Facing Down the Representation of An Impossibility: Indigenous Responses to a ‘Universal’ Problem in the Repatriation Context

This paper explores the ways Native Americans and Native Hawiians have responded to what Ernesto Laclau has called ‘the representation of an impossibility’—the discursive crisis faced by non-dominant groups who seek to advance rights claims in ways that are culturally rooted but universally audible to ideologically dominant audiences. Taking the NAGPRA law of 1990 as its case study, this paper asserts the need for a re-theorisation of indigenous religious discourse in order to illuminate the ways native peoples build rather than concede agency through self-representations in the current political moment. Pursuing this argument, the paper charts an analytical course specifying the relationship of rights claims to discourse, hegemony, articulation, tradition, and religion. The paper then focuses upon specific examples of religious claims in the context of the Native American Graves Protection and Repatriation Act to demonstrate the ways Native Americans have faced down an ‘impossibility’.     

Functional Neuroimaging and the Law: Trends and Directions for Future Scholarship

Under the umbrella of the burgeoning neurotransdisciplines, scholars are using the principles and research methodologies of their primary and secondary fields to examine developments in neuroimaging, neuromodulation and psychopharmacology. The path for advanced scholarship at the intersection of law and neuroscience may clear if work across the disciplines is collected and reviewed and outstanding and debated issues are identified and clarified. In this article, I organize, examine and refine a narrow class of the burgeoning neurotransdiscipline scholarship; that is, scholarship at the interface of law and functional magnetic resonance imaging (fMRI).     

Global government or global governance? Realism and idealism in Kant's legal theory

Did Kant believe we need a world government? It has been a matter of controversy in Kant scholarship whether Kant endorsed the creation of a world state or merely a voluntary federation of states with no coercive power. I argue that Kant's main concern was with a global juridical condition, which he regarded as a rational requirement given the equal freedom and equality of individuals. However, he recognized that implementing this rational ideal requires sensitivity to contingent aspects of world politics. I will argue that Kant offers an ideal theory not disentangled from realist considerations and that he adopts what I will call methodological realism: the attempt to realize the requirements of Right (Recht) in a world governed by its own laws and mechanisms. I will illustrate this interpretation with Kant's discussion of the right of nations (Völkerrecht). The confusion in regard to Kant's actual position on the matter, I will argue, is a direct consequence of Kant's methodological realism. The article concludes by showing how Kant’'s ideas and methods can inspire us to rethink global institutions for our current global challenges.     

Luther in Context: With Illustrations

The author explores his work on the first volume of The Annotated Luther detailing Luther's commitment to humanism's “good letters” and his developing theology of preaching law and gospel, especially indicated by the Ninety‐five Theses and Freedom of a Christian.     

Choice in quail neonates: the origins of generalized matching

Although newborns have surprised scientists with their learning skills, proficiency on concurrent schedules of reinforcement requires (in effect) the ability to integrate and compare behavior–consequence relations over time. Can very young animals obey the quantitative relation that applies to such repeated choices, the generalized matching law? The provenance of the skill is not well understood, and this study provides the first investigation of matching in neonates. Northern bobwhite (Colinus virginianus) hatchlings pecked left and right targets on a touchscreen for heat delivery on a concurrent variable-interval reinforcement schedule. Within 5 days after hatching, the chicks showed sensitivity levels significantly greater than zero, but short of typical adult levels. However, stable sequential patterns emerged almost immediately, including a consistent choose-rich tendency after unreinforced responses, one that entails some degree of temporal integration. These exploratory data suggest that the basic ability to match develops quickly in this precocial species, but that more extensive experience may be required to achieve the higher sensitivities typically seen in adults.     

MARTIN LUTHER'S EXPERIENTIAL THEOLOGY AS A MODEL FOR FAITH-SCIENCE RELATIONSHIPS

The approach of experiential realism could indicate where science and faith deal with the same reality, where science questions faith assumptions, and where faith goes beyond the mandate and method of science. Although prescientific, Martin Luther's theology is the classical prototype of an experiential theology. We experience God's creative power in all of reality. We discern its regularities through observation and reason. So faith opens up all the space needed by science. However, experienced reality is highly ambiguous. It obscures God's intentions. God's intentions are revealed in the proclamation of the gospel: God is unconditionally for us and with us and not against us. This proclamation is a promise, appropriated in faith, and geared to a vision of what ought to become. It is based on the interpretation of a catastrophe—the cross of Christ—as God's pivotal redemptive act in human history. It goes beyond the mandate and method of science, yet it is capable of giving the latter a sense of purpose, criteria of acceptability, and authority to act in the interests of humanity and the earth. Theology challenges science to acknowledge the necessity of a transcendent frame of reference and moral accountability. Scientific insight challenges theology to reconceptualize its assumptions on God, creation, and eschatology to integrate best science.     

In Search of a Reconciliation Between Semiotics,Thermodynamics and Metasystem Transition Theory

The disciplines of cybernetics, semiotics and thermodynamics investigate evolutionary processes quite independently from each other. The aim of this paper is to draw the parallels and point out the possibility and necessity of a reconciliation between these disciplines. The concept of metasystem transition has been proposed by Turchin as a quantum of evolution from a cybernetic point of view. Semiotic processes are of prime importance for the realisation of metasystem transitions in the course of evolution. From a thermodynamic point of view, the emergence of more complex, self-producing agents depends on the emergence of more advanced forms of semiosis. As an evolutionary consequence, more symbolic forms of semiosis that allow higher competence for abstraction and anticipation emerge.     

Optimal behavior and concurrent variable ratio-variable interval schedules

Concurrent variable ratio-variable interval (CONC VRVI) schedules of reinforcement, and the time-based analog of the same schedule (CONC VT*VT), have been used to determine if the matching law accounts for the distribution of choices between the behavior alternatives more accurately than the assumption that subjects distribute time between the alternatives to maximize total reinforcement rate. The results of those experiments leave room for interpretation. One problem is the lack of understanding of the theoretical outcomes associated with maximization in these schedules. A precise understanding of the characteristics of optimal behavior (OB) could help identify experimental evidence of OB. Here we derive equations that describe the optimal times the subject should spend on each alternative of the schedule. We provide a table of the optimal times for a wide range of parameter values of the schedule that experimenters can use to compare easily experimental results to the results expected if subjects behave optimally. We also derive a function m that relates matching and optimal performance and we prove interesting characteristics of the function. Finally, we describe features of OB with CONC VT*VT and with concurrent variable time schedules that can be used to identify evidence of OB.     

TRANSCENDENTALISM OR EMPIRICISM? A DISCUSSION OF A PROBLEM RAISED IN E. O. WILSON'S BOOK CONSILIENCE

Abstract. E. O. Wilson writes that the “choice between transcendentalism and empiricism” is this century's “version of the struggle for men's soul” (1998, 240). The transcendentalist argues for theism—that there is a God, a creator of the world. The empiricist instead makes the point that the notion of God, including morality and ethics, are adaptive structures of human evolution. Before entering the debate of the transcendentalist/empiricist controversy I analyze how things exist and suggest that all that is exists as united diversity, as identity in difference. I argue that oneness by itself is intangible because wholes are concrete only through their tangible parts. I briefly discuss this understanding of existence in the realm of art to show that transcendence and immanence are not mutually exclusive but constitute each other. I conclude that existence, the hypostasis of unity in diversity, might be seen as a gift from absolute existence. In this view, the world might reveal itself as a gift that reflects the trinitarian existence of the Giver.     

艰难的安乐死

安乐死立法难,依法更难,执法难上难.有法不依,执法不严;一失足成千古恨,再回头已是百年身.