The national ethical guidelines relevant to assisted reproductive technology have recently been reviewed by the National Health and Medical Research Council. The review process paid particular attention to the issue of non-medical sex selection, although ultimately, the updated ethical guidelines maintain the pre-consultation position of a prohibition on non-medical sex selection. Whilst this recent review process provided a public forum for debate and discussion of this ethically contentious issue, the Victorian case of JS and LS v Patient Review Panel  (...) VCAT 856 provides a rare instance where the prohibition on non-medical sex selection has been explored by a court or tribunal in Australia. This paper analyses the reasoning in that decision, focusing specifically on how the Victorian Civil and Administrative Tribunal applied the statutory framework relevant to ART and its comparison to other uses of embryo selection technologies. The Tribunal relied heavily upon the welfare-of-the-child principle under the Assisted Reproductive Treatment Act 2008. The Tribunal also compared non-medical sex selection with saviour sibling selection. Our analysis leads us to conclude that the Tribunal’s reasoning fails to adequately justify the denial of the applicants’ request to utilize ART services to select the sex of their prospective child. (shrink)
The UK Supreme Court in Montgomery v Lanarkshire Health Board adopts an approach to information disclosure in connection with clinical treatment that moves away from medical paternalism towards a more patient-centred approach. In doing so, it reinforces the protection afforded to informed consent and autonomous patient decision making under the law of negligence. However, some commentators have expressed a concern that the widening of the healthcare providers’ duty of disclosure may provide impetus, in future cases, for courts to adopt a (...) more rigorous approach to the application of causation principles. The aim would be to limit liability but, in turn, it would also limit autonomy protection. Such a restrictive approach has recently been adopted in Australia as a result of the High Court decision in Wallace v Kam. This paper considers whether such an approach is likely under English negligence law and discusses case law from both jurisdictions in order to provide a point of comparison from which to scope the post- Montgomery future. (shrink)
Malcolm Jeeves, ed., Rethinking Human Nature: A Multidisciplinary Approach Content Type Journal Article Category Book Review Pages 269-270 Authors Christian Smith, Department of Sociology, University of Notre Dame, Notre Dame, IN 46556, USA Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 11 Journal Issue Volume 11, Number 2 / 2012.
Governing Animals explores the role of the liberal state in protecting animal welfare. Examining liberal concepts such as the social contract, property rights, and representation, Kimberly K. Smith argues that liberalism properly understood can recognize the moral status and social meaning of animals and provides guidance in fashioning animal policy.
Violence in schools is a pervasive, highly emotive and, above all, global problem. Bullying and its negative social consequences are of perennial concern, while the media regularly highlights incidences of violent assault - and even murder - occurring within schools. This unique and fascinating text offers a comprehensive overview and analysis of how European nations are tackling this serious issue. _Violence in Schools: The Response in Europe_, brings together contributions from all EU member states and two associated states. Each chapter (...) begins by clearly outlining the nature of the school violence situation in that country. It then goes on to describe those social policy initiatives and methods of intervention being used to address violence in schools and evaluates the effectiveness of these different strategies. Commentaries from Australia, Israel and the USA and an overview of the book's main themes by eminent psychologist Peter K. Smith complete a truly international and authoritative look at this important - and frequently controversial - subject. This book constitutes an invaluable resource for educational administrators, policymakers and researchers concerned with investigating, and ultimately addressing, the social and psychological causes, manifestations and effects of school violence. (shrink)
This important contribution to the ground-breaking Radical Orthodoxy series revisits the works of Husserl, Heidegger, Augustine and Derrida to reconsider the challenge of speaking of God through predication, silence, confession and praise. James K. A. Smith argues for God's own refusal to avoid speaking as well as for our urgent need of words to make Him visible to us. This leads to a radical new "incarnational phenomenology" in which God's love endows imperfect signs with the means to indicate true (...) states of infinitude, and in which we may ultimately discover a new theology of the arts. (shrink)
How does worship work? How exactly does liturgical formation shape us? What are the dynamics of such transformation? In the second of James K. A. Smith's three-volume theology of culture, the author expands and deepens the analysis of cultural liturgies and Christian worship he developed in his well-recieved Desiring the Kingdom. He helps us understand and appreciate the bodily basis of habit formation and how liturgical formation - both "secular" and Christian - affects our fundamental orientation to the world. (...) Worship "works" by leveraging our bodies to transform our imagination, and it does this through stories we understand on a register that is closer to body than mind. This has critical implications for how we think about Christian formation. (shrink)
In this multi-faceted volume, Christian and other religiously committed theorists find themselves at an uneasy point in history—between premodernity, modernity, and postmodernity—where disciplines and methods, cultural and linguistic traditions, and religious commitments tangle and cross. Here, leading theorists explore the state of the art of the contemporary hermeneutical terrain. As they address the work of Gadamer, Ricoeur, and Derrida, the essays collected in this wide-ranging work engage key themes in philosophical hermeneutics, hermeneutics and religion, hermeneutics and the other arts, hermeneutics (...) and literature, and hermeneutics and ethics. Readers will find lively exchanges and reflections that meet the intellectual and philosophical challenges posed by hermeneutics at the crossroads. Contributors are Bruce Ellis Benson, Christina Bieber Lake, John D. Caputo, Eduardo J. Echeverria, Benne Faber, Norman Lillegard, Roger Lundin, Brian McCrea, James K. A. Smith, Michael VanderWeele, Kevin Vanhoozer, and Nicholas Wolterstorff. (shrink)
As so often with his published texts, the experience of reading Nietzsche’s notebooks is at once mesmerising and infuriating. One is in the presence of a thinker who, on the one hand, meditates deeply on fundamental issues in philosophy and psychology but who, on the other, refuses to be pinned down. The fact that Nietzsche’s style is so elusive can account for the enormously disparate interpretations of his work and it is no surprise that his notebooks have been read in (...) the most extreme fashion. The notebooks have a chequered history having been variously touted as the crowning achievement of his philosophy, and as not repaying the effort of reading. (shrink)
Colours are not the sorts of thing that are amendable to traditional forms of scientific explanation. To think otherwise is to mistake their ontology and ignore their normativity. The acquisition and use of colour categories is constrained by the logic of colour grammars.
In 1890 Christian von Ehrenfels published his classic paper "Über 'Gestaltqualitäten'", the first systematic investigation of the philosophy and psychology of Gestalt. Ehrenfels thereby issued an important challenge to the psychological atomism that was still predominant in his day. His paper not only exerted a powerful influence on the philosophy of the Meinong school, it also marked the beginning of the Gestalt tradition in psychology, later associated with the work of Wertheimer, Köhler and Koffka in Berlin. Includes papers by C. (...) Von Ehrenfels, Kurt Grelling and Paul Oppenheim and contributions by K. Mulligan, P.M. Simons and Barry Smith. (shrink)
This study examines cheating behaviors among 422 business students at two public Association to Advance Collegiate Schools of Business-accredited business schools. Specifically, we examined the simultaneous influence of attitudinal characteristics and motivational factors on reported prior cheating behavior, the tendency to neutralize cheating behaviors, and likelihood of future cheating. In addition, we examined the impact of in-class deterrents on neutralization of cheating behaviors and the likelihood of future cheating. We also directly tested potential mediating effects of neutralization on cheating behavior. (...) Using structural equations modeling procedures, we conducted an assessment of the validity of a modified version of the K. J. Smith, Davy, Rosenberg, and Haight model of cheating behavior and its antecedents. The modified model included motivation as a potential predictor of cheating behavior. Results supported the differentiation of the theoretical constructs within the specified process model. Furthermore, tests of the aforementioned theoretical model indicated a significant positive relation between extrinsic motivation and prior cheating and a significant negative relation between both intrinsic motivation and academic performance, and prior cheating. Finally, prior cheating had a significant positive relation, whereas deterrents had a significant negative relation to likelihood of future cheating. (shrink)
_Basic principles and practical strategies to promote learning in any setting!_ From K-12 to corporate training settings––the Third Edition of Patricia Smith and Tillman Ragan’s thorough, research-based text equips you with the solid foundation you need to design instruction and environments that really facilitate learning. Now updated to reflect the latest thinking in the field, this new edition offers not only extensive procedural assistance but also emphasizes the basic principles upon which most of the models and procedures in the (...) instructional design field are built. The text presents a comprehensive treatment of the instructional design process, including analysis, strategy design, assessment, and evaluation. (shrink)
Despite the title, some of the essays are devoted to matters which are not strictly epistemological. Both Malcolm and Stoutland are concerned with accounting for the connection between intention and the object of intention. Malcolm reviews Wittgenstein's thoughts on the subject while Stoutland gives an account of intentions in terms of teleology. With an eye toward the free will and skepticism controversies, White attempts an account of "What Might Have Been," distinguishing between existential and problematic possibilities. The remaining (...) essays delve into the topics of traditional epistemology. Oliver gives "A Sober Look at Solipsism" focussing attention on its 'causal' and 'privacy' postulates. Taking up the challenge of skepticism, Unger argues that "Our Knowledge of the Material World" not only is a reality, but is a function of our immediate experience. We can't help but believe such experiences, just as dogs must. The attempt is made by Pollock to map out "The Structure of Epistemic Justification" and he eschews a deductive model of explanation in favor of showing that logical reasons are but one kind of good reason--good reasons being the stuff of justification. Knox argues that "Do Appearances Exist?" deserves an affirmative answer as a consequence of the fact that we perceive objects, given his treatment of appearances as events. This is an interesting collection of essays, albeit for the non-subscriber, an expensive one.--K. T. (shrink)
The notion of form is "the most important notion within the Critique of Aesthetic Judgment". The sensible form involved in aesthetic judgment stands in no clear relation to the formal elements of the Transcendental Aesthetic and Logic—neither to the a priori forms of space and time, nor to the categories. It is held to be the same "kind of form" as the intuitable, "empirical form" mentioned infrequently in the Pure Reason. The author attempts to establish only "what Kant meant" as (...) distinct from its "truth." He lays a bold preparation for "the suggestion... that aesthetic experience is a window, so to speak, into the noumenal world". In Ch. I he accepts a widely-held view that Kant is the discoverer of "philosophical aesthetics" or "the autonomy of the aesthetic realm." His concern is not with this historical question. Nonetheless it may be said that he is not sufficiently aware that the autonomy found in Kant is not in understanding aesthetics as a realm of art, but only in understanding aesthetic judgment in its concern with both art and nature. Accordingly the aesthetic form of objects of art and objects of nature is treated without differentiation. The author is little concerned with form in its relation to natural purposiveness, or with the relation of form in the Aesthetic Judgment to form in the Teleological Judgment. Since nature, at least in certain contexts, supplies a kind of norm for art—a "traditional" element in Kant—the author’s exposition of the manner in which art imitates nature is not entirely satisfactory. In Ch. II, the central issue is whether "individual colors and tones are more than mere sensations". If however each may be understood as "a play of sensations" they can be said to possess a "form" and may enter into aesthetic judgments. The assumption here is that only if the parts of a beautiful thing, e.g., the individual colors of a painting, are beautiful, "can the painting as a whole be a beautiful thing". But this atomistic view of the aesthetic part is subsequently modified. In Ch. III, the imagination is said to "function without the categories" in the synthesis of aesthetic forms. The author must then oppose the view of Kemp Smith and others "that there can be no cognitive awareness or consciousness apart from the categories". He relies especially on the "judgments of perception" of the Prolegomena which "require no pure concept of the understanding". The possibility is not considered that although the imagination may indeed function "autonomously"—without the categories—in the synthesis of aesthetic form, that same synthesis may presuppose a synthesis employing the categories, especially in certain types of aesthetic experience. Some valuable clarifications are achieved of the difficult notions of "play," the harmony of form and cognitive faculties, and the universality of aesthetic judgments. The thesis of Ch. IV is that the object of experience, or the phenomenal object, is not a second object, distinct from the thing-in-itself, but an appearance of the thing-in-itself. Ch. V is devoted to Kant’s theory of art and especially to genius as the productive faculty of aesthetic ideas. The harmony of the faculties of imagination and understanding required of the artistic genius is held to be the same as the harmony which "the work of art itself... arouses in the perceiver of that work of art", but is spontaneous and original in the former case. What would be required of the productive agency in the case of natural objects of aesthetic experience lies outside the range of subject matter chosen. Kant’s view, although not entirely lucid, is that "the standard of fine art must be sought in the supersensible substrate of the artist’s faculties and that the production of the accord of the faculties of understanding and imagination ‘is the ultimate end set by the intelligible basis of our nature'". This prepares the conclusion that "the artist, as creative genius, is he who not only produces but expresses in sensible products, forms which are windows into the supersensible substrate of being". The monograph effectively raises this possibility as a central issue in the discussion of Kant’s aesthetics.—R. K. (shrink)
Moral philosophy and education, by H. D. Aiken.--The moral sense and contributory values, by C. I. Lewis.--Realms of value, by P. W. Taylor.--The role of value theory in education, by J. D. Butler.--Does ethics make a difference? By K. Price.--Educational value statements, by C. Beck.--Educational values and goals, by W. K. Frankena.--Conflicts in values, by H. S. Broudy.--Levels of valuational discourse in education, by J. F. Perry and P. G. Smith.--Education and some moves toward a value methodology, by A. (...) S. Clayton.--You can't pray a lie, by M. Twain.--Men, machines, and morality, by J. F. Soltis.--Teaching and telling, by I. Scheffler.--Reason and habit, by R. S. Peters.--The two moralists of the child, by J. Piaget.--Causes and morality, by R. S. Peters.--On education and morals, by R. W. Sleeper.--Moral autonomy and reasonableness, by T. D. Perry. (shrink)
It is unclear how children learn labels for multiple overlapping categories such as “Labrador,” “dog,” and “animal.” Xu and Tenenbaum suggested that learners infer correct meanings with the help of Bayesian inference. They instantiated these claims in a Bayesian model, which they tested with preschoolers and adults. Here, we report data testing a developmental prediction of the Bayesian model—that more knowledge should lead to narrower category inferences when presented with multiple subordinate exemplars. Two experiments did not support this prediction. Children (...) with more category knowledge showed broader generalization when presented with multiple subordinate exemplars, compared to less knowledgeable children and adults. This implies a U-shaped developmental trend. The Bayesian model was not able to account for these data, even with inputs that reflected the similarity judgments of children. We discuss implications for the Bayesian model, including a combined Bayesian/morphological knowledge account that could explain the demonstrated U-shaped trend. (shrink)
Making research data readily accessible during a public health emergency can have profound effects on our response capabilities. The moral milieu of this data sharing has not yet been adequately explored. This article explores the foundation and nature of a duty, if any, that researchers have to share data, specifically in the context of public health emergencies. There are three notable reasons that stand in opposition to a duty to share one’s data, relating to: (i) data property and ownership, (ii) (...) just distribution of benefits and burdens and (iii) the contemporary ethos of science. We argue each reason can be successfully met with corresponding rationale in favour of data sharing. Further support for data sharing has been echoed in policies of health agencies, funding bodies and academic institutions; in documents on the ethical conduct of biomedical research; and in discussions on the nature of public health. From this, we ascertain that sharing data is the morally sound default position. This article then highlights the key roles reciprocity and solidarity play in supporting the practice of data sharing. We conclude with recommendations to regard public health research data as a common-pool resource in order to build a framework for stable data sharing management. (shrink)
This study examines the socioeconomic and familial background of Irish Catholic priests born between 1867 and 1911. Previous research has hypothesized that lack of marriage opportunities may influence adoption of celibacy as part of a religious institution. The present study traced data from Irish seminary registries for 46 Catholic priests born in County Limerick, Ireland, using 1901 Irish Census returns and Land Valuation records. Priests were more likely to originate from landholding backgrounds, and with landholdings greater in size and wealth (...) than the local average. Priests were found to originate from families with more sons than the national average, but with similar numbers of daughters. These findings are discussed in relation to competition for resources and lineage survival strategies. (shrink)