_Despite advances in standard of living of the population, the condition of widows and divorced women remains deplorable in society. The situation is worse in developing nations with their unique social, cultural and economic milieu, which at times ignores the basic human rights of this vulnerable section of society. A gap exists in life expectancies of men and women in both developing and developed nations. This, coupled with greater remarriage rates in men, ensures that the number of widows continues to (...) exceed that of widowers. Moreover, with women becoming more educated, economically independent and aware of their rights, divorce rates are increasing along with associated psychological ramifications. The fact that widowed/divorced women suffer from varying psychological stressors is often ignored. It has been concluded in various studies that such stressors could be harbingers of psychiatric illnesses (e.g., depression, anxiety, substance dependence), and hence should be taken into account by treating physicians, social workers and others who come to the aid of such women. A change in mindset of the society is required before these women get their rightful place, for which a strong will is needed in the minds of the people, and in law-governing bodies._. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

Mrs. K is a thirty-one-year-old Russian-speaking mother of two, who was brought in by ambulance after attempting suicide by jumping in front of train. Probable depression x months. Stressor: lost custody battle over older child. Current status: deep coma, ventilator-dependent, and prognosis grim. Next of kin is estranged husband; he demands participation in medical decision making. Legal proxy is patient's boyfriend; forcibly removed from the intensive care unit for agitated behavior and alcohol intoxication.I magine the difficulty for the ICU staff (...) as it tries to patch together the broken body of Mrs. K, described above. If, as appears likely, the physicians’ efforts begin to fail, who will speak for this patient, who can no longer speak for herself, and determine the appropriate goals and limits of intensive medical care? (shrink)

Mrs. K is a thirty-one-year-old Russian-speaking mother of two, who was brought in by ambulance after attempting suicide by jumping in front of train. Probable depression x months. Stressor: lost custody battle over older child. Current status: deep coma, ventilator-dependent, and prognosis grim. Next of kin is estranged husband; he demands participation in medical decision making. Legal proxy is patient's boyfriend; forcibly removed from the intensive care unit for agitated behavior and alcohol intoxication.I magine the difficulty for the ICU staff (...) as it tries to patch together the broken body of Mrs. K, described above. If, as appears likely, the physicians’ efforts begin to fail, who will speak for this patient, who can no longer speak for herself, and determine the appropriate goals and limits of intensive medical care? (shrink)

Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad (...) theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. (shrink)

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as, at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions are (...) a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the 21st century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship between emotions and key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced (...) a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles. (shrink)

" In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the ...

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion. International expert contributors take multidisciplinary approaches, drawing on neuroscience, philosophy, literary theory, psychology, history, and sociology to examine the role of a wide range of emotions across a variety of legal contexts. Chapters consider how the rich tapestry of human emotion impacts legal actors, influences legal doctrine, and shapes the dynamics of legal institutions. (...) Moving beyond legal contexts traditionally considered rife with emotion such as the criminal law and jury trials, the Handbook explores how emotion relates to contracts, property, bankruptcy, international law, and truth and reconciliation commissions. It also reflects on the importance of research methodologies, theories, and techniques for assessing the role of emotion in the legal arena. Surveying the depth and complexity of law and emotion across a panoply of legal actions, institutional contexts, and legal doctrines, this Research Handbook will be critical reading for academics and students of legal theory and legal philosophy. Its detailed examination of emotions in the practice of private, public, international, and criminal law will also be beneficial for lawyers, judges, and policymakers. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence.

In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines (...) into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent. (shrink)

Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals (...) other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. (shrink)

Social interaction and the constitution of mediated and nested space in the court of appeal -- Conclusion -- Concluding remarks: On becoming juridical -- Ways of spacing law and politics -- Becoming juridical -- Towards hybrid juridical spaces -- References -- Index.

Law and the Unconscious: A Legendre Reader is e first work of the French legal philosopher Pierre Legendre to appear in English. Trained as a lawyer, a historian and a psychoanalyst, the work of Pierre Legendre has consistently confronted law with the teaching and methods of psychoanalysis. The present collection of essays addresses a fascinating and diverse set of themes including the doctrinal regulation of tears, dance and law, the desire for the absolute, the war of the texts, and the (...) power of the images. (shrink)

What does the law want? -- How the law thinks -- How the law works -- The litigious mind -- Tyranny of the mind -- Lawyers in love -- Staying and going -- Soul values.

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated in (...) troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of (...) the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. Matthias Mahlmann is University Professor, Chair of Philosophy and Theory of Law, Legal Sociology and International Public Law at the University of Zurich. (shrink)

With the increasingly serious employment situation in China, the government and schools encourage college students to start businesses to alleviate employment pressure. College student's successful entrepreneurship depends on national preferential policies, social support, and, most importantly, their healthy and solid psychological quality and entrepreneurial psychological quality. The purpose is to understand the entrepreneurial psychology of college students and study the entrepreneurial psychological effect. Firstly, the four aspects of entrepreneurial psychology are summarized, including entrepreneurial awareness, entrepreneurial volition, (...) entrepreneurial ability, and entrepreneurial personality. Secondly, the research status of college students' entrepreneurial psychology is reviewed, and the existing problems are pointed out. Thirdly, the combined model of wavelet transform and Neural Network is proposed, and the feasibility of the proposed model is evaluated through the analysis of college students' entrepreneurial psychology. The wavelet NN is used in experimental design to predict college students' entrepreneurial psychology, and the predicted results are compared with the actual value. From the perspective of the prediction results of entrepreneurial psychology, the combination of wavelet algorithm and neural network is more accurate for entrepreneurial psychology prediction and evaluation results of law students. Overall, the difference between the predicted value and the actual value is within 0.3 points, which is relatively stable. According to the analysis of single-factor results, the scores of students of different majors in the four dimensions of entrepreneurial psychology are all higher than 3.5, but there is no significant difference among the four dimensions, indicating that the major has no significant impact on entrepreneurial psychology; law students with different educational backgrounds have significant differences in entrepreneurial psychology, among which students with a master's degree have the strongest entrepreneurial will, while doctoral students have the lowest entrepreneurial will; in terms of entrepreneurial psychological capital, men's self-efficacy is higher than women's, and the difference is significant. The difference between males and females in the scores of entrepreneurial psychological factors' four aspects is not very obvious. In terms of entrepreneurial psychological capital, males' self-efficacy is significantly higher than females'. Artificial Intelligence technology has great application prospects in the prediction and evaluation of college students' entrepreneurial psychology, and college students' entrepreneurial psychology is highly correlated with gender and education. (shrink)

In the so-called agreement model of psychic conformity, the passions do not retain their former character, only under tighter rein, but take on a new character altogether. In the competing control model, the passions may conform to reason, but they never change their character so as to cooperate with reason, just as a trained lion conforms to the commands of a tamer whose direction it is never capable of internalizing and cooperating. This chapter argues that these two models appear together (...) in Plato for the simple reason that each captures, in its own way, aspects of our psychology Plato finds too important to ignore. It is further argued that without a psychological model of the agent as a whole, Plato lacks the psychological underpinnings for an account of virtue as the transformation of the agent as a whole, and thus for an account of happiness that is holistic rather than dimensional, consisting not in one's flourishing in some dimension of one's life but in one's flourishing as a harmoniously integrated whole. Consequently, Plato offers a compelling ethical and value-theoretical account of pleasure as a conditional good that is rationally incorporated by practical intelligence, but lacks an adequate unified psychology of the affective and rational activities of the soul to underwrite that ethical and value-theoretical account. (shrink)

This is a collection of essays touching on four distinct areas of interest to philosophers, lawyers, and political scientists: the philosophical justification for the adversary system; the problems of truth-finding in an adversarial setting; the issue of justice in relation to social policy-making; the right to privacy.

Rosenberg applies current thinking in philosophy of science to neoclassical economics in order to assess its claims to scientific standing. Although philosophers have used history and psychology as paradigms for the examination of social science, there is good reason to believe that economics is a more appropriate subject for analysis: it is the most systematized and quantified of the social sciences; its practitioners have reached a measure of consensus on important aspects of their subject; and it encompasses a large (...) number of apparently law-like propositions. (shrink)

In this follow up to I Was Wrong: The Meanings of Apologies, Nick Smith expands his ambitious theories of categorical apologies to civil and criminal law. After rejecting court-ordered apologies as unjustifiable humiliation, this book explains that penitentiaries were originally designed to bring about penance - something like apology - and that this tradition has been lost in the assembly line of mass incarceration. Smith argues that the state should modernize these principles and techniques to reduce punishments for offenders who (...) demonstrate moral transformation through apologizing. Smith also explains the counterintuitive situation whereby apologies come to have considerable financial worth in civil cases because victims associate them with priceless matters of the soul. Such confusions allow powerful wrongdoers to manipulate perceptions to disastrous effect, such as when corporations or governments assert that apologies do not equate to accepting blame or require reform or redress. (shrink)

What drives us to make decisions? Future-Minded explores the psychological processes of agency and control. If you've ever wondered why we think of coincidences as matters of fate rather than the result of the laws of probability, this book provides the answer. From memory and reasoning to our experiences of causality and consciousness, it unpicks the mechanisms we use on a daily basis to help us predict, plan for and attempt to control the future. Future-Minded - Features a wealth (...) of real world examples to help you engage with this fast-developing area. - Provides clear analysis of psychological experiments and their findings to explain the evidence behind the theory. Thought-provoking and highly topical, Future-Minded is fascinating reading for psychology students studying cognition or consciousness, and for anyone interested in understanding how we try to determine the future. (shrink)

This book reviews and presents antitrust law compliance programmes from different angles. These programmes have been increasingly implemented and refined by firms over recent years, and various aspects of this topic have been researched. The contributions in this book extend beyond the treatment of legal issues and show how lawyers, economists, psychologists, and business scholars can help design antitrust law compliance programmes more effectively and run them more efficiently.

Examining the psychology of Supreme Court decision-making, this book seeks to understand almost all aspects of the Supreme Court's functioning from a psychological perspective. It addresses many factors of influence, including the background of the justices, how they are nominated and appointed, the role of their law clerks, and more.

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...) fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

_The Female Trickster_ presents a Post-Jungian postmodern perspective regarding the role of women in contemporary Western society by investigating the re-emergence of female trickster energy in all aspects of popular culture. Ricki Tannen explores the psychological aspects of what happened when women’s imagination was legally and psychologically enclosed millennia ago and demonstrates how the re-emergence of Trickster energy through the female imagination has the radical potential to effect a transformation of western consciousness. Examples are drawn from a (...) diverse range of sources, from Jane Austen, and female sleuth narratives, to Madonna and Sex and the City, illustrating how Trickster energy is used not to maintain power and control but to integrate and unite the paradoxical through humour. Subjects covered include: imagination and metaphor the traditional trickster law and the imagination humour: Eros using logos the postmodern female trickster. This highly original perspective on women's role in contemporary culture will offer readers a new vision of how humour psychologically operates as a healthy adaptation to trauma and adversity. It will be of great interest to all analytical psychologists and psychoanalysts as well as those in women's, cultural, legal and literary studies. (shrink)

The quest for autonomy : modern jurisprudence and the Oresteia -- Dilemmas of the self : law and confession -- Rationality and imagination in the law : Jürgen Habermas and Wallace Stevens.

This article examines the nature of rationality. The domain of rationality is customarily divided into the theoretical and the practical. Whereas theoretical or epistemic rationality is concerned with what it is rational to believe, and sometimes with rational degrees of belief, practical rationality is concerned with what it is rational to do, or intend or desire to do. This article raises some of the main issues relevant to philosophical discussion of the nature of rationality. Discussions of the nature of practical (...) rationality and reason concern norms of choice, and it seems that if such norms are not arbitrary, arguments over what those norms are must ultimately be a theoretical matter. Furthermore, this article explores rationality's role in and relation to other domains of inquiry: psychology, gender, personhood, language, science, economics, law, and evolution. (shrink)

A series of recent studies have explored the impact of people's judgments regarding physical law, morality, and probability. Surprisingly, such studies indicate that these three apparently unrelated types of judgments often have precisely the same impact. We argue that these findings provide evidence for a more general hypothesis about the kind of cognition people use to think about possibilities. Specifically, we suggest that this aspect of people's cognition is best understood using an idea developed within work in the formal semantics (...) tradition, namely the notion of modality. On the view we propose, people may have separate representations for physical, moral and probabilistic considerations, but they also integrate these various considerations into a unified representation of modality. (shrink)

Rev. translation of Psychoanalytic jurisprudence.

How do we think about animals? How do we decide what they deserve and how we ought to treat them? Subhuman takes an interdisciplinary approach to these questions, drawing from research in philosophy, neuroscience, psychology, law, history, sociology, economics, and anthropology. Subhuman argues that our attitudes to nonhuman animals, both positive and negative, largely arise from our need to compare ourselves to them.

In recent years, 'nudge units' or 'behavioral insights teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, choice (...) architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people's attitudes towards a broad range of nudges, choice architecture, and mandates. (shrink)

This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its (...) main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole. (shrink)

This volume, edited by three leading proponents and practitioners of human science psychology, serves as an invitation to readers new to this approach while also renewing that invitation to those who have long embraced and advanced research in the field from this perspective. It is a timely and important invitation. In 2009, the American Psychological Association declared psychology to be a core STEM (science, technology, engineering, mathematics) discipline and advocated the teaching and practice of psychology with this natural science (...) understanding in mind, but in 2014 further reaffirmed alternative methods by adding a new journal, Qualitative Psychology. The varied essays in this volume, certainly, bolster the view that a purely STEM-centered vision would ignore much about the very experience of being human.In fact, it would be dangerous to rely solely on the methods of the natural sciences to study human beings, who operate in the realm of meanings, lived experience, and complex and complicated relationships with self and others. We create societies and belief systems, orient ourselves in time, experience beauty and pain. The Qualitative Vision for Psychology: An Invitation to a Human Science Approach argues that because we have aspects that are distinctly and uniquely human -- we are not rats, hydrogen, or rocks, for example -- this necessitates a distinctly human science, one that regards persons as humans rather than objects of study. The laws and formulas of the natural sciences simply do not take into account that particularly human way of being in the world.There are few comprehensive books on psychology conceived as a human science, even though it has a long history with roots in phenomenology, existentialism, psychoanalysis, humanistic psychology, and hermeneutics. In recent years, as these essays discuss, the field has been transformed through its contact with feminism, critical historical analysis, and deconstruction, and it has continued to examine new challenges. Further, we see here its specific applicability to issues as diverse as empathy, cultural history, apartheid, sexual assault, fetishes, and our natural environment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.2 (2002) 273-274 [Access article in PDF] Book Review Aspects of Reason Paul Grice. Aspects of Reason. New York: Oxford University Press, 2001. Pp. xxxviii + 136. Cloth, $29.95. H. P. Grice made it clear in some of his best works that he was a friend of reason. In "Logic and Conversation," he suggested that it was plausible that the general (...) principles regulating conversation are instantiations of principles of reason. His friendship with reason is central to Aspects of Reason, a revision of the John Locke Lectures given at Harvard. Unfortunately, not far into reading Aspects of Reason, Wittgenstein's quip, "A philosophical problem has the form: 'I don't know my way about'" (Philosophical Investigations, paragraph 123) came to mind and it did not leave me for the rest of the book. (See Grice's own admission on page 4.)As best I can tell, Grice has two main goals. The first is to show that theoretical (or alethic) reasoning and practical reasoning are at bottom the same. Aristotle and Kant held the same thing, as Grice notes more than once. Pace many philosophers who hold that 'ought' does not mean the same thing in the sentences 'She ought to repay the loan' and 'He ought to be home by this time,' Grice holds that it does. That is, the practical 'ought' and the alethic 'ought' have the same sense or senses. While the thesis is clear enough, Grice's path to proving it is not sufficiently clear. He claims that the same general sense of 'rational acceptability' is involved in each sentence. This claim is not informative because the idea of acceptability is no clearer than the claim roughly that 'ought' has the same sense in both its alethic and practical uses. (The editor Richard Warner recognizes this, and tries to shore up Grice's view; see xvi-xvii.)The second of Grice's main goals is to prove that modals in both alethic and practical sentences are conditional. In effect, sentences that say something ought to be the case or ought to be done are conditioned on some premises from which the sentence is or may be logically derived. (Nonetheless, he thinks some sentences with modals are a priori and underived.)There are too many promissory and subjunctive gestures like this: "I suspect that such a reply could be constructed, but I do not have it at my fingertips (or tongue-tip), so I shall not try to produce it." And too many prepositional phrases, under the shared command of abstract nouns and verbs in the passive voice, march single file through the pages, e.g.: "a brief consideration of what modifications might be required or convenient for the employment of mode-markers in the representation of the content of thought (or acceptance)" (70). Some of the few substantive results seem to me to be prolix: Let us suppose it to be a fundamental psychological law that, ceteris paribus, for a creature x (of a sufficiently developed kind), no matter what A and B are, if x wills A and judges that if A, A only as a result of B, then x wills B. This I take to be a proper representation of "he who wills the end, wills the indispensable means"; and in calling it a fundamental law I mean that it is the law, or one of the laws, from which 'willing'... (94-5) and so on.A large part of the problem, I think, is that Grice does not pay much attention to the ordinary uses in which 'reason' or some cognate might be used nor to the ordinary circumstances [End Page 273] in which people are reasoning even if none of them uses the word 'reason' or its cognates. His brief excursion into uses of 'reason' are dominated by such stilted expressions as 'The fact that p was reason for thinking that q,' 'That p was reason to think that q," and 'He had reason to think that p but he seemed unaware of the fact' (39).The editor Richard... (shrink)

Of silence, paradoxically, one can only speak. By virtue of the alliance that unites reason and language, the capacity to name and to address indeed obeys a certain desire to restrain excessive communication. Laughter, tears and silence are part of the expressive world: however, they attest to the impossible pitfall of words in the socializing function that we accord them. Of extreme sociality, of meaning that exceeds the bearable, the suitability and the commerce of ideas, the only thing that rises (...) to the surface of the perceptible is that emotional logic whose significations shatter every criterion of certitude and of truth on the real. Confronted with three forms of experience of the unspeakable, we ordinarily allow ourselves to lend credit to the spontaneity of the first two (laughter and tears), while the symbolic dimension of silence seems to derive from an invisible orchestration, from a rather simple calculation or from a more elaborate strategy. This difference in nature is essential, and no one would dream of equating what “can” not be said with what “should” not be said. Silence exists as a sort of constraint, interiorized at various levels of the personality, and thereby more social than psychological. Even the involuntary silence of the unknowing person can be codified: as a disciplined avowal or the politeness of the humble who neither tolerates nor imagines any escape from his embarrassment. If speech is born in the abandon of a burst of expressivity, in hilarity or in sobs, it expires in a law, no less severe than the one which endows phrases with semantic coherence. Such a rule thus manifests a universal character socially more affirmed than the multiple syntaxes that organize each linguistic patrimony. That muteness can also be subject to a particular form of apprenticeship shows how each process of socialization determines the price of the communicable and assigns a value to the unformulated. Without pretending to offer a strict typology of this phenomenon, I will distinguish five classes that are capable of comprising its collective aspects. (shrink)

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By revealing (...) the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

To advance a successful reading of Kant's theory of motivation, his interpreter must have a carefully developed position on the relation between our rational and sensible capacities of mind. Unfortunately, many of Kant's commentators hold an untenably dualistic conception, understanding reason and sensibility to be necessarily conflicting aspects of human nature that saddle Kant with a rigoristic and fundamentally divided moral psychology. Against these interpreters, I argue for a reading that maintains a unified conception, claiming that we must think (...) of reason and sensibility as interdependent capacities, which stand to one another as form to matter. Our sensible nature thus does not stand opposed to reason; its fundamental character is determined by reason's activity. I take Kant's account of moral motivation and the feeling of respect to represent the lynchpin of this unified account. Against interpreters who would emphasize either the intellectual or affective nature of respect, I claim that it should be understood as the formal element of moral sensibility, the result of practical reason determining the capacity to feel and fundamentally transforming its character. To make this argument, I draw on Kant's account of sensibility in the Critique of Pure Reason, claiming that space, time, and respect for the moral law are analogous formal elements of sensibility. (shrink)

In the Laws, Plato theorizes citizenship as simultaneously a political, ethical, and aesthetic practice. His reflection on citizenship finds its roots in a descriptive psychology of human experience, with sentience and, above all, volition seen as the primary targets of a lifelong training in the values of citizenship. In the city of Magnesia described in the Laws erôs for civic virtue is presented as a motivational resource not only within the reach of the 'ordinary' citizen, but also factored by default (...) into its educational system. Supporting a vision of 'perfect citizenship' based on an internalized obedience to the laws, and persuading the entire polity to consent willingly to it, requires an ideology that must be rhetorically all-inclusive. In this city 'ordinary' citizenship itself will be troped as a performative action: Magnesia's choral performances become a fundamental channel for shaping, feeling and communicating a strong sense of civic identity and unity. (shrink)