Critical Legal Studies and argumentation theory

Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of reinforcing the existing political order. In an effort to explain the contribution of Critical Legal Studies to argumentation theory, this essay briefly discusses the role of legal reasoning in the American legal system, describes and critiques Legal Positivism, lays the intellectual foundation for Critical Legal Studies, and considers the implications that this conception of jurisprudence has for argumentation theory.     

Begging what is at issue in the argument

This paper objects to treating begging the question as circular reasoning. It argues that what is at issue in the argument is not to be confused with the claim or position that the arguer is adopting, and that logicians from Aristotle on give the wrong definition and have difficulty making sense of the fallacy because they try to define it in terms of how an argument is defined by logical theory - as a sequence consisting of premises followed by a conclusion. That the problematic about begging the question depends on treating an argument as a context-less sequence of statements seems to be anticipated by the pragma-dialectical approach. The paper offers a critique of this dialogical approach, as exemplified by Douglas Walton in his recent book on begging the question, on the grounds that it raises more problems than it solves. It concludes with the suggestion that what is really at issue in discussions of begging the question is the need for a theory of fallacy.     

Child conduct problems: Disorders in conduct or social continuity?

This paper outlines data and speculations relevant to a social continuity hypothesis regarding the development of children's conduct problems. According to the hypothesis, conduct problems arise from an absence of continuity in the child's relationship with parents. This absence constitutes an unpredictable and aversive context for the child, and because the youngster's disruptive conduct can generate short term continuity, that behavior is likely to be reinforced. A review of research concerning this hypothesis is presented and the conclusions focus on evidence of continuity in cooperative parent-child exchanges and discontinuity in non-compliant exchanges. The grounding of this hypothesis within social learning and theory is outlined and its heuristic value for future research and clinical interventions is presented.     

自我效能、价值、课堂环境及学习成绩与学业求助的关系

以１３５名初中二年级学生为被试,采用问卷研究了自我效能、价值、课堂环境及学习成绩与学业求助的关系。结果表明：（１）自我效能与求助益处、工具性求助呈显著正相关关系;与求助代价、执行性求助和回避求助呈显著负相关关系;（２）价值与求助益处、工具性求助呈显著正相关关系;与求助价价、执行性和回避求助呈显著负相关关系;（３）支持求助的课堂环境与工具性求助呈显著正相关关系;与来自老师的威胁和回避求助呈显著负相关     

Presidential Physiognomies: Altered Images, Altered Perceptions

Digitized facial images of Presidents Clinton, Reagan, and Kennedy were manipulated to test whether subtle feature alterations were powerful enough to shift social perceptions of them. It was expected that exaggeration of facial maturity cues would lead to shifts in perceptions of power (dominance, strength, and cunning) and warmth (honesty, attractiveness, and compassion). Each familiar face was made more neotenous by enlarging eyes and lips, and made more mature by reducing the sizes of these features. Undergraduate perceivers rated one version of each face. Though unaware of feature changes, perceivers were affected by them. In Study 1, neotenous features made Clinton seem more honest and attractive, even to perceivers who did not support him in the 1996 election. In Study 2, mature features made Kennedy, the youngest U.S. president, seem more cunning and made Reagan, the oldest president, appear less powerful and less warm; neotenous features reduced ratings of both Kennedy's and Reagan's power, whereas neotenizing the familiar face of Clinton increased ratings of his honesty and attractiveness without diminishing perceptions of his power. Overall, the results suggested that subtle alterations of proximate physiognomic cues can be used to manipulate perceivers' social perceptions of familiar political leaders.     

Motivation for Collective Action: Group Consciousness as Mediator of Personality, life Experiences, and Women's Rights Activism

Prior research on political activism focused on direct predictors of collective action (e.g., life experiences), with little attention paid to what psychologically motivates individuals to act. The group consciousness literature provides an obvious psychological motive for activism, but ignores individual difference variables that differentiate people who develop group consciousness from those who do not. This article integrates the two literatures on activism and group consciousness, and presents a model whereby group consciousness mediates relationships between collective action and personality and life experiences. The general model was evaluated empirically by examining feminist consciousness and women's rights activism in two samples. Feminist consciousness was found to mediate relationships between activism and anumber of personality and life experience variables, including low authoritarianism, political salience, sexual oppression, and education about women's position in society. The possible extension of this model to other kinds of political activism is discussed.     

On the Varieties of National Attachment: Blind Versus Constructive Patriotism

Two studies explored a theoretical distinction between "blind" and "constructive" patriotism. Blind patriotism is defined as an attachment to country characterized by unquestioning positive evaluation, staunch allegiance, and intolerance of criticism. Constructive patriotism is defined as an attachment to country characterized by support for questioning and criticism of current group practices that are intended to result in positive change. Items designed to investigate these dimensions of national attachment were administered to two groups of undergraduates in separate surveys. Measures of the two constructs derived from factor analysis of the responses proved to be reliable and valid. Blind patriotism was positively associated with political disengagement, nationalism, perceptions of foreign threat, perceived importance of symbolic behaviors, and selective exposure to pro-U.S. information. In contrast, constructive patriotism was positively associated with multiple indicators of political involvement, including political efficacy, interest, knowledge, and behavior. The implications of this distinction for theory and research on patriotism are discussed.     

BOOK REVIEWS

Irene Bloom, J. Paul Martin, and Wayne L. Proudfoot (eds.), Religious Diversity and Human Rights
Scott D. Sagan, The Limits of Safety: Organizations, Accidents, and Nuclear Weapons
Diane Vaughan, The Challenger Launch Decision: Risky Technology, Culture, and Deviance at NASA
Michael Delli Carpini and Scott Keeter, What Americans Know About Politics and Why It Matters
Richard Nisbett and Dov Cohen, Culture of Hoor: The Psychology of Violence in the South
Ted Benton (ed.), The Greening of Marxism
Neil J. Kressel, Mass Hate: The Global Rise of Genocide & Terror
Kristen Renwick Monroe, The Heart of Altruism: Perceptions of a Common Humanity
Stanley A. Renshon, The Psychological Assessment of Presidential Candidates
Ole R. Holsti, Public Opinion and American Foreign Policy
Bernice Lott and Diane Maluso (eds.), The Social Psychology of Interpersonal Discrimination
Milton Lodge and Kathleen M. McGraw (eds.), Political Judgment: Structure and Process
V. M. Bekhterev, Collective Reflexoloby, Part I
James T. Tedeschi and Richard B. Felson, Violence, Aggression, and Coercive Actions     

Contribution of Ventrolateral Prefrontal Cortex to the Acquisition and Extinction of Conditioned Fear in Rats

The ventrolateral, agranular insular portion of prefrontal cortex (PFC) in rats is involved in visceral functions and has been shown to be involved in emotional processes. However, its contribution to aversive learning has not been well defined. Classical fear conditioning has been a powerful tool for illuminating some of the primary neural structures involved in aversive emotional learning. We measured both the acquisition and the extinction of conditioned fear following lesions of the ventrolateral PFC of rats. Lesions reduced fear reactivity to contextual stimuli associated with conditioning without affecting CS acquisition, and had no effect on response extinction. Ventrolateral PFC may normally be involved in the processing of contextual information while not being directly involved in extinction processes within the aversive domain.