Contextualism Reconsidered: Some Skeptical Reflections

A number of theorists have touted the merits of the contextual approach to political theory, arguing that a close examination of real-world cases is more likely to yield both theoretical insight and practical solutions to pressing problems. This is particularly evident, it is argued, in the field of multiculturalism in political theory. The present paper offers some skeptical reflections on this view, arguing the merits of a view of political theory which sees the contextual approach as less distinctive than its proponents imagine, and less useful than many would suggest. It maintains that there are serious limits to what political theorists can achieve, even if political theory is not without its uses if we value social criticism.     

Making space: the natural,cultural, cognitive and social niches of human activity

This paper is in two parts. Part 1 examines the phenomenon of making space as a process involving one or other kind of legal decision-making, for example when a state authority authorizes the creation of a new highway along a certain route or of a new park in a certain location. In cases such as this, a new abstract spatial entity comes into existence – the route, the boundaries of the area to be set aside for the park – followed only later by concordant changes in physical reality. In Part 2, we show that features identified in studying this phenomenon of legal spacemaking can be detected in other spheres of human activity, for example in planning (where spacemaking is projected into the future), and in reasoning about history (where spacemaking is projected back through time). We shall see that these features display themselves in especially complex ways in our everyday use of language, and we conclude by examining the implications of this complexity for attempts to create an artificial intelligence that would enjoy a mastery of language that would be equivalent to that of human beings.

     

Bioethics as politics: the limits of moral expertise

The increasing reliance upon, and perhaps the growing public and professional skepticism about, the special expertise of bioethicists suggests the need to consider the limits of moral expertise. For all the talk about method in bioethics, we, bioethicists, are still rather far off the mark in understanding what we are doing, even when we may be going about what we are doing fairly well. Quite often, what is most fundamentally at stake, but equally often insufficiently acknowledged, are inherently political, essentially contested visions of the most compelling and attractive forms of life for individuals and social organization. The current situation in bioethics parallels similar debates in eighteenth-century jurisprudence, especially Jeremy Bentham's withering critique of the prevalent forms of judicial argument and his own, equally unsuccessful, attempt to develop a decision-making procedure in ethics that would operate on a plane above politics. The risk, both then and now, is that we will fail to appreciate the wide range of reasonable disagreement that will remain past the point of extended reflection and discussion.     

Constraining the Ruler: On Escaping Han Fei's Criticism of Confucian Virtue Politics

One of Han Fei's most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei's arguments while demonstrating how Xunzi can successfully counter them. In doing so, I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi's political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process.     

Transformative professional learning: an ecological approach to agency through critical reflection

Within the global economy, education leverages social and economic improvement. Teachers are positioned as drivers and agents of compliance within change processes. Addressing this concern, we investigate intern teacher agency, as transformative professional learning, that occurs through a process of critical reflection. Critical reflection is conceived as an important element of teacher agency within the current political milieu. This article addresses the role of critical reflection in school-based intern teacher professional learning (PL). It is argued that intern teacher agency is inherent in transformative PL characterized through partnerships, which provide scope for decision-making and critical reflection.     

Parallel Governing

ABSTRACT Parallel processing systems can carry out computational tasks which would be impossible to be carried out by sequential systems. Cognitive psychologists are discovering that brains do not operate on a sequential ordering of tasks, but along parallel processing models. Sequential ordering is abandoned in the new generation computers, which are being designed on evolving parallel processing models. My proposal consists in applying the parallel processing principles to the state, creating a 'parallel governing'model for the decision-making procedures at the political level, in place of the present sequentially ordered procedures. I describe the main principles of current parallel processing models, and use them towards the creation of a parallel governing system. The most fundamental principle is the 'De-Centralisation Principle', which requires that there be no centralised unit with special rights to information, or to policy-, and decision-making authority. In parallel governing, political and moral principles are built into the structure of the system, which consists of units of specialised interests and powers, with specialised channels of communication between them. I close by delineating the main differences between parallel governing and Nozick's utopia and Hayek's neo-libertarianism.     

Political Obligation,Dirty Hands and Torture; A Moral Evaluation

The example of a political leader who has to decide whether he would allow the torture of a suspect in order to get information about a ticking bomb has become notorious in ethical discussions concerning the tension between moral principles and political necessity. The relation between these notions must be made as clear as possible before a sincere moral evaluation of ticking bomb situations can be given. The first section of this article considers whether the concept of political obligation is different from moral and legal obligations or whether it is a special kind of moral obligation. In the second section, the idea that the dirty hands problem confronts us with the ambiguities of moral life is rejected because it would imply an untenable moral paradox. The thesis that is developed is, namely, if there is such a thing as political necessity, it must be some form of moral obligation. The third section analyses the concept of political necessity and concludes that it cannot overrule basic moral principles and that the international legal prohibition of torture must be considered to be a categorical imperative. In the last section, these ideas concerning political and moral necessity are brought in against the defence of torture, which should be tolerated in the ‘War on Terror’. There it will be argued that the use of the ticking bomb argument not only supports a highly hypocrite political practice but is also deceptive as a moral and political argument.     

RATIONALITY IN POLITICS

This essay examines current decision-making procedures in politics, especially those employed in parliamentary procedure, with a view to determining the extent to which they contribute to the making of rational political decisions. It concludes that political decision-making procedures are, on the whole, inferior to court-trial procedures, and proceeds to exploit this conclusion by describing a new method of political decision-making based on the concept of a political jury. This method, it is claimed, is more likely than present methods to produce sound legislation.     

Raising Our Game: The Necessity and Progression of Expertise-Based Training in Applied Sport Psychology

At present, training in applied sport psychology chiefly targets and accelerates professional competence. However, theory and evidence suggests that our clients would experience significant benefit if our training targeted and accelerated professional expertise rather than just competence. Specifically, we argue that expertise-based training can (a) help trainees to go on to break the “thinking ceiling” of competence; (b) foster a more independent, flexible, and creative form of practice; and (c) support a longer term and more practitioner-centered training philosophy. To deliver these benefits, we then conclude by outlining some key principles for the progression of expertise-based training in applied sport psychology.

Lay Summary: In light of the inconsistencies that still surround professional training in ASP, we discuss the merits that a more expertise-based agenda can bring to practitioners and, most important, our clients. We also discuss ways in which this agenda can be progressed to support an evidence-informed evolution of ASP training systems.     

GENOCIDAL MUTATION AND THE CHALLENGE OF DEFINITION

Abstract: The optimum definition of the term “genocide” has been hotly contested almost since the term was coined. Definitional boundaries determine which acts are covered and excluded and thus to a great extent which cases will benefit from international attention, intervention, prosecution, and reparation. The extensive legal, political, and scholarly discussions prior to this article have typically (1) assumed “genocide” to be a fixed social object and attempted to define it as precisely as possible or (2) assumed the need for a fixed convention and sought to stipulate the range of events that should be denoted by the term. Even if its meaning is a matter of convention, however, “genocide” is not a fixed object but varies by context and evolves in methods and forms over time. In fact, as relevant laws, legal interpretations, and political commitments develop, so do would‐be perpetrators modify what genocide is in order to avoid political and legal consequences. This article advances an approach to a definition of “genocide” that allows even legal definitions to keep pace with this evolutionary process.     

ISSUES AND IMPLICATIONS OF ESTABLISHING GUIDELINES FOR THE USE OF BEHAVIORAL TECHNIQUES

Several guidelines surrounding the use of behavioral procedures have recently appeared, the best of which is that of the National Association of Retarded Citizens (NARC). Some issues and implications of the establishment of guidelines are briefly reviewed in the context of the NARC guidelines. Issues include the factual versus opinion bases for guidelines and the need to continue the development of explicit behavioral criteria for assessing staff competence. Implications for programs include the impact of guidelines on professional boundaries, administrative decision-making, and budgeting, together with the dangers of expanding the regulatory bureaucracy. Several miscellaneous impacts are noted, including a potential for curbing innovative behavioral technology.     

Ripples in mental space caused by dark matters and twisted tales: Some reflections on memory,memoirs and therapeutic work

In this paper, the author reflects on the issues of memory and the writing of personal memoirs, and how this impinges on our professional work. Her title is drawn in part from the work of theoretical physicists who can hypothesise about the existence of dark matter by measuring the deformations it causes in surrounding stars and galaxies. What she suggests is that there may be limitations in keeping strictly to disciplinary boundaries, and our professional lives may defy our efforts to box them in. The opening of doors to a more extensive world of ideas is often helpful, both for psychoanalysis and for the fields which it can illuminate and by which it can also be illuminated. She uses the example of the publication and critical reception of her own memoir, Pieces of Molly to make links with our professional selves and our clinical work. She draws on the work of Freud, and other seminal thinkers in the field, as well as her own clinical work to illustrate the ways in which mental space and the memories within it can be contained and transformed over time, but also can be beset by both internal and external saboteurs.     

Anti‐Semitism and Insensitivity Toward Jews by the Counseling Profession: A Gentile's View on the Problem and His Hope for Reconciliation—A Response to Weinrach (2002)

The purpose of this article is to suggest solutions to the problems of anti‐Semitism and insensitivity toward Jews in the counseling profession, which were discussed by S. G. Weinrach (2002). Specifically, Gentiles are urged to promote healing between Gentile and Jewish counselors by acknowledging that anti‐Semitism exists, exploring biases about Jews, learning more about Jewish history and culture, and expressing genuine appreciation for Jewish colleagues. Also, Jewish counselors are invited to assist Gentiles in these efforts by affirming the good will of potential Gentile allies. Other pressing issues the profession must address, such as clarifying the boundaries between professional duties and the expression of personal religious and political convictions, are discussed. Above all else, this article communicates hope that Jewish and Gentile counselors can achieve a reconciliation that will enhance the counseling profession.     

Virtue blindness and hegemony: qualitative evidence of negotiated ethical frameworks in the social language of university research administration

The study used critical discourse analysis (CDA) to elucidate normative structures of ethical behavior in university research administration which may be useful for knowledge transference to future studies of research integrity. Research administration appears to support integrity in the research environment through four very strong normative domains: (1) respect for authority structures; (2) respect for institutional boundaries; (3) professionalism; and (4) a strong sense of virtue. The strong norm structure of research administration, however, appears to be threatened by the fifth domain, (5) political power, which is inhabited by prestigious faculty with tenure, top-down authority misalignment, and the power for some institutional members to circumvent the system. The strong normative structure also appears threatened by the overall consequentiality of the regulatory environment, and shifting contexts that threaten personal virtue. In the end, the normative structure is fluid, politically acquiescent to power, and ambiguous. Although the professional core of the norm structure is strong, the strengths and weaknesses in the overall system can be connected to poorly constructed elements of the institutional environment.     

Democracy justifies the means: political group structure moderates the perceived legitimacy of intergroup aggression

The present research tested the hypothesis that the political structure of conflicting groups moderates perceived legitimacy of intergroup aggression. In two experiments, participants read scenarios of fictitious summer camps in which members of one group aggressed members of another group. The political structure of both the perpetrator and the victim groups was described as either egalitarian (defined with democratic decision-making procedures) or hierarchical (authoritarian decision-making procedures). Results of both experiments showed that aggressions perpetrated by members of egalitarian groups at the expense of members of hierarchical groups were evaluated as less illegitimate than aggressions committed in the three remaining conditions. This effect is discussed as a function of the higher social value attributed to democratic groups.     

Germ-line gene therapy and the clinical ethos of medical genetics

Although the ability to perform gene therapy in human germ-line cells is still hypothetical, the rate of progress in molecular and cell biology suggests that it will only be a matter of time before reliable clinical techniques will be within reach. Three sets of arguments are commonly advanced against developing those techniques, respectively pointing to the clinical risks, social dangers and better alternatives. In this paper we analyze those arguments from the perspective of the client-centered ethos that traditionally governs practice in medical genetics. This perspective clarifies the merits of these arguments for geneticists, and suggests useful new directions for the professional discussion of germ-line gene therapy. It suggests, for example, that the much discussed prospect of germ-line therapy in human pre-embryos may always be more problematic for medical genetics than adult germ-line interventions, even though the latter faces greater technical difficulties.     

On the fragility of medical virtue in a neoliberal context: the case of commercial conflicts of interest in reproductive medicine

Social, political, and economic environments play an active role in nurturing professional virtue. Yet, these environments can also lead to the erosion of virtue. As such, professional virtue is fragile and vulnerable to environmental shifts. While physicians are often considered to be among the most virtuous of professional groups, concern has also always existed about the impact of commercial arrangements on physicians’ willingness and capacity to enact their professional virtues. This article examines the ways in which commercial arrangements have been negotiated to secure medical virtue from real or perceived threats of erosion. In particular, we focus on the concern surrounding conflicts of interest arising from commercial arrangements that have developed as a result of neoliberal economic and social policies. The deregulation of medical markets and privatization of services have produced new commercial relationships that are often misunderstood by patients, publics, and physicians themselves. ‘Conflicts of interest’ policies have been introduced in an attempt to safeguard ethical conduct and medical practice. However, a number of virtue ethicists have critiqued these policies as inadequate for securing virtue. We examine the ways in which commercial arrangements have been seen to impact upon medical virtue, both historically and in the context of modern medicine (using the example of fertility services in Australia). We then describe and critique current efforts to restore clinical virtue through both conflict of interest policies and through virtue ethics. Finally, we suggest some possible ways of addressing the corrosive effects of neoliberalism on medical virtue.     

Impact of the Political Context on Foreign Policy Decision-Making

One of the most pressing concerns in the study of international relations today is to develop a systematic account of the impact of domestic politics on foreign policy. This paper argues that domestic politics frequently influences foreign policy through a process of decision-making that grows out of the decision-maker's awareness of the requirements for effective action in the political context. It is therefore necessary to develop a theory that can explain how the political context's characteristic features affect decision-makers' thinking. In attempting to combine insights culled from the literature on political decision-making with psychological theories of decision-making processes, this paper offers a first step toward such a theory.     

Freedom as non-domination,education and the common avowable interests of pupils: A neo-republican critique of the Romanian educational legislation

An important branch of neo-republicanism holds that freedom as non-domination is the supreme ideal that should be pursued in a polity. In this paper I set out to better specify what neo-republicanism has to say about education. I propose a series of reforms that ought to track the common avowable interests of children, focusing on two important dimensions: i) establishing a proper institutional framework through which children can effectively influence decisions that will in turn affect them; and ii) how the civic education curricula should be modified so that the institutional framework will be upheld by virtuous future citizens. I then turn to showing how we can employ the neo-republican framework in order to criticise certain lacunae of educational systems and to improve upon these in a manner that would be in line with the desideratum of freedom as non-domination. The particular example that I focus on is that of Romania, a country whose educational legislation contains some minimal stipulations regarding civic education and pupils’ involvement in the decision-making process. Nonetheless, such stipulations either do not go far enough or are indeterminate, which might make them susceptible to implementation in a way that would be detrimental to the pupils’ common avowable interests.