Maya Moral and Ritual Discourse: Dialogical Groundings for Consuetudinary Law

Toward the end of the twentieth century, Highland Maya intellectuals and activists in Guatemala began to argue for the recognition of indigenous customary law, rooted in traditional Maya moral and ritual discourse. Such law is often in tension with the Western notion of rights (grounded in the idea of universal reason) that undergirds national and international treatises regarding indigenous peoples. This essay identifies three distinct but mutually engaged pairs of moral concepts—hot/cold, left/right (or positive/negative), and favorable/not favorable—articulated through K'iche' Maya quotidian and ceremonial practices and speech. It also identifies the extent to which they do not necessarily align with Western (Abrahamic and religious) notions of good and bad. These three pairs of moral terms, specifically as conserved through the high‐register of Maya discourse used by traditional ceremonial specialists, illustrate a normative means by which Highland Maya discern understandings of justice, and ground their advocacy for restorative (rather than retributive or punitive) justice.     

Response to Critics

In this “Response to Critics,” Cathleen Kaveny continues the conversation in the JRE symposium centered on her recent book, Prophecy without Contempt: Religious Discourse in the Public Square. The book's central argument is that adequate discussion of contention in the contemporary public square requires attending to matters of rhetoric, particularly the rhetoric of prophetic indictment. Kaveny engages the comments of four interlocutors: Alda Balthrop‐Lewis, James Childress, William Hart, and Martin Kavka. The first section, “Overarching Goals,” summarizes the objectives of the book. The second section, “Methodology,” engages critics regarding methodological issues, highlighting Kaveny's commitment to a version of MacIntyre's tradition theory and her indebtedness to her legal training. The third section, “Structure,” responds to particular questions her interlocutors raise about the four parts of the book. The fourth section, “Larger Questions,” ponders the next stages of the academic and political discussion about contention in the public square.     

Following the law because it’s the law: obedience,bootstrapping, and practical reason

Voluntarists in the early modern period speak of an agent’s following the law because she was ordered to do so or because it’s the law. Contemporary philosophers tend either to ignore or to dismiss the possibility of justified obedience of this sort – that is, they ignore or dismiss the possibility that something’s being the law could in itself constitute a good reason to act. In this paper, I suggest that this view isn’t taken seriously because of certain widespread beliefs about practical reason – in particular, it’s due to the belief that it’s impossible for reasons to be “bootstrapped” into existence. I argue, though, that a plausible account of practical reasoning should allow that reasons can be bootstrapped into existence, and so there’s no reason to be suspicious about the possibility of a person’s being justified in following the law because it’s the law. I end by suggesting that this conclusion opens up important new avenues of inquiry for philosophers working on topics related to legal obedience.     

Reformation Humanism: Reading the Classics in the New Theology

Scholarly discussions on what constitutes Christian humanism in the Renaissance and Reformation periods have typically concentrated on its manifestations before 1536, when Erasmus died. In this period, the old arguments for the reading of the Classics once set out by Basil and Augustine still predominated. Calvin’s teaching on the Fall and the noetic effects of sin, however, provided another basis for the incorporation of pagan thought into Christian learning. Christians who followed Calvin benefited from his precise and comprehensive theological position on the place of worldly knowledge in God’s original creation as a means for justifying their study of the Classics.     

Hick’s law equivalent for reaction time to individual stimuli

Hick’s law, one of the few law-like relationships involving human performance, expresses choice reaction time as a linear function of the mutual information between the stimulus and response events. However, since this law was first proposed in 1952, its validity has been challenged by the fact that it only holds for the overall reaction time (RT) across all the stimuli, and does not hold for the reaction time (RT_i) for each individual stimulus. This paper introduces a new formulation in which RT_i is a linear function of (1) the mutual information between the event that stimulus i occurs and the set of all potential response events and (2) the overall mutual information for all stimuli and responses. Then Hick’s law for RT follows as the weighted mean of each side of the RT_i equation using the stimulus probabilities as the weights. The new RT_i equation incorporates the important speed–accuracy trade-off characteristic. When the performance is error-free, RT_i becomes a linear function of two entropies as measures of stimulus uncertainty or unexpectancy. Reanalysis of empirical data from a variety of sources provide support for the new law-like relationship.     

Revisiting the crossroads: can Oedipus take a gay turn in the 21st C?

Is our foundational story of sexual identity still relevant and valid for today, or is it wrong? Oedipus has been used in the past as a cautionary tale for the consequences of transgressive sexuality, as well as an exemplar of hetero-normative development. Perhaps most influentially he has been used recently to illustrate a mechanism that underpins the concept of a pathological organization of personality, a perverse turning of a blind eye to the truth. But is this reading mistaken? In this article I return to the crossroads with Oedipus to try to give him back – for the first time – his sexual identity. By offering a re-reading of the myth in light of how we understand the impact of internalized stigma on the formation of sexual identity today I hope to show that our psychoanalytic imagination can use the Oedipus myth to encompass a range of different developmental possibilities.     

中国古代亲隐原则探讨

亲隐原则是为解决情与法的冲突,依据两害相权取其轻的方法原则所确立的价值取舍原则,其现实基础是以血缘根基和家庭伦理本位为基本特点的中国传统社会。它适合中国过去的社会实际,对我国的传统伦理和古代法律都产生了重要影响,在今天也具有一定的立法意义。     

Psychological evidence in the courtroom: critical reflections on the general acceptance standard

The increasing ties between psychology and law have familiarized psychologists with the standards by which law admits scientific evidence into the courtroom. In the USA, these include the general acceptance standard and the Daubert guidelines and, in the UK, the Turner Rule. However, the psychological literature has largely failed to make clear the degree of legal debate that exists concerning the clarity and effectiveness of such standards. This paper will focus on the general acceptance standard, examining key problems of this standard and placing them in a specifically psychological context. Such consideration is important precisely because the standard has become so well known within the psychological literature and because insufficient attention has been given to the way in which it operates implicitly within jurisdictions outside the USA. The authors argue that it is the responsibility of psychologists to become more involved in the debate concerning admissibility standards, given the credibility and authority that law accords to psychology when admitting it into the courtroom. In particular, psychologists need to become more self-reflective about their role in creating and maintaining such standards. © 1998 John Wiley & Sons, Ltd.     

Effects of Interspersing Briefer Mathematics Problems on Assignment Choice in Students with Learning Disabilities

Within- and between-series designs were combined and used to evaluate the effects of interspersing briefer math problems (i.e., one-digit by one-digit multiplication, 1 × 1) with more time-consuming problems (i.e., two-digit by one-digit multiplication, 2 × 1) on time allocation to one of two concurrent computer-delivered mathematics computation assignments in four high school students with specific learning disabilities in mathematics. The computer presented students with a choice of 2 × 1 problems with 1 × 1 problems interspersed every third problem (i.e., experimental assignment) or 2 × 1 problems without interspersal (i.e., control assignment). Visual and statistical analysis showed that students allocated a greater percentage of their time to the interspersal assignments. These results support previous research on the matching law and problem completion rates and suggest that students' preference for assignments can be improved through the interspersal technique. Discussion focuses on future research and applied educational implications for curricula construction and task sequencing.     

On the Question, “What is Law?”

Res Publica - Re-framing discussion of the question, “What is law?“ in terms of the contexts in which the whole question makes sense allows us to see that jurisprudence is about...