This chapter contains sections titled: The Benthamite Legacy The Regulation of Proof The “New” Evidence Scholarship Future Directions of the Law of Evidence References.

Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.

When are morally good actions beautiful, when indeed they are? In this paper, it is argued that morally good actions are beautiful when they appear to express the deep or true self, and in turn tend to give rise to an emotion which is characterised by feelings of being moved, unity, inspiration, and meaningfulness, inter alia. In advancing the case for this claim, it is revealed that there are additional sources of well-formedness in play in the context of moral beauty (...) in addition to those that have tended to be focused on to date: one which is connected to imagining a deep location for the goodness concerned, and another which is connected to imagining that the goodness stems from capacities which are essential to the person. (shrink)

What is the nature of the concept BEAUTY? Does it differ fundamentally from nearby concepts such as PRETTINESS? It is argued that BEAUTY, but not PRETTINESS, is a dual-character concept. Across a number of contexts, it is proposed that BEAUTY has a descriptive sense that is characterised by, inter alia, having intrinsically pleasing appearances; and a normative sense associated with deeply-held values. This account is supported across two, pre-registered, studies (N=500), and by drawing on analysis of corpus data. It is (...) suggested that this can help to explain why beauty, unlike prettiness, is thought to be deep in both the sense of being important, and in the sense of being less closely tied to sensory surfaces. (shrink)

Why are moral actions beautiful, when indeed they are? This paper assesses the view, found most notably in Schiller, that moral actions are beautiful just when they present the appearance of freedom by appearing to be the result of internal harmony (the Schillerian Internal Harmony Thesis). I argue that while this thesis can accommodate some of the beauty involved in contrasts of the ‘continent’ and the ‘fully’ virtuous, it cannot account for all of the beauty in such contrasts, and so (...) needs to be weakened considerably (to the Internal Harmony Thesis). To account for the remaining beauty that cannot be fully accommodated even by this revised thesis, as well as the beauty contained in contrasts that involve agents who experience internal conflict as a result of being sensitive to different sources of moral value to an appropriate extent, a number of further theses need to be posited: namely, that the beauty of some moral actions is to be accommodated in terms of internal disharmony (the Internal Disharmony Thesis), and in terms of a felt harmony between the appreciator of the action and the executor of the action (the Affective Harmony Thesis). As such, in contrast to Schiller, I suggest that we need to take a pluralist and context-sensitive approach to accommodating the beauty of moral actions. (shrink)

The levelling-down objection rejects the egalitarian view that it is intrinsically good to eliminate the inequality of an outcome by lowering the relevant good of those better off to the level of those worse off. Larry Temkin suggests that the position underlying this objection is an exclusionary version of the person-affecting view, in which an outcome can be better or worse only if persons are affected for better or worse. Temkin then defends egalitarianism by rejecting this position. In this essay, (...) I avoid Temkin's conclusion by arguing that the levelling-down objection is best understood as resting on an alternative position, which involves a distinction between those non-person-affecting ideals that posit value as tied to individuals in a particular manner and those that do not. Taken as the basis of the levelling-down objection, this position allows us consistently to reject egalitarianism while accepting many plausible non-person-affecting ideals. (shrink)

Most historical accounts of "the West" take it for granted that the guiding principles of the Western tradition—reason, progress, and freedom—have been passed down directly from ancient Greece to modern Europe, evolving in isolation from all non-Western cultures. Today, many political analysts and cultural critics maintain that the Western tradition is fast approaching its end, for better or worse, as it becomes more and more integrated with non-Western cultures in an increasingly globalized world. But what if we are witnessing something (...) else entirely—not the "end" of the West but rather another historical mutation of the idea of the West itself? This groundbreaking work shows that whether the West is hailed as the source of all historical progress or scorned as the root of all cultural imperialism, it remains a deeply problematic concept that is intrinsically connected to an ethnocentric view of the world. In a critical reading of the continental philosophers Husserl, Heidegger, Levinas, and Derrida as well as the postcolonial thinkers Said, Mohanty, Bhabha, and Trinh, Sean Meighoo strikes at the intellectual foundations of Western exceptionalism until its ideological supports show through. Deconstructing the concept of the West in his provocative interpretations of Martin Bernal's controversial publication Black Athena and the Beatles' second film Help!, Meighoo poses a formidable question to philosophers, writers, political analysts, and cultural critics alike: Can we mount an effective critique of Western ethnocentrism without reinforcing the very idea of the West? (shrink)

Graduate-level textbook in general relativity.

RésuméJe me demande ici si les conceptions pragmatiques de la vérité peuvent être réconciliées avec les intuitions ordinaires quant à la portée de la bivalence. Je soutiens que les pragmatistes sont conduits à accepter une distinction du genre «type / occurrence» entre les formes d'une investigation et ses instanciations particulières, sous peine de banaliser leur vérificationnisme. Néanmoins, même la conception révisée que j'examine échoue à sauver les approches épistémiques de la vérité de certaines conséquences peu plausibles.

Moritz Schlick, Rudolf Carnap and Herbert Feig are the most prominent of the positivists to formulate views on the mind-body problem (aside from Hempel’s one-off treatment in 1935). While their views differed from each other and changed over time they were all committed to some form of scientific physicalism, though a linguistic or conceptual rather than ontological form of it. In focus here are their views during the heyday of logical positivism and its immediate aftermath, though some initial scene-setting of (...) Schlick’s and Carnap’s pre-positivist views will help to understand the final opposing positions of Carnap and Feigl. (shrink)

Chapter 9 The ethics of philology: Erich Auerbach and the fate of humanism -- Chapter 10 Edward Said, Orientalism, and the "political turn" in literary and cultural studies -- Orientalism, Foucault, and the ethics of theory -- Reconsiderations: The "Afterword" to Orientalism -- Notes -- Introduction -- Chapter 1 -- Chapter 2 -- Chapter 3 -- Chapter 4 -- Chapter 5 -- Chapter 6 -- Chapter 7 -- Chapter 8 -- Chapter 9 -- Chapter 10 -- Index.

Philosophy -- Ethics beyond existentialism and structuralism: Sartre's critique of dialectical reason and the debate with Levi-Strauss -- Foucault's ethics of the self -- Derrida in Heidelberg: the specter of Heidegger's Nazism and the question of ethics -- Richard Rorty's cultural politics: ironist philosophy and the ethics of reading -- History -- From metahistory to the practical past: Hayden White's existentialist philosophy of history -- Hayden White and the ethics of historiography literature -- The ethics of conversion: metaphysical desire in (...) Ren, Girard, and Jean-Paul Sartre -- The ethics of realism: literary history and the sublime in Erich Auerbach's mimesis -- The ethics of philology: Erich Auerbach and the fate of humanism -- Edward Said, orientalism, and the political turn in literary and cultural studies. (shrink)

An overview and descriptions of the auditory commitments of ancient Greek song, drama, and acoustic theory from the time of Homer to the death of Euripides, this is the first complete study of the cultural system of sound in Greece.

It is commonplace in discussions of modern cosmology to assert that the early universe began in a special state. Conventionally, cosmologists characterize this fine-tuning in terms of the horizon and flatness problems. I argue that the fine-tuning is real, but these problems aren't the best way to think about it: causal disconnection of separated regions isn't the real problem, and flatness isn't a problem at all. Fine-tuning is better understood in terms of a measure on the space of trajectories: given (...) reasonable conditions in the late universe, the fraction of cosmological histories that were smooth at early times is incredibly tiny. This discussion helps clarify what is required by a complete theory of cosmological initial conditions. (shrink)

Abstract According to Russellianism, the content of a Russellian thought, in which a person ascribes a monadic property to an object, can be represented as an ordered couple of the object and the property. A consequence of this is that it is not possible for a person to believe that a is F and not to believe b is F, when a=b. Many critics of Russellianism suppose that this is possible and thus that Russellianism is false. Several arguments for this (...) claim are criticized and it is argued that Russellians need not appeal to representational notions in order to defeat them. Contrary to popular opinion, the prospects for a pure Russellianism, a Russellianism without representations, are in fact very good. (shrink)

Cover -- Title -- Copyright -- Dedication -- Contents -- List of Figures -- List of Tables -- Acknowledgements -- 1 Physics, Knowledge and Semiosis -- 2 Language, Knowledge and Description -- 3 Mathematical Statements and Expressions -- 4 Mathematical Symbols and the Architecture of the Grammar of Mathematics -- 5 Genres of Language and Mathematics -- 6 Images and the Knowledge of Physics -- 7 Physics and Semiotics -- Appendix A System Network Conventions -- Appendix B Full System Networks (...) for Mathematics -- Appendix C Details of Corpus -- Index. (shrink)

This chapter offers a general outline of Schopenhauer’s peculiarly named concept of the 'acquired character’ and explains its basic function in his ethical thought. For Schopenhauer, a person of acquired character is someone who knows the ways of acting (Handlungsweise) that are most expressive of their individuality and who allows that self-knowledge to structure their practical and emotional life. In keeping with certain elements of his psychological determinism, acquired character is not the acquisition of a ‘new’ character; rather, it is (...) the acquisition of self-knowledge of one’s essentially fixed empirical character. It is part of the argument of this chapter that by introducing the acquired character into his reflections on human action and agency Schopenhauer weaves a certain view of individual flourishing (eudaimonia) into his ethics. There are two central ingredients of Schopenhauer’s conception of eudaimonia, and both are linked to the acquired character. The first is self-knowledge; the second is a sense of personal autonomy that follows in the wake of the first. The chapter ends with a brief attempt to connect Schopenhauer’s concept of acquired character to contemporary debates in ethics concerning autonomy, practical identity, and what some call the ‘normative significance of self’. (shrink)

Shelly Kagan argues in his ‘What's Wrong with Speciesism?’ for four provocative claims: 1. speciesism is not necessarily a mere prejudice; 2. most people are not speciesists; 3. ‘modal personism’ more closely reflects what most people believe, and 4. modal personism might be true. In this article, I object to Kagan's account of what constitutes a ‘mere prejudice’, and I object to the sort of argument he uses to show that most people are not speciesist. I then attempt to motivate, (...) and defend what I take to be the best version of modal personism; answer several problems for the view; and raise other problems that I think are harder to answer. (shrink)

Everything you need to know about Learning Theories in Early Childhood practice. This book explores the key theorists and theories that form the foundation of learning and development in early childhood. Building your own understanding and knowledge of children's learning, it then helps you develop the skills of translating theory into practice. How does this book support you? · The structure of the book mirrors your student learning journey, to compliment your course and seminar reading. · Parts 1 and 2 (...) help you develop your reflective and analytical skills through critical questions, photographs and discussion points. · Part 3 gives real life case studies to help you understand how the theories can be practically applied in settings to improve your own practice. (shrink)

This is both a book about ourselves, our world, and education. What made an education successful is too often left behind when we focus too closely on what we think should be in the spotlight. Re-looking at how these things interact and intersect will be pertinent to their and our success.

This chapter contains sections titled: Notes.

In The Logic of Sense, Deleuze effectively argues that two types of relation between events govern their ‘evental’ or ‘ideal play’, and ultimately underlie determined substances, that is, worldly individuals and persons. Leibniz calls these relations ‘compossibility’ and ‘incompossibility’. Deleuze calls them ‘convergence’ and ‘divergence’. This paper explores how Deleuze appropriates and extends a number of Leibnizian concepts in order to ground the idea that events have ontological priority over substances ‘all the way down’.

This article consists of a close reading and explication of several of the central philosophical concepts to be found in Simondon's L’individu et sa genèse physico-biologique. It then proceeds to show how not only these concepts, but also Simondon's method for constructing these concepts, are taken up by Gilles Deleuze in Chapter 5 of his Difference and Repetition. In particular, the article shows how Deleuze's characterization of ‘intensive processes of individuation’ is thoroughly Simondonian. The article will also provide the English (...) speaking reader with an introduction to the French language commentary on Simondon and Deleuze. (shrink)

This article is an attempt to deepen our understanding of trust. To this end, several elements frequently present in trust-relationships are first identified, and then three underappreciated puzzles about trust are described. Next, it is argued that certain leading analyses of trust are unsatisfactory, in part, because they are unable to solve these puzzles succesfully. Finally, an alternative way of thinking about trust is proposed. It is argued that this new way of thinking about trust is bothindependently plausible and better (...) able to solve these puzzles about trust. (shrink)

Prolonged survival after the declaration of death by neurologic criteria creates ambiguity regarding the validity of this methodology. This ambiguity has perpetuated the debate among secular and nondissenting Catholic authors who question whether the neurologic standards are sufficient for the declaration of death of organ donors. Cardiopulmonary criteria are being increasingly used for organ donors who do not meet brain death standards. However, cardiopulmonary criteria are plagued by conflict of interest issues, arbitrary standards for candidacy, and the lack of standardized (...) protocols for organ procurement. Combining the neurological and cardiopulmonary standards into a single protocol would mitigate the weaknesses of both and provide greater biologic and moral certainty that a donor of unpaired vital organs is indeed dead. (shrink)

Humane farming can be defined as the practice of raising animals for food in an environment that is good for them and where they are killed in a manner that is relatively painless. Many people who oppose factory farming think that humane farming is morally permissible, even morally laudable. In what follows, I focus on one argument in support of humane farming that emphasizes its good consequences, not only for producers, and consumers, but for the animals themselves. I discuss problems (...) for this argument and explain how it can be revised to overcome those problems. In the end, I explain why even the strongest version of the good‐consequences argument fails to show that most cases of humane farming are morally permissible. However, my objections to this argument suggest that humane farming may be morally permissible in rare cases. (shrink)

Some modern cosmological models predict the appearance of Boltzmann Brains: observers who randomly fluctuate out of a thermal bath rather than naturally evolving from a low-entropy Big Bang. A theory in which most observers are of the Boltzmann Brain type is generally thought to be unacceptable, although opinions differ. I argue that such theories are indeed unacceptable: the real problem is with fluctuations into observers who are locally identical to ordinary observers, and their existence cannot be swept under the rug (...) by a choice of probability distributions over observers. The issue is not that the existence of such observers is ruled out by data, but that the theories that predict them are cognitively unstable: they cannot simultaneously be true and justifiably believed. (shrink)

A non-technical introduction to quantum mechanics, the Everett interpretation, and the emergence of spacetime.

This paper explores the public perception of energy transition pathways, that is, individual behaviors, political strategies, and technologies that aim to foster a shift towards a low-carbon and sustainable society. We employed affective image analysis, a structured method based on free associations to explore positive and negative connotations and affective meanings. Affective image analysis allows to tap into affective meanings and to compare these meanings across individuals, groups, and cultures. Data were collected among university students in Norway (n = 106) (...) and Germany (n = 125), two countries that differ with respect to their socio-political contexts and histories concerning energy and energy systems. A total of 25 energy transition pathway components were presented to the participants who generated one free association to each component by indicating the first that came to mind when thinking of the component. Participants evaluated their associations by indicating whether they considered each association to be positive, negative, or neutral. These associations were coded by two research assistants, which resulted in 2650 coded responses in the Norwegian sample and 2846 coded responses in the German sample. Results for the two samples are remarkably similar. The most frequent type of association is a general evaluation of the component, for example concerning its valence or its importance. The second most frequent types of association are requirements needed to implement the component (e.g., national policies) and consequences of the component (e.g., personal or environmental consequences). Individual behaviors (e.g., walking) elicited thoughts about consequences and requirements, but also about the prevalence of such behaviors. Associations in response to technologies (e.g., carbon capture and storage) mainly referred to some descriptive aspect of the technology. Evaluations of the free responses were predominantly positive, but some components also elicited negative associations, especially nuclear power. The free associations that people generate suggest that they have vague and unspecific knowledge about energy transition pathways, that they process them in an automatic and intuitive rather than deliberative manner, and that they have clear affective evaluations of the presented components. (shrink)

This book examines Cornelius Castoriadis's elucidation of the social imaginary within human societies, assessing how strict dichotomisation between autonomous and heternomous modes of institution hinders further insights into the creative capacities of social imaginary, while also imposing limits on Castoriadis's own assessment of the "partially" autonomous situation of modern societies.

Teacher Education and the Pursuit of Wisdom takes its readers into the deep waters of investigating teaching not simply as a profession but as a precious "way of life." The author begins by investigating the nature of teaching as both an "active" and a "contemplative" endeavor and inquires into the resonance between the nature of teaching on the one hand and what has been said classically about genuine philosophizing on the other hand. Having laid the groundwork for students to be (...) able to recognize this intimate connection, readers are next challenged to take up the notion of teaching as a "way of life" in the pursuit of wisdom experimentally and to record their observations in a personalized journal format. Thorough explanations are provided concerning the value of journaling for self-knowledge, and exemplar texts by master journal writers are discussed. This book is designed for use as a primary textbook in philosophy of education courses. Instructors will find it helpful as a means to organize engaging classes at both the undergraduate and graduate levels for genuine philosophic practices and inquiry. It contains a well-defined program of work that is modelled upon the latest research concerning "authentic task design." Its rich experimental approach is replete with a broad array of learning tasks, assessment tools, and practices that are aligned with the competencies-based approach taken in most professional certification and BEd Programs. (shrink)

We have a much better understanding of physics than we do of consciousness. I consider ways in which intrinsically mental aspects of fundamental ontology might induce modifications of the known laws of physics, or whether they could be relevant to accounting for consciousness if no such modifications exist. I suggest that our current knowledge of physics should make us skeptical of hypothetical modifications of the known rules, and that without such modifications it’s hard to imagine how intrinsically mental aspects could (...) play a useful explanatory role. Draft version of a paper submitted to Journal of Consciousness Studies, special issue responding to Philip Goff’s Galileo’s Error: Foundations for a New Science of Consciousness. (shrink)

This chapter contains sections titled: Notes.

Celebrated yoga teacher and activist Seane Corn shares pivotal accounts of her life with raw honesty—enriched with in-depth spiritual teachings—to help us heal, evolve, and change the world “My first lessons in spirituality and yoga had nothing to do with a mat, but everything to do with waking up. They included angels, seeing God, and being in Heaven. But, believe me, not the way you might think.” So begins Revolution of the Soul. What comes next reads like a riveting memoir (...) filled with uncensored moments of joy, pain, wonder, and humor. Except, this book is so much more than that. Seane's real purpose is to guide us into a deep, gut-level understanding of our highest Self through yoga philosophy and other tools for emotional healing—not just as abstract ideas but as embodied, fully felt wisdom. Why? To spark a "revolution of the soul" in each of us, so we can awaken to our purpose and become true agents of change. Just a few of the stops along the way include: The everyday "angels" Seane finds in the gritty corners of New York's 1980s East Village; her early struggles as a total yoga-class misfit; the profound shadow work and body-based practices that helped her to heal childhood trauma, OCD, unhealthy behaviors, and relationship wounding; hard-earned lessons from some of the most heartbreaking places on the planet; and many other unforgettable teaching stories. (shrink)

A short core model induction proof of $\mathsf {AD}^{L(\mathbb {R})}$ from $\mathsf {TD} + \mathsf {DC}_{\mathbb {R}}$.

The concept of alienation: Hegelian themes in modern social thought -- Creative activity and alienation in Hegel and Marx -- The concept of labour -- The individual and society -- Freedom and the "realm of necessity" -- Alienation as a critical concept -- Private property and communism -- The division of labour and its overcoming -- Marx's concept of communism.

This book provides an account of the nature of time, especially time's arrow and the role of entropy, at a semi-popular level. Special attention is given to statistical mechanics, the past hypothesis, and possible cosmological explanations thereof.

I discuss "Poetic Naturalism" -- there is only one world, the natural world, but there are many ways of talking about it -- both as a general concept, and how it accounts for our actual world. I talk about emergence, fundamental physics, entropy and complexity, the origins of life and consciousness, and moral constructivism.

I defend the extremist position that the fundamental ontology of the world consists of a vector in Hilbert space evolving according to the Schrödinger equation. The laws of physics are determined solely by the energy eigenspectrum of the Hamiltonian. The structure of our observed world, including space and fields living within it, should arise as a higher-level emergent description. I sketch how this might come about, although much work remains to be done.

The central thesis of this paper is that Corporate Community Involvement (CCI) is not a neutral activity with positive and mutual benefits for all involved. Rather, it is a much more complex activity which may also have negative impacts. Using Donaldson and Preston’s (1995) explanatory model of the stakeholding concept as a framework, this paper explores: (1) the practice of CCI in the UK (with some reference to US experience from which UK firms have drawn extensively), (2) the grounds on (...) which it is justified, and (3) the material consequences of such activity for corporate governance. It concludes by arguing that there is a case for a review of the law on CCI to assess the need for fuller public disclosure so as to allow shareholders and other interested groups the opportunity to assess the impact and effectiveness of CCI more thoroughly. (shrink)