Antecedents to Fechner's law: the astronomers J. Herschel, W. R. Dawes, and N. R. Pogson

The history of the stellar magnitude scale is briefly traced from the second century b.c. until the middle of the nineteenth century. It becomes clear that astronomers formulated "Fechner's Law" by about 1850. While Fechner is credited with the grander view of things, the contention is made that the astronomers John Herschel, W. R. Dawes, and N. R. Pogson have not been given their due by historians of psychology.     

Marginal maximum likelihood estimation of item parameters: Application of an EM algorithm

Maximum likelihood estimation of item parameters in the marginal distribution, integrating over the distribution of ability, becomes practical when computing procedures based on an EM algorithm are used. By characterizing the ability distribution empirically, arbitrary assumptions about its form are avoided. The Em procedure is shown to apply to general item-response models lacking simple sufficient statistics for ability. This includes models with more than one latent dimension.Supported in part by NSF grant BNS 7912417 to the University of Chicago and by SSRC (UK) grant HR6132 to the University of Lancaster.We are indebted to Mark Reiser and Robert Gibbons for computer programming. David Thissen clarified a number of points in an earlier draft.     

The antitrust, discrimination, and malpractice implications of specialization

In response to pressure from applied psychologists for the creation of speciality certification boards, professional organizations (e.g., the American Psychological Association and the American Boards of Professional Psychology) have considered and developed specialization and specialty recognition rules. This process may raise potentially serious professional and legal ramitications. Consequently, this article evaluates significant antitrust, discrimination, and malpractice remifications connected with specialization and specialty recognition within the field of professional psychology. The issue raised in the antitrust and discrimination sections of the article affect the very creation of specialty boards, whereas the issue raised in the malpractice section may strongly affect the individual practitioner who becomes board certified. The overarching purpose of this article is to assess and explain the legal implications raised, to predict, where possible the legal treatment of particular specialization-related behavior, and to twarn about possible legal pitfalls and liabilities. Our goal is to arm specialization activity with foresight, so that this inevitable activity can be formulated responsibly by practitioners, specialty organization, and patient/consumers, in a direction useful both for psychology and society.     

Radical Orthodoxy, Luther, and the Challenge of Western Secularization

This "Theology Update" analyzes the Radical Orthodoxy of John Milbank in light of Martin Luther's dialectic between Law and Gospel. Milbank and his colleagues attack contemporary secularized culture in a manner parallel to Luther's attack on the 16^th century Holy Roman Empire for being soulless, aggressive, litigious, materialistic, and finally nihilistic. By re–engaging the battle between Thomas Aquinas and Duns Scotus, the radical orthodox party seeks to become post–modern by making a half turn back to the pre–modern Thomas, for whom philosophy and theology were integrated, subject was united to object, and being could be understood as relational because the Trinity is relational. Luther is mistakenly dismissed when reducing him to Scotus' nominalism, however. Lutheranism complements radical orthodoxy's analysis of secularized culture; yet Lutheranism maintains an integrity to faith–as the presence of Christ–that this new school fails to grant.     

Demonstrating “Reasonable Fear” at Trial: Is it Science or Junk Science?

This paper explores how scientific knowledge is used in a criminal case. I examine materials from an admissibility hearing in a murder trial and discuss the dynamics of contesting expert scientific opinion and evidence. The research finds that a purported form of “science” in the relevant scientific community is filtered through, tested by, and subjected to legal standards, conceptions, and procedures for determining admissibility. The paper details how the opposing lawyers, the expert witness, and the judge vie to contingently work out what will count in court as appropriate scientific authority, methods and evidence, and as a scientifically valid and legally admissible account of “reasonable fear.” When science becomes enmeshed in legal controversies, science does not trump law. Rather, it is the court’s canons of proper procedure and measures of substantive adequacy that take precedence.

Reading Their Book of Faith: North American Muslims and Their Interpretations of the Qur'an in the Post 9/11 Era

Abstract :  This article seeks to provide an overarching view of the North American Muslim conversation about interpreting the Qur'an in a post 9/11 world. While most Western critiques of Islam focus on reading the texts of Islam, the author argues that one must also listen to the contemporary intra-Muslim conversation about their own text, in order to faithfully understand the Muslim perspective. In this conversation, the author provides evidence for a plurality of social-political views among Muslims and notes that the post 9/11 North American context is alive and well with such faith conversations.     

The catechism of the citizen: politics,law and religion in,after, with and against Rousseau

As a way of thinking through the bleakness of the political present through which we are all too precipitously moving, this essay attempts to demonstrate the interconnections between three concepts: politics, law and religion. By way of a detailed reading of Rousseau, I try to show how any conception of legitimate politics and law requires a conception of religion at its base and as its basis. In my view, this is highly problematic and in the conclusion an argument is presented for a politics of the supreme fiction, which attempts to show how poetry might take the place of religion.

Bodies against the law: Abu Ghraib and the war on terror

In this essay, I argue that the contemporary notion of law has been reduced to regulations and disciplinary codes that do not and cannot give meaning to our emotional lives and moral sensibilities. As a result, we have increasing numbers of what I call “abysmal individuals” who suffer from a split between law—broadly conceived as that which gives form and structure to social life—and personal embodied sensations of pain and pleasure. My attempt to understand the place of Abu Ghraib within American culture leads to an analysis of our valorization of innocence and ignorance that not only becomes the grounds on which we morally (if not legally) excuse abusive behavior as “fun,” but also becomes part of the justification for condoning some forms of violence while condemning others. In addition, I argue that the distinction between legitimate and illegitimate violence trades on underlying assumptions about the relationship between culture and nature, technology and bodies, wherein bodies are imagined as natural and outside of the realm of law.

Cosmopolitan Justice and Equalizing Opportunities

This paper defends a global principle of equality of opportunity, which states that it is unfair if some have worse opportunities because of their national or civic identity. It begins by outlining the reasoning underpinning this principle. It then considers three objections to global equality of opportunity. The first argues that global equality of opportunity is an inappropriate ideal given the great cultural diversity that exists in the world. The second maintains that equality of opportunity applies only to people who are interconnected in some way and infers from this that it should not be implemented at the global level. The third, inspired by Rawls's The Law of Peoples , maintains that it is inappropriate to thrust liberal ideals (like global equality of opportunity) on nonliberal peoples. Each of these challenges, I argue, is unpersuasive.