Legal and Philosophical Fictions: At the Line Where the Two Become One

Anti-foundationalism is a central topic in recent legal scholarship. The critical legal studies movement (CLS) has mounted a strong challenge to the traditional belief that legal materials (constitutions, statutes, and precedents) determine legal outcomes and constrain judicial decision making. This scholarship has overlooked, however, the degree to which the debate between traditional legal determinacy and anti-foundational indeterminacy is yet another manifestation of a continuous debate in Western thought – one that has its roots in pre-Socratic rhetoric and philosophy.This paper traces the indeterminacy thesis back to the contest of ideas between Protagoras and Plato. I examine two well-known and elated Protagorean notions: first, that two arguments (logoi) are always set in opposition to one another with regard to every matter and, second, that the rhetorician can always make the weaker argument the stronger. I contend that taking these Protagorean notions seriously – perhaps even more seriously than self-avowed anti-foundationalists customarily do – leads paradoxically to a modified endorsement of foundationalism that is nevertheless wholly consistent with the Protagorean project. Calling upon texts by Aristotle, Seneca and René Girard, I focus upon how fictionality in representations of Platonically conceived Truth reveals a binarization in thought that is simultaneously untenable and unavoidable.     

Using a Conceptually-Based Predictor of Tenure to Select Employees

This paper describes the development and validation of a personnel selection instrument designed to predict employee tenure. The instrument was developed using models of employee turnover, psychodynamic theory, and beliefs regarding the optimal way to advance one's career. Four predictive designs were conducted to validate the instrument. Correlation coefficients ranged from .14 (p < .07) to .28 (p < .05) in predicting tenure.     

The Impact of Job Performance,Gender, and Ethnicity on the Managerial Review of Sexual Harassment Allegations1

This study examines the managerial review of sexual harassment allegations by subordinates against supervisors as a 2-stage attribution process. In the 1st stage, reviewers decide whether the behavior was inappropriate (misconduct). In the 2nd, reviewers decide the level of company responsibility. The reviewers' 2 decisions are influenced in distinct ways by scenario participant job performance, and the genders and ethnicities of reviewer and scenario participants. Male respondents exhibited some bias for high-performing same-ethnicity supervisors—a bias not present in female responses. In the 2nd stage, female and non-White reviewers assessed significantly higher levels of company responsibility than did male and White respondents. The data suggest that although men and women do not differ substantially over what constitutes misconduct, they do differ over the company's responsibility.     

Dimensions of the Male Gender Role: A Confirmatory Analysis in Men and Women

As researchers become more interested instudying the influences of the male gender role onpeople's physical and psychological well-being, measuresof several male role domains have been created,including psychological agency, traditional attitudestowards men, and masculine gender role stress (MGRS).These measures of the male gender role, however,typically have been constructed and validated using only samples of men. This restriction introducesquestions about the reliability and validity of theseinstruments in samples of women, leading to problemswhen generalizing findings to this group. The present study addressed these issues by examining thefactor structure, factor correlations, and latent meansof these three male role measures for a sample of mostlyCaucasian men and women, using multiple group confirmatory factor analytic techniques.Results showed only the dimensionality of the agenticpersonality traits differed significantly for men andwomen. The interrelationships among and latent means of agency, attitudes, and MGRS differed by sex.These findings demonstrate the utility of the currentconceptualization of sex and gender; in other words,that gender is not totally determined by sexand that men and women internalize many of the samegender cues, but differentially endorse them to varyingdegrees.     

DISORDERED EATING AND PERCEPTIONS OF CHILDHOOD ABUSE AMONG WOMEN IN A PRIMARY CARE SETTING

Research has demonstrated links between sexual abuse and disordered eating among women in college student and mental health samples. Little is known about such relationships among women from other samples or the relationship between other forms of childhood abuse as well as disordered eating (vomiting, starvation, laxative abuse). Prevalence of disordered eating was significantly higher among women who indicated a perceived childhood history of sexual, physical, or emotional abuse or who had personally witnessed violence.     

The short-term consequences of early onset cannabis use

The associations between early onset (prior to 15 years of age) cannabis use and rates of mental health or adjustment problems during the period from 15 to 16 years of age were studied in a New Zealand birth cohort. Early onset cannabis users were at increased risks of later substance use behaviors, conduct/oppositional disorders, juvenile offending, severe truancy, school dropout, anxiety, depression, and suicidal ideation. Early cannabis users had odds of these outcomes ranging from 2.7 to 30.8 times higher than the odds for those who did not use cannabis prior to age 15. Most of the elevated risks of early onset users were explained by the fact that they were a high-risk group of adolescents characterized by family disadvantages, early adjustment problems, and high affiliations with substance-using or delinquent peers. Nonetheless, even after adjustment for a wide range of confounding factors, early onset users had increased risks of later cannabis use. It is concluded that while most of the elevated risks of early onset users were explained by social, family, and individual characteristics of this group, early onset users were at increased risks of later cannabis use.This research was funded by grants from the Health Research Council of New Zealand, the National Child Health Research Foundation and the Canterbury Medical Research Foundation.     

Associations between nonparental care experience and preschooler's emotion regulation in the presence of the mother

This study tested predictions concerning the associations between children's nonparental care experiences and emotion regulation. It involved 53 participants (21 girls and 32 boys) of preschool age and their mothers. The children's care experiences ranged from those who were raised exclusively at home to those who had nonparental care experience beginning in early infancy. The participants were observed in a laboratory playroom, and their mothers were asked to complete questionnaires regarding their children's care histories and their current care situations. The children with extensive nonparental care backgrounds were found to be more likely to use self-directed emotion regulation behaviors when faced with a mildly frustrating situation. In the same situation, the children who had experienced minimal nonparental care were found to be more likely to use other-directed emotion regulation behaviors. Additionally, the children who had experienced care settings with large numbers of children in each care group or who had experienced many caregiver changes were more likely to use self-directed emotion regulation behaviors, whereas those who had experienced settings with smaller care groups and fewer caregiver changes were more likely to use other-directed emotion regulation behaviors.     

Dual-career Couples: The Selection Dilemma in International Relocation

No one factor could have as great an impact on multinational corporations (MNCs) than the dual-career phenomena. The selection of expatriate candidates is a complex process made more arduous by the career orientation of the expatriate's spouse. The need for a social support network is essential for the dual-career family to increase the probability of successfully completing an expatriate assignment.