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.     

论焦循的易学与堪舆学

作为清代乾嘉之际扬州学派代表人物,作为著名易学家,焦循不仅以精研《周易》著称,而且以易学的理论,对传统堪舆学进行了认真的考辨和分析,语多精谛。特别是对明清两代广泛流行的堪舆之学,从学理上作了深入的批判,这在清代乾嘉之际的学术界,可谓空谷足音,对我们今天研究焦循的易学思想,其中不乏积极的学术启发意义。     

The study of American religion: looming through the glim

The study of American religion has been expanding to include new perspectives, previously neglected characters, and new geographic insights, driven by critical reflection on the assumptions and ideologies that historically have shaped the field, such as its focus on institutions, doctrines, and texts, its nationalistic westward-expansion historical narrative, and its Protestant biases. The past two decades have seen illuminating work emerge on race and gender, popular culture, class, and the marketplace. But we need to push beyond filling in gaps in the historical record to engage methodological and theoretical concerns in the academic study of religion. Exploring the development of theories of religion in the context of global networks of exchange shaped by 19^th-century seafarers is one example of how Tom Tweed's recent call in this journal for a geographic and temporal expansion of the study of religion in America might raise new questions and perspectives for the field.     

Effects of Conflict Resolution Training Integrated Into a High School Social Studies Curriculum

Abstract

The authors examined the effectiveness of conflict resolution and peer mediation training among California high school students. The authors randomly assigned 2 of 4 classes to receive 5 weeks of conflict resolution and peer mediation training integrated into the required social studies curriculum. The remaining 2 classes studied the same social studies curriculum for an identical amount of time (105 min every other day) without conflict resolution and peer mediation training. The authors investigated 2 issues. The 1st was the effectiveness of the conflict resolution and peer mediation training. The trained students, compared with the untrained students, learned the integrative negotiation and peer mediation procedures better, applied the procedures more completely, chose an integrative over a distributive approach to negotiation, and developed more positive attitudes toward conflict. The 2nd issue was the impact of the training program on academic achievement. Integrating conflict resolution and peer mediation training into an academic course promoted higher achievement, greater long-term retention of the academic learning, and greater transfer of academic learning in social studies to language arts.     

Professional Counseling in Nigeria: Past,Present, and Future

The events that circumscribed the parameters of today's counseling in Nigeria are many and varied regarding their influence in shaping the development of the profession in the country. The authors review these events and the current status of counseling in Nigeria, including the challenges faced in the profession. Future trends and suggestions for strengthening the profession are emphasized.     

Delineating the Structural Precursors and Cognitive Consequences of Personal Powerlessness: the Filipino Woman's Experience

Adopting a structural-cognitive perspective and path analysis, this study demonstrates that personal powerlessness generates sequelae of maladaptive cognitions, namely, low self-esteem, low success expectancies and a weak motivation for self-improvement. Despite adverse structural and natural forces, Bicolano women exhibited self-efficacy, high self-esteem, and strong propensity for self-improvement, albeit expressing low success expectancies. These constructive cognitions can be attributed to the women's strong achievement ethic, high educational attainment, and supportive kinship system. These factors also compensate for the depressive effects of low success expectancies on the motivation for self-improvement. Implications for empowerment strategies and cognitive literature are discussed.     

A Theological Challenge: Coordinating Biological, Social, and Religious Visions of Humanity

This paper attempts two tasks. First, it sketches how the natural sciences (including especially the biological sciences), the social sciences, and the scientific study of religion can be understood to furnish complementary, consonant perspectives on human beings and human groups. This suggests that it is possible to speak of a modern secular interpretation of humanity (MSIH) to which these perspectives contribute (though not without tensions). MSIH is not a comprehensive interpretation of human beings, if only because it adopts a posture of neutrality with regard to the reality of religious objects and the truth of theological claims about them. MSIH is certainly an impressively forceful interpretation, however, and it needs to be reckoned with by any perspective on human life that seeks to insert its truth claims into the arena of public debate. Second, the paper considers two challenges that MSIH poses to specifically theological interpretations of human beings. On the one hand, in spite of its posture of religious neutrality, MSIH is a key element in a class of wider, seemingly antireligious interpretations of humanity, including especially projectionist and illusionist critiques of religion. It is consonance with MSIH that makes these critiques such formidable competitors for traditional theological interpretations of human beings. On the other hand, and taking the religiously neutral posture of MSIH at face value, theological accounts of humanity that seek to coordinate the insights of MSIH with positive religious visions of human life must find ways to overcome or manage such dissonance as arises. The goal of synthesis is defended as important, and strategies for managing these challenges, especially in light of the pluralism of extant philosophical and theological interpretations of human beings, are advocated.     

Rescher's Metaphilosophy

Books reviewed in this article:
Nicholas Rescher, Philosophical Standardism
Nicholas Rescher, The Strife of Systems
Nicholas Rescher, A System of Pragmatic Idealism. Vol. III, Metaphysical Inquiries     

Frontal-Lobe Involvement in Spatial Memory: Evidence from PET,fMRI, and Lesion Studies

Many studies have identified the prefrontal cortex as the brain area that is critical for spatial memory, both in humans and in other primates. Other studies, however, have failed to establish this relation. Therefore, the aim of this paper was to review the literature regarding the role of the human prefrontal lobe in spatial memory. This was done by examining the evidence obtained from neuropsychological patients and from studies using brain-imaging techniques (PET and fMRI). Evidence supporting the notion that the prefrontal cortex is extensively involved in spatial working memory was found. The majority of these studies, however, suggests that frontal-lobe involvement is not related to the type of material that is being processed (e.g., spatial vs. nonspatial), but to process-specific functions, such as encoding and retrieval. Theoretically, these functions could be linked to the central executive within Baddeley's working-memory model, or to recent theories that emphasize the various processes that play a role in working memory. Also, methodological issues were discussed. Further research is needed to enhance our understanding of the precise interaction of domain-specific and general processes.