midwives for meeting the needs of a culturally diverse maternity population. (shrink)

This article argues that Habermas’s position on the relationship between religion and politics reaffirms his two-track political theory of the secular state and civic duty. His “hard-core” theory of secularism coupled with an ethics of citizenship seeks new ways of including religious citizens in modern pluralistic societies. The analysis of secularism both as a concept and as a guiding principle in Habermas’s work shows that most critics have misinterpreted his specific use of the term. The result of this is that (...) most secularist and accommodationist critics of Habermas’s ethics of citizenship disregard his two-track political theory and its co-originality principle that assumes the equal status of public and private autonomies of citizens. My aim is thus to shift critical attention to the central aspects of Habermas’s work on religion, specifically to the task of translating religious reasons into an all-accessible language. This task of translation faces several difficulties due to some points that are left unclear by Habermas, such as determining the line separating the informal and the formal spheres, and how to avert the risk of majoritarian hijacks of democracy that could altogether undermine the Habermasian framework. (shrink)

The term compassion fatigue has come to be applied to a disengagement or lack of empathy on the part of care-giving professionals. Empathy and emotional investment have been seen as potentially costing the caregiver and putting them at risk. Compassion fatigue has been equated with burnout, secondary traumatic stress disorder, vicarious traumatization, secondary victimization or co-victimization, compassion stress, emotional contagion, and counter-transference. The results of a Canadian qualitative research project on nurses? experience of compassion fatigue are presented. Nurses, self-identified (...) as having compassion fatigue, described a change in their practice by which they began to shield and distance themselves from the suffering of patients and families. Time to help patients and families cope with suffering seemed unavailable, and many felt they were running on empty and, ultimately, impotent as nurses. Feelings of irritability, anger, and negativity arose, though participants described denying or ignoring these emotions as a way to try to survive their work day. Difficulties with work carried over into the nurses? personal lives, affecting their relationships with family and friends. Such experiences invariably called into question the participants? identity, causing them to reflect on the kind of nurse they were. The participants? compassion fatigue created a sense of hopelessness regarding positive change, although some nurses described strategies that seemed to help alleviate their compassion fatigue. (shrink)

Mixed member legislative systems have proliferated in the last twenty years, and while our knowledge of the institutional impacts has grown, we have had difficulty in separating institutional and contextual (namely party) influences. Through an analysis of Taiwan before and after the implementation of a mixed member majoritarian (MMM) system, the level of contamination between tiers and variance between parties becomes clearer. Survey results show a marked shift in constituency focus for district candidates, moving from multimember to single-member (...) districts, while party list seats focus on district factors at higher rates post-reform. Variance between the two major parties further suggests differing levels of party pressure. (shrink)

Collective rationality has attracted much attention by formal theorists, but philosophically, much of it is still poorly understood. The difficulties are easily motivated. As long as we only aggregate preferences (as we do in the case of majoritarian decision-making), there are different proposals for how to do so, and arguments on their behalves can be developed. However, there are voting methods that use rankings other than ordinal ones, and arguments for specific preference-based methods fail to be effective against such (...) methods. For example, no such argument can address a proposal that, say, a committee should make a hiring decision by using a 100-point system. On this proposal, each committee member assigns between 0 and 100 points to each applicant, and then these assignments are aggregated by, for example, averaging. Would that system be as reasonable as purely preference-based methods? Or can we distinguish conditions under which ordinal rankings are appropriate from conditions under which other rankings are appropriate? Such questions call for a theory of voting methods that assesses, first, the conditions under which particular kinds of rankings are appropriate (e.g., ordinal or point systems); second, what specific voting method(s) is (are) appropriate for the specific kinds of rankings; and third, what the criteria for appropriateness are in both cases. Recall that I explained at the start that my most of my research could be understood as interrogating notions of justice and fairness: it is through this search for criteria of appropriateness that considerations of fairness enter here. We are far from having such a theory, and it is precisely this point that keeps me fascinated with this area. (shrink)

What should we do about “tainted” public commemorations? Recent events have highlighted the urgency of reaching a consensus on this question. However, existing discussions appear to be dominated by two naïve opposing views – to remove or preserve them. My aims in this essay are two-fold. First, I argue that the two views are not naïve, but undergirded by concerns with securing self-respect and with the character of our engagement with the past. Second, I offer a qualified defence of vandalising (...) tainted commemorations. The defence comprises two parts. I consider two prominent suggestions – to install counter-commemorations and to add contextualising plaques – and argue that they are typically beset with difficulties. I then argue that in some circumstances, constrained vandalism is a response to tainted commemorations which effectively adjudicates the demands of the two opposing views. (shrink)

In this issue of Cognition, Thompson and her colleagues challenge the results from a paper we published several years ago. That paper demonstrated that metacognitive difficulty or disfluency can trigger more analytical thinking as measured by accuracy on several reasoning tasks. In their experiments, Thompson et al. find evidence that people process information more deeply—but not necessarily more accurately—when they experience disfluency. These results are consistent with our original theorizing, but the authors misinterpret it as counter-evidence because they (...) suggest that accuracy is a measure of deeper processing rather than a contingent outcome of such processing. We further suggest that Thompson et al. err when they discriminate between “perceptual fluency” and “answer fluency,” the former of which is an element of the latter. Thompson et al. advance research by adding reaction time as a measure of deeper cognitive processing, but we caution against misinterpreting the meaning of accuracy. (shrink)

Long considered "the noblest of the senses," vision has increasingly come under critical scrutiny by a wide range of thinkers who question its dominance in Western culture. These critics of vision, especially prominent in twentieth-century France, have challenged its allegedly superior capacity to provide access to the world. They have also criticized its supposed complicity with political and social oppression through the promulgation of spectacle and surveillance. Martin Jay turns to this discourse surrounding vision and explores its often contradictory implications (...) in the work of such influential figures as Jean-Paul Sartre, Maurice Merleau-Ponty, Michel Foucault, Jacques Lacan, Louis Althusser, Guy Debord, Luce Irigaray, Emmanuel Levinas, and Jacques Derrida. Jay begins with a discussion of the theory of vision from Plato to Descartes, then considers its role in the French Enlightenment before turning to its status in the culture of modernity. From consideration of French Impressionism to analysis of Georges Bataille and the Surrealists, Roland Barthes's writings on photography, and the film theory of Christian Metz, Jay provides lucid and fair-minded accounts of thinkers and ideas widely known for their difficulty. His book examines the myriad links between the interrogation of vision and the pervasive antihumanist, antimodernist, and counter-enlightenment tenor of much recent French thought. Refusing, however, to defend the dominant visual order, he calls instead for a plurality of "scopic regimes." Certain to generate controversy and discussion throughout the humanities and social sciences, _Downcast Eyes_ will consolidate Jay's reputation as one of today's premier cultural and intellectual historians. (shrink)

This article examines the problematic phenomenon of political naming through conceptual history. It is evident that illiberal is an ambiguous term and determining what it means is challenging, not to mention the political aspects of the name itself. We claim that naming is a political act par excellence and test our hypothesis by examining Viktor Orbán’s Băile Tuşnad speeches between 2014 and 2019 and the annual State of the Nation speeches between 2015 and 2020. We claim that even Orbán has (...) difficulties in naming his political system. Moreover, we link naming to discussions concerning democracy. In Hungary, this “illiberal” position enables a ruling party to act in accordance with a purely majoritarian form of democracy, that is, to implement legislation with very little regard to the opposition, and by concentrating power to the party and especially to its leader. (shrink)

This article examines ontological/dynamical aspects of emergence, specifically the micro-macro relation in cases of universal behavior. I discuss superconductivity as an emergent phenomenon, showing why microphysical features such as Cooper pairing are not necessary for deriving characteristic properties such as infinite conductivity. I claim that the difficulties surrounding the thermodynamic limit in explaining phase transitions can be countered by showing how renormalization group techniques facilitate an understanding of the physics behind the mathematics, enabling us to clarify epistemic and ontological aspects (...) of emergence. I close with a discussion of the impact of these issues for questions concerning natural kinds. (shrink)

We are all, I take it, unshakably sure that we are each in a special position to report, or to know, or to witness or experience a set of something-or-others we may call, as neutrally as possible, elements of our own conscious experience. In short, we all believe in the doctrine of privileged access, however much we disagree or are uncertain about what we mean by privilege and access. Yet trying to make sense of this well-entrenched and highly intuitive doctrine (...) is a frustrating and tantalizing job, nor does denying the doctrine root and branch sit any more comfortably. There is a curious evanescence and incompleteness to philosophical accounts of privileged access, and I suspect the difficulty lies in the larger strategy philosophers have often quite reasonably adopted: they have set out to compose accounts of privileged access that are intuitive throughout, when in fact the only hope of giving any coherent account of any form of privileged access requires radical surgery on our intuitions, requires defending an initially counter-intuitive thesis. (shrink)

Luck egalitarianism, a theory of distributive justice, holds that inequalities which arise due to individuals’ imprudent choices must not, as a matter of justice, be neutralized. This article deals with the possible application of luck egalitarianism to the area of health care. It seeks to investigate whether the ethos of luck egalitarianism can be operationalized to the point of informing health care policy without straying from its own ideals. In the transition from theory to practise, luck egalitarianism encounters several difficulties. (...) We argue that the charge of moral arbitrariness can, at least in part, be countered by our provided definition of “imprudent actions” in the health area. We discuss the choice for luck egalitarianism in health care between ex ante and ex post policy approaches, and show how both approaches are flawed by luck egalitarianism’s own standards. We also examine the problem of threshold setting when luck egalitarianism is set to practise in health care. We argue that wherever policy thresholds are set, luck egalitarianism in health care risks pampering the imprudent, abandoning the prudent or, at worst, both. Furthermore, we claim that moves to mitigate these risks in turn diminish the normative importance of the ethos of luck egalitarianism to policy. All in all, our conclusion is that luck egalitarianism cannot be consistently applied as a convincing and relevant normative principle in health care policy. (shrink)

Recently, international funding agencies and practitioners in the area of corporate social responsibility and small and medium enterprises have argued that microfinance institutions could promote the adoption of environmentally friendly business practices in microenterprises in developing countries. This article explores the potential and limitations of MFIs in promoting the spread of environmental risk management techniques and practices in microenterprises using a case study of an MFI-sponsored pilot program in this area in El Salvador. The author argues that caution should be (...) exercised about the role that MFIs can play in relation to inducing change to the environmentally harmful practices of micro-entrepreneurs. In fact, this study reveals that the MFI had some difficulties in building internal skills and reconciling its environmental and performance objectives, limiting its ability to assist microenterprises in the area of environmental management. Furthermore, the pilot program, as it was designed, did not sufficiently take into account the psychological and financial barriers that constrain micro-entrepreneurs’ capacity to engage in any meaningful environmental behavior change. Finally, factors such as the lack of an adequate legal framework and local infrastructure also countered the effort of the MFI and limited the potential of microenterprises for effectively engaging in environmental risk management practices. The article concludes by outlining the implications of this analysis for future research, policy, and practice in this area. (shrink)

Abstract According to John Dupré, the metaphysics underpinning modern science posits a deterministic, fully law?governed and potentially fully intelligible structure that pervades the entire universe. To reject such a metaphysical framework for science is to subscribe to ?the disorder of things?, and the latter, according to Dupré, entails the impossibility of a unified science. Dupré's argument rests crucially upon purported disunities evident in the explanatory practices of science. I critically examine the implied project of drawing metaphysical conclusions from epistemological premisses (...) concerning the nature of our explanatory practices. I then argue that Dupré fails to answer a particular argument for the ontological unity of science that rests upon assumptions about the causal structure of the world. This ?causal? argument for the unity of science might be countered by a more radical metaphysical revisionism. The latter, however, seems unable to account for features of our explanatory practices that testify to a measure of explanatory unity in science. I conclude by sketching a strategy that might enable the revisionist to overcome such difficulties. (shrink)

In recent decades, several theories have claimed to explain the teleological causality of organisms as a function of self-organising and self-producing processes. The most widely cited theories of this sort are variations of autopoiesis, originally introduced by Maturana and Varela. More recent modifications of autopoietic theory have focused on system organisation, closure of constraints and autonomy to account for organism teleology. This article argues that the treatment of teleology in autopoiesis and other organisation theories is inconclusive for three reasons: First, (...) non-living self-organising processes like autocatalysis meet the defining features of autopoiesis without being teleological; second, organisational approaches, whether defined in terms of the closure of constraints, self-determination or autonomy, are unable to specify teleological normativity, that is, the individuation of an ultimate beneficiary; third, all self-organised systems produce local order by maximising the throughput of energy and/or material (obeying the maximum entropy production (MEP) principle) and thereby are specifically organised to undermine their own critical boundary conditions. Despite these inadequacies, an alternative approach called teleodynamics accounts for teleology. This theory shows how multiple self-organising processes can be collectively linked so that they counter each other’s MEP principle tendencies to become codependent. Teleodynamics embraces – not ignoring – the difficulties of self-organisation, but reinstates teleology as a radical phase transition distinguishing systems embodying an orientation towards their own beneficial ends from those that lack normative character. (shrink)

I defend a radical interpretation of biological populations—what I call population pluralism—which holds that there are many ways that a particular grouping of individuals can be related such that the grouping satisfies the conditions necessary for those individuals to evolve together. More constraining accounts of biological populations face empirical counter-examples and conceptual difficulties. One of the most intuitive and frequently employed conditions, causal connectivity—itself beset with numerous difficulties—is best construed by considering the relevant causal relations as ‘thick’ causal concepts. (...) I argue that the fine-grained causal relations that could constitute membership in a biological population are huge in number and many are manifested by degree, and thus we can construe population membership as being defined by massively multidimensional constructs, the differences between which are largely arbitrary. I end by showing that positions in two recent debates in theoretical biology depend on a view of biological populations at odds with the pluralism defended here. (shrink)

Is childhood valuable? And is childhood as, less, or more, valuable than adulthood? In this article I first delineate several different questions that we might be asking when we think about the ‘value of childhood’, and I explore some difficulties of doing so. I then focus on the question of whether childhood is good for the person who experiences it. I argue for two key claims. First, if childhood wellbeing is measured by the same standards as adulthood, then children are (...) worse off than adults. Second, if childhood and adulthood wellbeing are measured by different standards, then we cannot compare them, and children are neither better off nor worse off than adults. This has some counter-intuitive implications, such as that we do not harm persons by depriving them of a childhood, nor by keeping them as children for elongated periods. (shrink)

In this paper, I credit Quine with having implicitly held a view I had long urged on him: externalism. Quine was the first fully to recognize that all there is to meaning is what we learn or absorb from observed usage. This entails the possibility of indeterminacy, thus destroying the myth of meanings. It also entails a powerful form of externalism. There is, of course, a counter-current in Quine's work of the mid century: the idea of stimulus meaning. Attractive (...) as this choice of empirical base is compared to such options as sense data, appearances, and percepts, it has serious difficulties. In general, an externalism which ties the contents of observation sentences and perceptual beliefs directly to the sorts of situations that usually make them true is superior to those forms of empiricism which introduce intermediaries between word and object. (shrink)