Autonomy,Vote Buying,and Constraining Options

A common argument used to defend markets in ‘contested commodities’ is based on the value of personal autonomy. (1) Autonomy is of great moral value; (2) removing options from a person's choice set would compromise her ability to exercise her autonomy; (3) hence, there should be a prima facie presumption against removing options from persons’ choice sets; (4) thus, the burden of proof lies with those who wish to prohibit markets in certain goods. Christopher Freiman has developed a version of this argument to defend markets in votes. I argue that Freiman's argument fails, and that its failure illustrates the falsity of the widespread claim that the more options a person has available to her the better able she will be to exercise her autonomy. In Part 1, I outline Freiman's argument from ‘the presumption of voter liberty’ for legalising markets in votes. In Part 2, I argue that the option to sell one's vote in a legal market for them would be a ‘constraining option’ – an option which, if chosen, would be likely to lead to a diminution in a person's future ability to exercise her autonomy. In Part 3, I respond to objections to my arguments.     

Practical Hermeneutics: the Legal Text and Beyond

ABSTRACT

This article attempts to show the continuing practical relevance of hermeneutics through the example of legal interpretation. The article begins with the very concrete nature of legal hermeneutics that forms everyday legal practice – the interrelation of meaning and application – and expands at a more theoretical to show how legal hermeneutics, and hermeneutics more generally, offers what Ricoeur calls an interpretive “choice in favor of meaning.” The choice in favour of meaning underscores the restorative character of hermeneutics that legal hermeneutics can epitomize. The article concludes with some of the challenges facing contemporary legal hermeneutics.     

Defeasibility,Law, and Argumentation: A Critical View from an Interpretative Standpoint

The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.

     

BLAME,MORAL STANDING AND THE LEGITIMACY OF THE CRIMINAL TRIAL

I begin by discussing the ways in which a would‐be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her (to call her to account for her wrongdoing). This provides the basis for an examination of a particular kind of ‘bar to trial’ in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of this often neglected legal phenomenon illuminates some central features of the criminal law and the criminal process, and some of the preconditions for the legitimacy of the criminal law in a liberal republic.     

Of Keys and Gifts: How to Read The Gift of Authority

Abstract

The Gift of Authority has received a cautious welcome from Anglicans. A reason for this, it is said, is that its language or culture are insufficiently Anglican. The article argues that this should not deter anyone because there are non-Anglican ecclesiologies – most notably that of Medard Kehl – which contain a vision of the Church that is basically the same as that behind The Gift, and which at the same time bear a close family resemblance to principles of Anglican ecclesiology. It is argued that using these as an Anglican ‘hermeneutical key’ to The Gift instead of focusing primarily on the language used, would substantially increase Anglican understanding and appreciation of the report.     

Does cardiovascular reactivity during speech reflect self-construction processes?

Abstract

Substantial empirical research has been undertaken on cardiovascular reactivity (CVR). however interpretation of this research is hampered by a lack of theoretical frameworks. This paper develops a framework initially stimulated by evidence demonstrating that the cardiovascular system increases in activity during communication, and that the extent of this activation depends upon numerous and diverse psychosocial factors. We attempt to account for this phenomenon using merit post-structuralist ideas concerning the constructive nature of language and its centrality to an individual's sense of self. Our theoretical framework proposes that the CVR exhibited during language use is explicable in terms of self-construction - From this analysis we hypothesised that CVR would differ across conversations about private self. public self and non-self topics, and that these differences would depend upon people's speaking histories. We found that the blood pressure and heart rate of 102 women was most reactive when they talked in a laboratory with a stranger about aspects of their private self, and least reactive during non-self talk, whilst their heart rate was most reactive during talk about their public self. Overall the results highlight the inextricable link between our inherent socialness and our cardiovascular systems.

SUMMARY

The explanatory scheme outlined here is an attempt to provide a social reconceptualisation of a phenomenon that is typically interpreted in individualistic psychophysiological terms, and which is consistent with the notion that repeated exposure to situations which provoke large haemodynamic changes may lead to CHD disease progression. The explanation draws heavily on post-structuralist ideas regarding language, and the social constructionist notion that engaging in language use is central to constructing and maintaining a sense of self. This sense of self is a central theoretical entity in our everyday lives, produced and maintained in our interactions with others. We argue that it is this centrality of self-construction that helps to explain the extraordinary consistency of elevated CVR in conversation. Further, we have noted the striking parallels between those features of conversations that make the self salient, and those that have been associated with elevated CVR. To examine it more explicitly, it needs to be tested empirically with new data, using explicitly derived operationalisations and hypotheses.     

The principle of liberty and legal representation of posterity

This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, the right to bring an action before a court of law for adjudication. Although the guardianship model faces several difficult theoretical and practical problems pertaining to the representation of different near and distant future generations, it is argued that this model – and certain other legal norms intended to protect future basic needs – can be justified on the basis of the principle of liberty.     

Semantics and the sacred

ABSTRACT

This article looks at four different scholarly perspectives on ‘sacred’ – the ineffable sacred, the experienced sacred, the polarized sacred and the contextualized sacred – in order to draw out their implicit presuppositions about meaning. The first two stances presuppose that meaning depends on what bits of language are about (referentialism), and the other two stances presuppose that meaning depends on relations between bits of language (holism). The article concludes three things: these prominent views of ‘sacred’ rest on usually implicit or unrecognized assumptions about the nature of meaning; some of those assumptions explain why certain theories are contentious and problematic and others ground more promising and productive approaches.     

Ecologies of care: addressing the needs of immigrant origin children and youth

ABSTRACT

Immigrant origin children and youth are now, and will continue to be, a diverse and demographically important segment of all post-industrial nations’ populations. In order to realize their potential, receiving contexts will need to find effective ways to integrate them into the fabric of their society. Using an ethic of care approach, we must begin by taking a comprehensive perspective on integration, which incorporates both a risk and resilience framework and an ecological perspective. A number of practices have emerged that have promise for positive implications for the schooling performance and educational integration of immigrant students These practices include 1 – short-term newcomer programs; 2 – specialized services for Students with Interrupted Formal Education; 3 – sustained services focused on new language development; 4 – services focused on heritage language development; 5 – providing explicit college pathway knowledge; 6 – summer and after-school academic enrichment programs; 7 – facilitating parental involvement (including translation and interpretation services); and 8 – advisory groups, after-school academic supports, mentoring and health services, and postsecondary supports. Providing the kinds of ecologies of care outlined here will go a long way toward helping these children and youth thrive and become the kinds of contributing members to their new society that will serve our collective future well.     

Unformulated experience,dissociation, and Nachträglichkeit

The paper is divided into two parts. The first part is an interpersonal/relational psychoanalytic account of some relationships between dissociation, time, and unformulated experience. Trauma, and the dissociation to which trauma leads, freezes time, which makes it impossible to formulate certain kinds of new experience. Instead, potential new meanings remain unformulated. The route of clinical access to frozen time is the interpersonal field: to thaw time and allow new experience, the ways in which the interpersonal field is itself frozen need to be addressed. A clinical illustration of these ideas is offered. The second part of the paper presents and explores a point of confluence between the views in Part 1 and certain aspects of French psychoanalysis, with particular reference to the concept of Nachträglichkeit in the work of Jean Laplanche and Haydée Faimberg.     

Emergent representations, interaction theory and the cognitive force of metaphor

We focus here on the problem of how new representations emerge through a cognitive agent's interaction with the environment. We address this problem within a framework where representation-building mechanisms operate to create new representations against a backdrop of existing representations, and argue that novel and creative metaphors in any language provide a prime example of this phenomenon. Our approach to modeling the emergence of representation integrates ideas from three different streams of research: (1) the interaction theory of metaphor proposed by Black and others to account for the creativity of metaphors; (2) gestalt theories of perception; and (3) contemporary research supporting a constructivist and action-oriented view of perception and cognition. Combining these insights together, we outline our Gestalt projection model, and discuss three different ways in which new representations might emerge through metaphors. Finally, we propose that metaphor may be viewed as a cognitive force through which a cognitive agent asserts its creative spirit onto the environment.     

Space and Language in Conceptualizing Identity

In this paper, we discuss the conceptualization of space as a dimension relevant to personal identity and the central role that is attributed to language with respect to its constitution. It is argued that the identification with a certain geographical space and the use of (a) certain language(s) or linguistic variety can be regarded as crucial for the self-definition of individuals and also groups. We pursue a threefold goal: (1) to highlight the contribution of geographical research to our understanding of the self as a phenomenon situated in space; (2) to discern merits, but also problems related to the recent strong emphasis of the role of language with respect to identity constitution, especially in constructivist and poststructuralist approaches; and (3) on the basis of these findings, to draw conclusions concerning the given and constructed elements of identity, with a particular focus on space and language. In addition to a survey of relevant theoretical positions, empirical examples are presented with the aim to illustrate how geographically marked identity is constituted.

     

The world in itself: Neither uniform nor physical

Since Hume, philosophers of induction have debated the question of whether we have any reason for assuming that nature is uniform. This debate has always presumed that the uniformity hypothesis is itself coherent. In Part 1 of the following I argue that a proper appreciation of Nelson Goodman's so-called grue-green problem¹ should lead us to the conclusion that the uniformity hypothesis, under its usual interpretation as a strictly ontological thesis, is incoherent. In Part 2 I argue that further consideration of the grue-green problem leads to the conclusion that certain popular versions of the thesis of physical supervenience/the primacy of physics, under their usual interpretation as strictly ontological theses, are false. In Part 3 I argue that the notions of natural kinds and nature's joints should not be taken as ontologically objective notions but as interest relative. Together Parts 1, 2, and 3 provide support for the Nietzsche-Goodman thesis that philosophers are prone to mistakenly identify as absolute, mind and language independent, features of the world which are in fact only features of a particular discourse, or of the world relative to a particular discourse.     

On memory

Abstract

Locke, in the seventeenth century, postulated (and rejected) an impossible language in which each individual thing, each stone, each bird and each branch, would have its own name; Funes once projected an analogous language, but discarded it because it seemed too general to him, too ambiguous. In fact, Funes remembered not only every leaf of every tree of every wood, but also every one of the times he had perceived or imagined it. He decided to reduce each of his past days to some seventy thousand memories, which would then he defined by means of ciphers. He was dissuaded from this by two considerations: his awareness that the task was interminable, his awareness that it was useless. He thought that by the hour of his death he would not even have finished classifying all the memories of his childhood. —Jorge Luis Borges, “'Funes the Memorious”     

Misinformation Versus Facts About the Contributions of Richard A. Gardner,M.D.

This document has been prepared to provide corrections for certain misrepresentations and misperceptions of some of my contributions. Some of these originated from conflicts in the legal arena, where attorneys frequently select out-of-context material in order to enhance their positions in courts of law. This is the nature of the adversary system, and it is one of the causes of the controversy that sometimes surround my contributions. Some of these misperceptions and misrepresentations have become so widespread that I considered it judicious to formulate this statement.     

When an academic culture based on self-enhancement values undermines female students’ sense of belonging,self-efficacy,and academic choices

ABSTRACT

Although overall women are better represented in higher education than men, women’s psychological experience in various academic contexts is qualified by a decreased sense of belonging and academic self-efficacy, including in fields where they are not targeted by a negative stereotype. To clarify this phenomenon, we develop the hypothesis of a mismatch between female students’ values and the values associated with success in the increasingly selective realm of higher education. We argue that, whatever the fields of study, these values are self-enhancement values (competitiveness, self-affirmation, dominance). Three studies showed that when success was depicted in terms of self-enhancement values, women – but not men – expressed a lower sense of belonging, had lower self-efficacy and were less likely to pursue a given academic opportunity both in STEM and non-STEM fields of study. These effects did not appear in an academic context depicting success as being rooted in self-transcendence values (helpfulness, cooperation, benevolence).     

Higher-Order Contingentism,Part 3: Expressive Limitations

Two expressive limitations of an infinitary higher-order modal language interpreted on models for higher-order contingentism – the thesis that it is contingent what propositions, properties and relations there are – are established: First, the inexpressibility of certain relations, which leads to the fact that certain model-theoretic existence conditions for relations cannot equivalently be reformulated in terms of being expressible in such a language. Second, the inexpressibility of certain modalized cardinality claims, which shows that in such a language, higher-order contingentists cannot express what is communicated using various instances of talk of ‘possible things’, such as ‘there are uncountably many possible stars’.