Interventions that are designed to stem plagiarism do not always override the motivation of individuals to cheat and, therefore, may not diminish misconduct. To inform more effective approaches, we conducted a systematic review to clarify the psychological causes of plagiarism. This review of 83 empirical papers showed that a specific blend of circumstances may foster plagiarism: an emphasis on competition and success rather than development and cooperation coupled with impaired resilience, limited confidence, impulsive tendencies, and biased cognitions. Fortunately, whenever students (...) feel their life and studies align to their future aspirations, many of these circumstances tend to dissipate. (shrink)

It is often claimed by environmental philosophers and green political theorists that liberalism, the dominant tradition of western political philosophy, is too focused on the interests of human individuals to give due weight to the environment for its own sake. In "How to be a Green Liberal", Simon Hailwood challenges this view and argues that liberalism can embrace a genuinely 'green', non-instrumental view of nature. The book's central claim is that nature's 'otherness', its being constituted of independent entities and (...) processes that do not reflect our purposes, is a basis for value and can be incorporated within liberal political philosophy as a fundamental commitment alongside human freedom and equality. Hailwood argues that the conceptual resources already exist within mainstream liberalism for a thoroughly non-instrumental perspective. Adopting a rigorous philosophical approach Hailwood tackles a wide range of themes across environmental ethics, including holistic theories, deep ecology, eco-feminism and eco-anarchism, as well as issues in value theory and political philosophy more generally. In making the case for liberalism's green credentials "How to be a Green Liberal" is a formidable challenge to recent green political theory and will be required reading not only for students of political philosophy but for all those interested in the natural world and man's relationship to it. (shrink)

It is often claimed by environmental philosophers and green political theorists that liberalism, the dominant tradition of western political philosophy, is too focused on the interests of human individuals to give due weight to the environment for its own sake. In "How to be a Green Liberal", Simon Hailwood challenges this view and argues that liberalism can embrace a genuinely 'green', non-instrumental view of nature. The book's central claim is that nature's 'otherness', its being constituted of independent entities and (...) processes that do not reflect our purposes, is a basis for value and can be incorporated within liberal political philosophy as a fundamental commitment alongside human freedom and equality. Hailwood argues that the conceptual resources already exist within mainstream liberalism for a thoroughly non-instrumental perspective. Adopting a rigorous philosophical approach Hailwood tackles a wide range of themes across environmental ethics, including holistic theories, deep ecology, eco-feminism and eco-anarchism, as well as issues in value theory and political philosophy more generally. In making the case for liberalism's green credentials "How to be a Green Liberal" is a formidable challenge to recent green political theory and will be required reading not only for students of political philosophy but for all those interested in the natural world and man's relationship to it. (shrink)

This essay articulates a double helix at work in Badiou’s thought on politics as a condition of philosophy and philosophy as such by focusing on what Badiou calls “the Idea of communism” and we will call “the communism of the Idea.” The former refers to communism as an Idea par excellence, while the latter concerns the Idea as a philosophical communism. The first section of the essay unpacks the Idea of communism as a composite interaction of politics, history, and subjectivity (...) insofar as each of these elements cannot be taken in themselves. Contrary to post-ideology, Badiou condemns the claim that we should live without an ideological framework insofar as this asks us to live without an Idea. The second section will focus on the communism of the Idea as the result of Badiou’s broader philosophical project and its major Platonic gestures. Badiou’s broader concerns pertain to the commitment to live with an Idea as finite, infinite, and transfinite to the endpoint that philosophy itself is characterized to be destined for communism. The crux that anyone can become a serious philosopher if, to paraphrase Diotima in Plato’s Symposium, they gracefully lend themselves to the process of truths as their fundamental commitment. (shrink)

Simon A Longstaff; Democratic Education and the Curriculum Safety-net: a tantalising illusion?, Journal of Philosophy of Education, Volume 23, Issue 1, 30 May 2.

It is widely supposed that liberal political theory must exclude direct concern for nature, that its anthropocentric individualism can allow only indirect, instrumental value to the non‐human world. This is perhaps thought to be especially true of contractarian versions of liberalism. In this paper I try to show that this is not so by outlining an argument based on an analogy between the ‘neutrality’ of Rawls' political liberalism and the ‘otherness’ of external nature. I consider some possible objections to the (...) argument, and try to explain why I think that the analogy is strong enough to justify modifying the Rawlsian approach to encompass direct concern for external nature (as other). If I am right then it is not necessary completely to abandon that approach in order to construct a more adequately ecocentric political theory. (shrink)

We situate the well-trodden debate about defining health and disease within the project of a metaphysics of science and its aim to work with and contribute to science. We make use of Guay and Pradeu’s ‘metaphysical box’ to reframe this debate, showing what is at stake in recent attempts to move beyond it, revealing unforeseen points of agreement and disagreement among new and old positions, and producing new questions that may lead to progress. We then discuss the implications of the (...) two-way benefits between medicine and philosophy when the latter is driven and constrained by medical science. (shrink)

In this paper I address the issue of how far libertarianism can serve as the theoretical framework for a political morality excluding serious obligations to the needy. This issue has been raised recently by Gillian Brock who argues that even those adopting a thoroughgoing libertarianism, such as that of Robert Nozick, must recognise significant obligations to the needy as a condition of claiming exclusive property rights. I argue that Brock fails to demonstrate this. After briefly describing Brock's main argument I (...) discuss the acquisition of libertarian property rights, and try to show there are sufficient resources in Nozick's account for him to accept her main conclusion in principle without recognising significant obligations. Then, after some supplementary discussion, I sketch two different lines of argument. One uses the issue of corporate liability. The other focusses on problems with Nozick's "entitlement" principle of rectification. I try to show that even if the libertarian entitlement theory of property rights, their acquisition and transfer, is accepted, this gives no grounds for resisting claims for redistribution based on others' needs. (shrink)

Practical mechanisms for aligning performance, ethics, and accountability are urgently needed. The context for this includes the organisational, technological, and regulatory transformations underlying current patterns of globalisation. These factors, combined with the associated emergence of civil action concerned with corporate accountability and deeper value-shifts, make such realignments a practical possibility.Social and ethical accounting, auditing, and reporting provides one of the few practical mechanisms for companies to integrate new patterns of civil accountability and governance with a business success model focused on (...) deepening stakeholder relationships around core non-financial as well as financial values and interests. (shrink)

Clarke and Beck assume that approximate number system representations should be assigned referents from our scientific ontology. However, many representations, both in perception and cognition, do not straightforwardly refer to such entities. If we reject Clarke and Beck's assumption, many possible contents for ANS representations besides number are compatible with the evidence Clarke and Beck cite.

Recent influential accounts of temporal representation—the use of mental representations with explicit temporal contents, such as before and after relations and durations—sharply distinguish representation from mere sensitivity. A common, important picture of inter-temporal rationality is that it consists in maximizing total expected discounted utility across time. By analyzing reinforcement learning algorithms, this article shows that, given such notions of temporal representation and inter-temporal rationality, it would be possible for an agent to achieve inter-temporal rationality without temporal representation. It then explores (...) potential upshots of this result for theorizing about rationality and representation. (shrink)

This book examines the general liberal aspiration of neutrality whilst moving discussion of Nozick's moral and political philosophy on from Anarchy, State and Utopia. Using neutralism as a unifying theme it connects his views on ethics, value and pluralism with the earlier libertarianism, combining an up to date critique of Nosick with a fresh view of neutrality.

In lieu of an abstract, here is a brief excerpt of the content:diacritics 34.1 (2004) 3-17 [Access article in PDF] Universal Shylockery Money and Morality in The Merchant of Venice Simon Critchley Tom McCarthy What if Nietzsche were a Jew, and a mean-minded Venetian Jew at that? We'd like to begin with the thought experiment of imagining The Merchant of Venice as a genealogy of morality and imagining Shylock as Nietzsche. What is The Merchant of Venice about? What is (...) at stake in this oddly inside-out drama, where a piece of good old Elizabethan comic Jew-baiting rotates 180 degrees into a devastating study of Christian anti-Semitism only to flip back into what it seemed to deny? Our initial hypothesis is that it is nothing less than an inquiry into the origin of our moral concepts of justice, good and bad, and more particularly guilt, law, mercy, and love. It is here that a link with Nietzsche suggests itself, particularly with the Second Essay of On the Genealogy of Morals.* * *How do we breed an animal with the right to make promises? For Nietzsche, the human being is an originally forgetful creature, like a young child. To make this originally forgetful creature remember requires physical discipline; it behooves punishment. The teaching of morality is never gentle; it never droppeth from heaven like gentle rain. On the contrary, if something is to be retained in memory, it must be burned in. The origin of memory lies in pain and cruelty: "Man could never do without blood, torture and sacrifices when he felt the need to create a memory for himself" [GM 61]. Nietzsche's first, astonishing hypothesis in the Second Essay is that the origin of concepts like responsibility and conscience lies in cruelty—cruelty administered and maintained through a corporal and corporeal regime. Further, as religions are systems of cruelty, all forms of asceticism originate in the same painful place. "Consider the German punishments," Nietzsche proposes—and we all know that there's nothing quite like the German punishments: stoning, breaking on the wheel, piercing with stakes, tearing apart or trampling with horses, boiling in oil, flaying alive, cutting straps from the flesh, smearing the wrongdoer with honey and leaving him to the flies in the blazing sun. As Nietzsche quips, with magnificent understatement, "With the aid of such images and procedures one finally remembers five or six 'I will not's'" [GM 62]. It is on the basis of this burned-in memory of cruelty that good, decent, upright burghers such as ourselves acquired the habit of moral reasoning:Ah, reason, seriousness, mastery over affects, the whole sombre thing called reflection, all these prerogatives and showpieces of man: how dearly they have been bought! How much blood and cruelty lie at the bottom of all "good things." [GM 62] [End Page 3]"Dearly bought": let's hold onto that trope of purchasing. In another extraordinary passage of the Second Essay, Nietzsche explains the origin of thinking itself in terms of economic activity:Setting prices, determining values, contriving equivalences, exchanging—these preoccupied the earliest thinking of man to so great an extent that in a sense they are thinking [das Denken ist]. [GM 70] In the beginning was trade. Human activity begins with exchange, with the to and fro of buying and selling, which are forms of life older than all other social alliances and organization. It is from here, Nietzsche insists, that human beings arrive at the first moral canon of justice:"Everything has its price; all things can be paid for"—the oldest and most naïve moral canon of justice, the beginning of all "good-naturedness," all "fairness," all "good will," all "objectivity" on earth. [GM 70] Which brings us to the origin of das Bewusstsein der Schuld and schlechte Gewissen, the consciousness of guilt and bad conscience. Nietzsche's hypothesis here, and our theme is beginning to come into focus, is that the origin of guilty conscience lies in the relation between a creditor and debtor, Glaubiger und Schuldner. The spiritual concept of guilt, Schuld, originates in the very material concept of Schulden... (shrink)

Modern technologies have enabled the development of dynamic game- and simulation-based assessments to measure psychological constructs. This has highlighted their potential for supplementing other assessment modalities, such as self-report. This study describes the development, design, and preliminary validation of a simulation-based assessment methodology to measure psychological resilience—an important construct for multiple life domains. The design was guided by theories of resilience, and principles of evidence-centered design and stealth assessment. The system analyzed log files from a simulated task to derive individual (...) trajectories in response to stressors. Using slope analyses, these trajectories were indicative of four types of responses to stressors: thriving, recovery, surviving, and succumbing. Using Machine Learning, the trajectories were predictive of self-reported resilience with high accuracy, supporting construct validity of the simulation-based assessment. These findings add to the growing evidence supporting the utility of gamified assessment of psychological constructs. Importantly, these findings address theoretical debates about the construct of resilience, adding to its theory, supporting the combination of the “trait” and “process” approaches to its operationalization. (shrink)

Beginning with a critical examination of the humanist assumptions of critical ethnography, this article interrogates and surfaces problems with the ontological and epistemological orientations of this research methodology. In drawing on exemplar empirical data from an arts‐based project, the article demonstrates the limitations in the humanist‐based qualitative research approach and advances a postdualist, postrepresentationalist direction for critical ethnography called entangled ethnography. Using data from a larger study that examined the perspectives of racialized mad artists, what is demonstrated in this inquiry (...) is that the entanglement of bodies, objects, and meaning‐making practices is central to working with the ontologically excluded, such as those who find themselves in various states of disembodiment and/or corporeal and psychic distribution. We propose the redevelopment of critical ethnography, extended by entanglement theory (a critical posthuman theory), and suggest that for it to be an inclusive methodology, critical ethnography must be conceptualized as in the process of becoming and always in regeneration, open to critique, extension, and redevelopment. (shrink)

There has recently been a reappraisal of value in UK construction and calls from a wide range of influential individuals, professional institutions and government bodies for the industry to exceed stakeholders’ expectations and develop integrated teams that can deliver world class products and services. As such value is certainly topical, but the importance of values as a separate but related concept is less well understood. Most construction firms have well-defined and well-articulated values, expressed in annual reports and on websites; however, (...) the lack of rigorous and structured approaches published within construction management research and the practical, unsupported advice on construction institution websites may indicate a shortfall in the approaches used. This article reviews and compares the content and␣structure of some of the most widely used values approaches, and discusses their application within the construction sector. One of the most advanced and empirically tested theories of human values is appraised, and subsequently adopted as a suitable approach to eliciting and defining shared organisational values. Three studies within six construction organisations demonstrate the potential application of this individually grounded approach to reveal and align the relative values priorities of individuals and organisations to understand the strength of their similarity and difference. The results of these case studies show that this new universal values structure can be used along with more qualitative elicitation techniques to understand organisational cultures. (shrink)

We show that the variety of n -dimensional weakly higher order cylindric algebras, introduced in Németi [9], [8], is finitely axiomatizable when n > 2. Our result implies that in certain non-well-founded set theories the finitization problem of algebraic logic admits a positive solution; and it shows that this variety is a good candidate for being the cylindric algebra theoretic counterpart of Tarski’s quasi-projective relation algebras.

In lieu of an abstract, here is a brief excerpt of the content:Kings and Gods as Ecological Agents:From Reciprocity to Unilateralism in the Management of Natural ResourcesSimon Simonse (bio)1. IntroductionThe questions this article addresses are as follows: do non-Western societies have a qualitatively better, more balanced relationship with nature than modern Western societies? Can the difference between the two be described in terms of an opposition between a reciprocal and an exploitative relationship? What difference does the Judeo-Christian tradition make in (...) shaping the modern relationship with nature?To answer these questions I will give brief descriptions of the way in which three cultural traditions have structured the relationship between man and nature: societies that are ruled by sacred kings, societies where power over nature is attributed to divinities, and the Old Testament tradition. As cases of sacred kinship, I present ethnographic material taken from my anthropological fieldwork among the Lulubo, Lokoya, and Lotuho peoples from the East Bank of the Nile in Southern Sudan. I will use the term "Eastern Nilotic" as shorthand for this complex of peoples. For the societies where divinities play the central role, I take the Western Nilotic Dinka, Nuer, and Atuot living in the flood plains of the Nile north of the kingship societies.In comparing these three traditions my point of departure is René Girard's analysis of culture as a mechanism to resolve conflict by directing the aggression of the members of society onto a victim and so achieving a new consensus. We shall see that in the kingship societies what we call natural phenomena play an integral part in culturally staging the scapegoat mechanism. They are the stage of human rivalries and their resolution. Among the polytheistic Western Nilotes they are the instrument through which the gods make their power felt and demand attention from humans. In the Old Testament, natural phenomena remain the domain of God's power. Humans should not try to interfere. Their mission is to combat human evil as defined in Mosaic law. [End Page 31]2. Kings as Ecological AgentsThe survival of the communities of the Lokoya and Lulubo on the East Bank of the Nile who traditionally live in well-fortified village-polities, counting in the precolonial period between 1500 and 2500 inhabitants, is dependent on forces that are unpredictable (Simonse 1992). As agriculturists they are dependent on regular rains. However, the rains in their area are erratic and localized. As a result there is always a risk that the harvest may fail. The soil is of varying quality, giving varying yields in different places. The birth rate is another major concern. It determines the security of the community in its relationship to neighboring, frequently hostile, communities. There is the concern for epidemics, crop-eating insects and birds, and root-eating worms. Violent winds may destroy the crop, and lions and leopards may kill humans and cattle. A concern of a different order is the extent of the effectiveness of weapons, spears, and bows and arrows, in assuring security.When adversity affects the community, the first question asked by those affected is that regarding its cause. Frequently the cause is a breach of the social rules: an act of violence and a failure to perform or properly perform a ritual of purification necessitated by the violence. It may also be unconscious resentment on the part of a person or group that feels excluded from benefits enjoyed by others. It may be the cry of a neglected relative. It may be incest. It may be an attack by outsiders.Among the Lulubo and Lokoya, responsibility for the various aspects of the natural environment that can be critical for community survival is allocated to the different clans. In the case of a crisis (drought, infertility) the clan associated with the problem is the target of investigations. The main investigation strategy is to check, one by one, the quarrels in which members of that clan have been involved. When a conflict has been identified, a solution is suggested by way of reconciliation or restitution. Of particular interest are attempts to provoke the responsible clan official. If a settlement of the dispute fails to bring the required result, there will be more rounds of investigation... (shrink)

Based on social exchange and customer relationship marketing theory, this study examines how ethical leadership contributes to inter-organizational conflict management (task conflict (TC) and relationship conflict), and the moderating role of task interdependence in these relationships. Data was collected from 81 suppliers and 45 corresponding managers of a large group company in China. Results show that ethical leadership is negatively associated with the levels of inter-organizational conflict, whether task or relationship. Task interdependence significantly moderates the relationship between ethical leadership and (...) TC. Managerial implication in terms of creating sound buyer–supplier relationship through an ethical perspective is discussed. (shrink)

Un commerce intime, tantot exalte, tantot inavouable, entre l'oeuvre de Proust et celles de Merleau-Ponty, Sartre, Deleuze ou Barthes se joue au coeur des annees 1950-1970, au moment ou sont renouvelees les facons d'envisager la production theorique. Si le romancier les a particulierement captives, c'est que son oeuvre venait amplifier ou heurter non seulement leur pratique reflexive, mais le sens meme de leur existence et de leur engagement dans l'ecriture. Du roman au traite, de la vie de l'un a la (...) vie de l'autre, nait une etrange erotique des pensees, ou se creent des partages sereins, des negociations passionnees, des appariements effrayants. Trafics de Proust opere un enfoncement dans la duree longue de ces echanges, de ces prets sur gages et de ces resiliations. Son enjeu est de rendre compte des strategies qui menent un penseur lisant Proust a construire ou deconstruire ses cadres cognitifs, a s'articuler, dans la fluidite du jeu ou le coincement grincant, a une vie de la pensee ou (de)raison, emotion et fiction consonnent avec individuation. Sont ainsi restituees des pensees sensibles, comme autant de formes de soi traversees par le romanesque. (shrink)

This paper is a survey of recent results concerning connections between relation algebras , cylindric algebras and polyadic equality algebras . We describe exactly which subsets of the standard axioms for RA are needed for axiomatizing RA over the RA-reducts of CA3's, and we do the same for the class SA of semi-associative relation algebras. We also characterize the class of RA-reducts of PEA3's. We investigate the interconnections between the RA-axioms within CA3 in more detail, and show that only four (...) implications hold between them . In the other direction, we introduce a natural CA-theoretic equation MGR+, generalization of the well-known Merrry-Go-Round equation MGR of CA-theory. We show that MGR+ is equivalent to the RA-reduct being an SA, and that MGR+ implies that the RA-reduct determines the algebra itself, while MGR is not sufficient for either of these to hold. Then we investigate how different CA's a single RRA can 'generate' in the general case. We solve the first part of Problem 11 from the 'Problem Session Paper' of [2].While proving some of the statements, for others we give only outline of proof. The paper contains several open problems. A full version of this paper is under preparation.Keywords: relation algebras, cylindric algebras, polyadic algebras, algebraic logic, arrow logic, proof theory, finite variable fragments, provability with 3 variables, non-finitizability, twisting, non-standard models, neat reducts, representability. (shrink)

Upon hearing “Some of Michelangelo’s sculptures are in Rome,” adults can easily generate a scalar implicature and infer that the intended meaning of the utterance corresponds to “Some but not all Michelangelo’s sculptures are in Rome.” Comprehension experiments show that preschoolers struggle with this kind of inference until at least 5 years of age. Surprisingly, the few studies having investigated children’s production of scalar expressions like some and all suggest that production is adult-like already in their third year of life. (...) Thus, children’s production of implicatures seems to develop at least 2 years before their comprehension of implicatures. In this paper, we present a novel account of scalar implicature generation in the framework of Bidirectional Optimality Theory: the Asymmetry Account. We show that the production–comprehension asymmetry is predicted to emerge because the comprehension of some requires the hearer to consider the speaker’s perspective, but the production of some does not require the speaker to consider the hearer’s perspective. Hence, children’s comprehension of scalar expressions, but not their production of scalar expressions, is predicted to be related to their theory of mind development. Not possessing fully developed theory of mind abilities yet, children thus have difficulty in comprehending scalar expressions such as some in an adult-like way. Our account also explains why variable performance is found in experimental studies testing children’s ability to generate scalar implicatures; moreover, it describes the differences between children’s and adults’ implicature generation in terms of their ability to recursively apply theory of mind; finally, it sheds new light on the question why the interpretation of numerals does not require implicature generation. (shrink)

Disruptions in theory of mind faculties and the ability to relate to an intersubjective reality are widely thought to be crucial to schizophrenic symptomology. This paper applies a cognitive linguistic framework to analyze spontaneous perspective-taking in two corpora of stories told by people with a schizophrenia diagnosis. We elicited natural narrative language use through life story interviews and a guided storytelling task and analyzed the linguistic construal of viewpoint in these stories. For this analysis, we developed a reliable and widely (...) applicable viewpoint model that allows for the categorization and quantification of speakers’ linguistic presentation and navigation of spatiotemporal domains. We found that our participants skillfully presented, navigated and embedded different narrative viewpoints through a variety of linguistic viewpoint devices. They presented complex viewpoints of other people in both the here-and-now of the interaction and the there-and-then of a narrative, and made use of transition markers to demarcate spatiotemporal discourse domains. We found no differences in viewpoint variables when comparing their guided stories to a control group. If problems with intersubjectivity are indeed an essential part of schizophrenia, an explanation of how this group can take on and navigate complex linguistic viewpoints in natural narrative interaction is called for. (shrink)

Understanding cooperation and punishment in small-scale societies is crucial for explaining the origins of human cooperation. We studied warfare among the Turkana, a politically uncentralized, egalitarian, nomadic pastoral society in East Africa. Based on a representative sample of 88 recent raids, we show that the Turkana sustain costly cooperation in combat at a remarkably large scale, at least in part, through punishment of free-riders. Raiding parties comprised several hundred warriors and participants are not kin or day-to-day interactants. Warriors incur substantial (...) risk of death and produce collective benefits. Cowardice and desertions occur. (shrink)

Book synopsis: Simon May presents a fresh and wide-ranging critique of Nietzsche's famous attack on traditional morality, and of his controversial ethics of 'life-enhancement'. He reveals Nietzsche as both revolutionary and conservative–as one who repudiates traditional 'moral' conceptions of God, guilt, asceticism, pity, and truthfulness, and yet retains a demanding ethics of discipline, conscience, 'self-creation', generosity, and honesty. In particular, May shows how Nietzsche rejects truthfulness as an unconditional value and yet celebrates it as one of his own highest (...) values, whose worth is determined by who is pursuing it, for what end, and when in their lives. May is strongly critical of various aspects of Nietzsche's thought–his self-defeating conception of justice, his assumption that 'life-enhancement' necessarily demands world-affirmation, his ambition to de-deify the world, and the impossible and undesirable autonomy of the Übermensch. But Nietzsche is shown to offer modernity key elements of a coherent ethic, and to provide moral philosophy with important tools for reassessing some of its most cherished values and concepts. May's book will be illuminating not just for scholars and students of Nietzsche, in philosophy, literature, and history of ideas, but for anyone interested in current debates about ethics and modernity. (shrink)

Objectives: To analyse and compare the surveys on German doctors and judges on end of life decision making regarding their attitudes on the advance directive and on the dying process.Design: The respondents were to indicate their agreement or disagreement to eight statements on the advance directive and to specify their personal view on the beginning of the dying process.Participants: 727 doctors in three federal states and 469 judges dealing with guardianship matters all over Germany.Main measurements: Comparisons of means, analyses of (...) variance, pivot tables and factor analyses .Results: Three attitude groups on advance directive were disclosed by the analysis: the decision model, which emphasises the binding character of a situational advance directive; the deliberation model, which puts more emphasis on the communicative aspect; and the delegation model, which regards the advance directive as a legal instrument. The answers regarding the beginning of the dying process were broadly distributed, but no marked difference was observed between the responding professions. The dying process was assumed by most participants to begin with a life expectancy of only a few days.Conclusions: A high degree of valuation for advance directive was seen in both German doctors and judges; most agreed to the binding character of the situational directive. Regarding the different individual concepts of the dying process, a cross-professional discourse on the contents of this term seems to be overdue. (shrink)

This paper analyzes a recent case in which a court, like the Daubert Court, was asked to demarcate legitimate from illegitimate science. The court was the International Court of Justice (ICJ), and it was asked by the state of Australia to find the state of Japan in violation of the International Convention for the Regulation of Whaling because of its licensing of a research program that engaged in killing whales ostensibly “for purposes of scientific research.” Australia premised a good portion (...) of its argument on a four-part definition of “scientific research,” reminiscent of the four notorious “Daubert criteria,” and the claim that the Japanese research program, “JARPA II,” failed to comply with this definition. The paper suggests that the Court’s judgment, which forced Japan to temporarily cease whaling, illustrates the merits for courts of avoiding the temptation to engage in demarcation exercises. (shrink)