bluuebunny/crossref_metadata_2025 huggingface dataset:
Facts and Values in Modern Economics
Authors: Dasgupta Partha
Published: September 2009

This chapter offers an account of the contemporary economist's model of human agency in a market setting and of the ways in which individual choices are related to collective behavior in the market place. It also sketches the ways in which the model has been adapted to accommodate decision making in non-market environments. It builds on the model to offer an account of the ethical foundations of modern economics. Although welfare economics is thought to be insensitive to the language of rights, this article shows that contemporary economists have incorporated rights in their ethics. It describes the way ideas of human rights and human goods can be and have been subsumed by economists under an overarching notion of human well-being. Furthermore, it draws a distinction between the “constituents” and “determinants” of well-being. Whereas ethicists are temperamentally drawn to the constituents, economists study the determinants.
Introduction
Authors: Moser Paul K.
Published: September 2009

Epistemology, characterized broadly, is an account of knowledge. Within the discipline of philosophy, epistemology is the study of the nature of knowledge and justification. Epistemologists have distinguished some species of knowledge, including: propositional knowledge (that something is so), nonpropositional knowledge of something (for instance, knowledge by acquaintance, or by direct awareness), empirical (a posteriori) propositional knowledge, nonempirical (a priori) propositional knowledge, and knowledge of how to do something. Recent epistemology has included controversies over distinctions between such species, for example, over the relations between some of these species and the viability of some of these species. This article gives a brief account of some of the best work in contemporary epistemology by leading epistemologists. It shows that this diversity in work hides a deeper rational unity.
Conditions and Analyses of Knowing
Authors: Shope Robert K.
Published: September 2009

This article examines the essential conditions of propositional knowledge. It focuses on the conditions that must be satisfied for a person to have knowledge, specifically knowledge that something is so. Traditionally, knowledge has been analyzed in terms of justified true belief. This article first addresses philosophers' disagreements concerning the truth and belief conditions. After introducing the justification condition, it presents counterexamples (specifically Gettier-type counterexamples) challenging the standard analysis of knowledge. These challenges have provoked several attempts to replace or to supplement the justification condition for knowledge. This article presents and assesses several of these, including early causal theories, the nonaccidentality requirement, reliable process and conditional analyses, the reliable-indicator analysis, the conclusive reasons analysis, defeasibility analyses, analyses in terms of cognitive or intellectual virtues, and Plantinga's proper functionalism.
Conceptual Diversity in Epistemology
Authors: Foley Richard
Published: September 2009

The core subject matters of epistemology are the concept of knowledge and a cluster of normative concepts applying to beliefs, a cluster that includes rational, reasonable, justified, and warranted belief. This article reflects on these central topics and aims to distinguish such concepts in a general theory. Epistemologists have searched for that which constitutes knowledge when added to true belief. This article suggests that rationality and justification are not linked to knowledge by necessity. It proceeds to offer a general schema for rationality. This schema enables a distinction between “rationality” and “rationality all things considered.” This article proposes how these concepts can work together in a system that “provides the necessary materials for an approach to epistemology that is clarifying, theoretically respectable, and relevant to one's actual life.”
Skepticism
Authors: Klein Peter D.
Published: September 2009

This article divides philosophical skepticism into two basic forms. The “Academic Skeptic” proposes that one cannot have knowledge of a certain set of propositions. The “Pyrrhonian Skeptic,” on the other hand, refrains from opining about whether one can have knowledge. This article outlines two arguments for Academic Skepticism: a “Cartesian-style” argument based on the claim that knowledge entails the elimination of all doubt; and a “Closure Principle–style” argument based on the claim that if x entails y and S has justification for x, then S has justification for y. It turns to contextualism and outlines the background of Pyrrhonian Skepticism, pointing out that the Pyrrhonist withholds assent concerning one's knowledge-bearing status because reason cannot provide an adequate basis for assent. It assesses three possible patterns of reasoning (foundationalism, coherentism, and infinitism), and concludes that the Pyrrhonist view, that reason cannot resolve matters concerning the nonevident, is vindicated.
Embodiment and Epistemology
Authors: Antony Louise
Published: September 2009

This article considers a kind of “Cartesian epistemology” according to which, so far as knowing goes, knowers could be completely disembodied, that is, pure Cartesian egos. Cartesian epistemology thus attributes little, if any, cognitive significance to a knower's embodiment. This article examines a number of recent challenges to Cartesian epistemology. It focuses on feminist epistemology. But while feminist philosophers have been the most visible and vocal critics of Cartesian epistemology, they are not the only ones. Psychologists like Richard Nisbett and empirically minded analytic philosophers like Stephen Stich have also raised objections, and this article talks about these as well. While all of these critics tend to position themselves as radical opponents of “mainstream” epistemology, this article intends to show that the criticisms they make are consonant with a number of mainstream developments, particularly externalism and naturalized epistemology.
Epistemology and Ethics
Authors: Lemos Noah
Published: September 2009

This article suggests that moral epistemology is mainly concerned with “whether and how one can have knowledge or justified belief” about moral issues. It presents and replies to several problems that arise in this connection. It addresses arguments for ethical skepticism, the view that one cannot have moral knowledge or justified belief. Assuming that one can have moral knowledge, this article considers how the moral epistemologist and moral philosopher should begin their account of this knowledge. It favors a particularist approach whereby the instances of moral knowledge are given and used to formulate criteria for moral knowledge. It relates this approach to concerns about the nature of the epistemic justification of moral beliefs as dealt with by foundationalists and coherentists. Finally, this article concludes by responding to arguments against particularist approaches in moral epistemology.
Epistemology in Philosophy of Religion
Authors: Quinn Philip L.
Published: September 2009

This article focuses on the central problem of religious epistemology for monotheistic religions. It is divided into two main sections. The first section discusses arguments for God's existence. It explores what epistemic conditions such arguments would have to satisfy to be successful and whether any arguments satisfy those conditions. The second section examines the claims of Reformed Epistemology about belief in God. It assesses Alvin Plantinga's claim that belief in God is for many theists properly basic, that is, has positive epistemic status even when it is not based on arguments or any other kind of propositional evidence. This article distinguishes two versions of this claim. According to the first, theistic belief is properly basic with respect to justification or rationality. According to the second version, theistic belief is properly basic with respect to warrant.
The Science of Research and the Search for Molecular Mechanisms of Cognitive Functions
Authors: Silva Alcino J. , Bickle John
Published: September 2009

This article considers research methodologies relevant to the search for molecular mechanisms of cognitive functions. It proposes a new general framework for understanding contemporary science called the science of research (SR). It discusses two scientific puzzles concerning the neurobiology of cognitive functions and some recently noticed inefficiencies in institutionalized science across the board. It suggests that both of these puzzle can be addressed by the SR framework for discovering and testing hypotheses about science. It also discusses the so-called positive and negative alteration and describes Koch's postulates, John Stuart Mill's methods, and reductionism in actual scientific practice.
The Lower Bounds of Cognition: What Do Spinal Cords Reveal?
Authors: Allen Colin , Grau James W. , Meagher Mary W.
Published: September 2009

This article examines the role of the spinal cords in cognition. It reviews animal science research that challenges the view that behavioral responses to sensory stimuli that do not involve brain mediation are fixed, automatic, and non-cognitive in nature. This research has shown the spinal cord to be a flexible and interesting learning system in its own right. This article discusses the consequences of these findings for philosophical understanding of the relationship between learning, cognition, and even consciousness. The article also explains the relevant concepts of instrumental conditioning and antinociception and conditioned antinociception.
Learning, Neuroscience, and the Return of Behaviorism
Authors: Machamer Peter K.
Published: September 2009

This article attempts to answer questions concerning the relation of neuroscience to behaviorism. It explains the meaning of behaviorism and investigates whether all scientific experiments in learning and memory are designed according to repetition, classical conditioning, and stimulus-response-reward (SRR) paradigms. It also examines whether reward leaning and classical conditioning can be generalized in a way that allows explanations of all forms of memory encoding and learning that animals and humans accomplish.
fMRI: A Modern Cerebrascope? The Case of Pain
Authors: Hardcastle Valerie Gray , Stewart C. Matthew
Published: September 2009

This article examines the application of functional magnetic resonance imaging (fMRI) in neuroscience, particularly in the imaging of pain. It provides a brief primer on functional magnetic imaging techniques and describes pain processing and pain inhibiting systems. It discusses experiments where fMRI has illustrated what has gone wrong in the pain network's response to stimuli and suggests that imaging studies of pain have a crucial role to play in diagnosing pain disorders as well as advancing a theoretical framework for explaining them. It also offers suggestions for how to improve fMRI experiments and their theoretical implications.
The Role of Neurobiology in Differentiating the Senses
Authors: Keeley Brian L.
Published: September 2009

This article looks at the role of neurobiology in explaining the distinction among the senses. It presents the Aristotelian account of the senses and presents the view that that psychological facts alone are sufficient to account for the different senses, or at least that organ criterion is far less important than some have argued. It discusses Johannes Müller's nineteenth-century neurophysiological characterization of the senses and its application to the defense of the neurobiological criterion.
Levels, Individual Variation, and Massive Multiple Realization in Neurobiology
Authors: Aizawa Ken , Gillett Carl
Published: September 2009

This article examines massive multiple realization (MMR) in the context of neurobiology. It highlights the differences in the conception of multiple realization and its methodological implications by researchers in the philosophy of psychology and those in the philosophy of neuroscience. It discusses neurobiological findings about MMR and shows that there is plausibly important individual variation at every physiologically significant level of organization in the nervous system. It explores philosophical concerns about the MMR hypothesis and proposes a framework for realization and multiple realization.
Logicism in the Twenty‐first Century
Authors: Hale Bob , Wright Crispin
Published: September 2009

This article focuses on issues which neo-Fregeanism must address, even if the scope of its leading claims is restricted to elementary arithmetic. Many of these concern the capacity of abstraction principles—centrally, but not only, Hume's Principle itself—to discharge the implicitly definitional role in which the neo-Fregean casts them, and thereby to subserve a satisfactory apriorist epistemology for (at least part of) mathematics. Others concern the other main assumption that undergirds the specifically logicist aspect of the neo-Fregean project (and equally, of course, Frege's original project): that the logic to which abstraction principles are to be adjoined may legitimately be taken to include higher-order—at the very least, second-order—logic without compromise of the epistemological purposes of the project.
Formalism
Authors: Detlefsen Michael
Published: September 2009

Viewed properly, formalism is not a single viewpoint concerning the nature of mathematics. Rather, it is a family of related viewpoints sharing a common framework—a framework that has five key elements. Among these is its revision of the traditional classification of the mathematical sciences. From ancient times onward, the dominant view of mathematics was that it was divided into different sciences. Principal among these were a science of magnitude (geometry) and a science of multitude (arithmetic). Traditionally, this division of mathematics was augmented by an ordering of the two parts in terms of their relative basicness and which was to be taken as the more paradigmatically mathematical. Here it was geometry that was given the priority. The formalist outlook typically rejected this traditional ordering of the mathematical sciences. Indeed, from the latter half of the nineteenth century onward, it typically reversed it. This reversal is the first component of the formalist framework.
Intuitionism and Philosophy
Authors: Posy Carl
Published: September 2009

The first part of this article shows some main points of Brouwer's mathematics and the philosophical doctrines that anchor it. It points out that Brouwer's special conception of human consciousness spawns his positive ontological and epistemic doctrines as well as his negative program. The second part focuses on intuitionistic logic: once again a brief picture of the technical field will precede the philosophical analyses—this time those of Heyting and Dummett—of formal intuitionistic logic and its role in intuitionism. The third part, however, aims to show that matters aren't (or needn't be) so bleak. It suggests, in particular, that putting all this in historical perspective will show intuitionism as technically less quixotic and philosophically more unified than it had initially seemed.
Quine and the Web of Belief
Authors: Resnik Michael D.
Published: September 2009

This article focuses on Quine's positive views and their bearing on the philosophy of mathematics. It begins with his views concerning the relationship between scientific theories and experiential evidence (his holism), and relate these to his views on the evidence for the existence of objects (his criterion of ontological commitment, his naturalism, and his indispensability arguments). This sets the stage for discussing his theories concerning the genesis of our beliefs about objects (his postulationalism) and the nature of reference to objects (his ontological relativity). Quine's writings usually concerned theories and their objects generally, but they contain a powerful and systematic philosophy of mathematics, and the article aims to bring this into focus.
Nominalism Reconsidered
Authors: Rosen Gideon , Burgess John P.
Published: September 2009

Nominalism is usually formulated as the thesis that only concrete entities exist or that no abstract entities exist. But where, as here, the interest is primarily in philosophy of mathematics, one can bypass the tangled question of how, exactly, the general abstract/concrete distinction is to be understood by taking nominalism simply as the thesis that there are no distinctively mathematical objects: no numbers, sets, functions, groups, and so on. As to the nature of such objects (if there are any), it can be said that it has come to be fairly widely agreed, under the influence of Frege and others, that they are very different both from paradigmatically physical objects (bricks, stones) and from paradigmatically mental ones (minds, ideas). Modern nominalism emerged in the 1930s as a response to the view of Frege and others that numbers, sets, functions, groups, and so on belong to a “third realm.”
Divine Power, Goodness, and Knowledge
Authors: Rowe William L.
Published: September 2009

In the major religions of the West—Judaism, Christianity, and Islam—the dominant theological tradition has long held that among the attributes constituting the nature of God are to be counted his unlimited power (omnipotence), perfect goodness, and unlimited knowledge (omniscience). Within this theological tradition stands the work of many influential theologians and philosophers such as Maimonides (1135–1204), Aquinas (1225–1274), and al-Ghazali (1059–1111), who have labored to explain how we should understand these fundamental aspects of the divine nature. This article aims both to explain these three attributes of the divine nature and to discuss some of the ideas the difficulties philosophers and theologians have suggested arise when one endeavours to conceive of a being possessing such extraordinary attributes. Before beginning this task, however, it should be noted that the attributes ascribed to God in the historically dominant theological tradition within the major Western religions are not characteristic of the entire history of thought about God in those religious traditions.
Divine Sovereignty and Aseity
Authors: Mann William E.
Published: September 2009

Searching for a way to avoid the rude anthropomorphism of his contemporaries, the Presocratic philosopher Xenophanes said of God that “always he remains in the same state, in no way changing; nor is it fitting for him to go now here now there”; that “without effort, by the will of his mind he shakes everything”; that “he sees as a whole, he thinks as a whole, and he hears as a whole”. Xenophanes' pronouncements are the first recorded sallies into philosophical theology. Although he may have had the first word, he did not have the last: his descendants include Plato, Philo, Augustine, Anselm, Aquinas, Spinoza, and a host of others. Xenophanes emphasizes the differences between God and creatures. For many religious believers, however, it is the similarities that are most important. The God of Judaism, Christianity, and Islam is supposed to care for his creatures, know their innermost hopes and fears, respond to their prayers, strengthen them against adversity, share in their joy, console them in their sorrow and grief, judge their deficiencies, and forgive them their sins.
Cosmological and Design Arguments
Authors: Pruss Alexander R. , Gale Richard M.
Published: September 2009

Unlike the ontological argument, which appeals only to highly sophisticated philosophers who delight in highly abstract deductive reasoning, cosmological and design arguments figure prominently in the argumentative support that everyday working theists give for their faith. The reason for this broad pastoral appeal is that these arguments begin with commonplace facts about the world and then, by appeal to principles that look plausible, establish the existence of a being who, while not shown to have all of God's essential properties, properties that God must have to exist, is at least a close cousin of the God of traditional Western theism. This article begins with a preliminary botanization of these arguments, indicating their similarities and differences, and then discusses each of them separately, giving prominence to the many different forms they take. Each of the two arguments begins with a contingent existential fact.
Pascal's Wagers and James's Will to Believe
Authors: Jordan Jeffrey J.
Published: September 2009

Pascal's wager was a revolutionary apologetic device. It is not an argument for the claim that God exists. That sort of argument appeals to evidence, whether empirical or conceptual. The wager is an argument that belief in God is pragmatically rational, that inculcating a belief in God is the action dictated by prudence. To say that an action is pragmatically rational implies that it is in one's best interests to do that action. Rationality and truth can diverge, of course. But in the absence of conclusive evidence of truth, Pascal contends, rationality should be our guide. Pascal's pragmatic turn, though foreshadowed in earlier writers, was an attempt to argue that theistic belief was the only proper attitude to adopt when faced with the question of the existence of God. Because reason cannot determine the answer, it must yield the field to prudence, which, if the wager succeeds, wins the day for theism.
Miracles
Authors: Mavrodes George I.
Published: September 2009

The idea of the miraculous, and reports of miracles, are prominent elements in some religions. Christianity is one of those religions. This article discusses this idea primarily in the context of Christianity, though much of it applies to its occurrence in the other theistic religions. From the very beginning, accounts of the life of Jesus seem to include miraculous elements. In the four Gospels that are now part of the New Testament, Jesus is reported as having done many strange and amazing things. Most of these involve the healing of various diseases and disabilities, many of them apparently of long standing. There are also other incidents, such as walking on water, calming a storm, and changing water into wine at a wedding feast, that do not involve healings. There is at least one striking case of a resurrection attributed to Jesus, the raising of Lazarus (John, ch. 11). And finally there is the miracle that, for many Christians anyway, overshadows all of these others in importance. That is the resurrection of Jesus himself several days after his death by crucifixion.
Religious Diversity
Authors: Quinn Philip L.
Published: September 2009

Religious diversity is, of course, nothing new. In the West, Greek observers long ago commented on Egyptian religious beliefs and practices, and the Hebrew Bible records information about the rival religions the Israelites encountered. Surely the early Christians, who were persecuted for refusing to acknowledge the divinity of the Roman emperors, were aware of religious diversity. It did not escape notice in medieval Christendom; Aquinas, for example, cited Maimonides frequently and with great respect. But when the Reformation shattered the unity of Christendom, religious diversity became more salient for the culture of modernity because it had become a source of violent conflict at the heart of Europe. And it appears to be a permanent feature of the pluralistic liberal democracies that have come to be typical of Western Europe and North America. At the beginning of the third millennium of the common era, religious diversity seems to be increasing in importance to philosophical thought.
Analytic Philosophy of Religion
Authors: Hasker William
Published: September 2009

One could hardly describe the philosophical writings of the earlier stages as childish, let alone infantile. But the field of study itself was discernibly immature, and since then there has been notable progress both in the topics addressed and in the manner of treating them. This article divides the history into three phases, characterized by differences in the subject matter most actively discussed. In the first phase, lasting until about 1965, the overwhelming preoccupation was with religious language, especially with the cognitive meaningfulness of such language. In the second phase, lasting through the early 1980s, much effort was focused on what may be termed the “philosophy of theism.” In the most recent period there has been a notable diversification, and the field now embraces a greater variety of topics than at any previous time.
Wittgensteinianism
Authors: Phillips D. Z.
Published: September 2009

The twentieth century saw a revolution in philosophy. The philosophical giant in that revolution was Ludwig Wittgenstein. P. M. S. Hacker writes: “Wittgenstein's influence dominated philosophy from the 1920s until the mid 1970s. He was the prime figure behind both the Vienna Circle and the Cambridge school of analysis, and the major influence upon Oxford analytic philosophy in the quarter of a century after the Second World War”. Yet, the influence of Wittgenstein on the philosophy of religion, even during this period, was never dominant. Neither is it dominant today, although Wittgensteinianism is one of the main movements in the subject. One of the reasons stems from the influence of logical positivism, which held that all religious and theological propositions to be meaningless. People wrongly associated Wittgenstein with this view. He, by contrast, respected religious belief as a deep tendency in human beings, but, in his early views, struggled with the issue of how its sense is to be understood.
Overview
Authors: Lewis James R.
Published: September 2009

The Overview to this book starts by introducing the field of study, new religious movements (NRMs). It outlines how NRM studies were conceived and developed. It then provides a detailed survey of the contents of this book, introducing the various topics studied in turn. The book’s core, the Overview states, deals with issues that have consumed the most academic activity in this field—conversion, the role of women, the brainwashing debate, and millennialism.
The Sociocultural Significance of Modern New Religious Movements
Authors: Dawson Lorne L.
Published: September 2009

This article criticizes approaches to new religious movements that view them in terms of reactions to secularization or in terms of certain other understandings of modernity. Instead, it argues that one should draw from more nuanced understandings of the modern world, particularly Anthony Giddens's analysis of modernity and globalization. Giddens is, however, overly simplistic in his portrayal of religion, and the article suggests how globalization theory might be modified to be applicable to the interpretation of contemporary new religions.
Legal Dimensions of New Religions
Authors: Richardson James T.
Published: September 2009

The legal situation of new religions, sometimes pejoratively referred to as “cults and sects,” can be analyzed from several different perspectives. One, favored by law reviews, would be a straightforward case law analysis focusing on case chronology and legal precedent, while basing the analysis on how the cases comport with major provisions of statutes and constitutional documents, or to significant concepts such as religious freedom. However, such an approach may not be as revealing as a more in-depth review from a sociological perspective. This article adopts a more sociological approach, applying some key variables from sociology and the sociology of law to the area of new religious movements (NRMs). It focuses on legal efforts to exert social control over new religions, especially involving court cases but also referencing some major legislative attempts to regulate of NRMs. Before dealing with these matters, it recounts in broad terms efforts made to control NRMs within the U.S., where NRMs first came to the attention of the public and policy makers, but also other in countries where concern about NRMs developed somewhat later.
The North American Anti-Cult Movement
Authors: Shupe Anson , Bromley David G. , Darnell Susan E.
Published: September 2009

This article examines the structure and development of the anti-cult movement (ACM) through three stages: emergent, expansion/consolidation, and domestic accommodation/international expansion. The emergent stage from the late 1960s to the end of the 1970s, witnessed the initial construction of the countermovement structure and economy, most notably its mind control ideology. During the expansion/consolidation stage of the 1980s, national-level organization was achieved and the countermovement structure and economy were fully developed. The domestic accommodation/international expansion stage that began in the early 1990s has been one in which the ACM has lost its most visible and radical organizational unit. The result has been that movement rhetoric and action has moderated, although the ACM contributed to the implementation of radical control measures in Europe.
Something Peculiar about France
Authors: Introvigne Massimo
Published: September 2009

The North American anti-cult movement enjoyed considerable success exporting its peculiar ideology to Europe, particularly following the Solar Temple murder-suicides in the mid-1990s. This article begins by analyzing European attitudes toward new religious movements in terms of two types of official reports issued by various nations. It then discusses France, which alone among European countries seems intent on abolishing all new religions.
Satanism and Ritual Abuse
Authors: Jenkins Philip
Published: September 2009

Although the Satanism scare of the late 1980s and early 1990s did not involve an empirically existing new religion, it shared many themes with the cult controversy. Anti-cultists jumped on the Satanic Ritual Abuse (SRA) bandwagon as a way of promoting their own agenda, and new religious movement scholars spearheaded the academic analysis of the scare. This article presents a systematic survey of this phenomenon. It analyzes the traditional folklore and literary sources for the SRA stereotype of a secretive network of diabolical Satanists.
Esotericism in New Religious Movements
Authors: Hammer Olav
Published: September 2009

The study of Western esotericism has come into its own in recent years. Because this tradition incubated a number of more recent movements—from Neopaganism to the New Age—contemporary studies of esotericism overlap studies of these related phenomena. This article articulates a concept of esotericism based on five characteristics: social formations, rituals, purported objectives, cognitive style, and relations to mainstream society. It then analyzes a number of groups and movements exhibiting these characteristics.
Strategic Judicial Decision-making
Authors: Spiller Pablo T. , Gely Rafael
Published: September 2009

In his incomparable style, Judge Richard Posner describes what is perhaps the issue of most interest to scholars in the strategic tradition to judicial decision-making: under which conditions do judges behave more like “legislators” or more like “judges?” Posner's description of the role of judges suggests that judges' behavior can be modeled in the same fashion in which we model other rational actors—politicians, activists, managers: driven by well-defined preferences, behaving in a purposive and forward-looking fashion. The strategic approach seeks to sort out the various competing interests faced by judges when making decisions. In essence, the strategic approach explores the role of politics in judicial decision making. This article reviews the strategic approach to judicial decision making in the United States and compares it with the attitudinal approach. It also discusses the so-called internal strategic approach, which focuses on the decision-making process within the U.S. Supreme Court.
The Judicialization of Politics
Authors: Hirschl Ran
Published: September 2009

The judicialization of politics—the reliance on courts and judicial means for addressing core moral predicaments, public policy questions, and political controversies—is arguably one of the most significant phenomena of late twentieth- and early twenty-first-century government. Armed with newly acquired judicial review procedures, national high courts worldwide have been frequently asked to resolve a range of issues from the scope of expression and religious liberties and privacy to property, trade and commerce, education, immigration, labor, and environmental protection. This article analyzes the scope, nature, and causes of the judicialization of politics, as well as judicial behavior, recent jurisprudence of courts and tribunals worldwide, and the judicialization of “mega-politics” or “pure” politics—the transfer to courts of contentious issues of an outright political nature and significance. Questions of pure politics include electoral processes and outcomes, restorative justice, regime legitimacy, executive prerogatives, collective identity, and nation building. These developments reflect the demise of the “political question” doctrine, and mark a transition to what is termed “juristocracy.”
Legal and Extralegal Emergencies
Authors: Scheppele Kim Lane
Published: September 2009

What should a duly constituted and legitimate government do when political crises threaten the very viability of the state? The usual answers to this question fall into two camps: the legal and the extralegal. The legalists argue that crises of state must be met by entirely legal responses, and typically constitutionalize emergency powers by ringing them round with various forms of constraint. The extralegalists argue that serious crises of state must be met with responses outside the law. This article examines the major national traditions in the justifications of and legal frameworks for emergency powers. It focuses on ancient models of constrained dictatorship, martial law and prerogative power in common-law systems, state of siege and the French constitutional tradition, and the state of exception and the German constitutional tradition. The article then examines delegation, suspension, deference, and partition and reviews common governmental technologies—how governments actually exercise emergency powers. Finally, it considers the debate over emergency powers after 9/11 as many countries deal with what they see as novel and mortal threats from international terrorism.
War Crimes Tribunals
Authors: Bass Gary J.
Published: September 2009

This article reviews the state of the field in three crucial issues about war crimes tribunals: victors' justice, outlawing war, and the trade-off between peace and justice. In all three, the tension between the partiality of politics and the impartiality of law is stark and enduring. Although international tribunals are often billed as simply the extension of the domestic rule of law, there is no set legitimate authority in place in international relations. Even the permanent International Criminal Court is brand new, and its permanence is hardly guaranteed. The question of who judges is particularly salient because of the weak consensus on underlying values in the international system. The ad hoc tribunals for the former Yugoslavia and Rwanda did not formally include aggression in their charters. The world is in the bizarre position of pursuing an international legal order that enshrines the key tenets of jus in bello, while largely ignoring jus ad bellum.
Informalism as a Form of Legal Ordering
Authors: Harrington Christine B.
Published: September 2009

There are three distinctive approaches to informalism in the field of law and politics: judicial hierarchy approach, ongoing relationship approach, and legal pluralist approach. In general, all three approaches have similar descriptions of informal forms of orderings, be they institutions, such as small claims courts, or procedures, such as mediation. The approaches differ in terms of how each treats the relationship between informal and other forms of ordering. This article analyzes informalism as a form of legal ordering embedded in judicial and administrative institutions. It begins by discussing judicial hierarchy, the nature of the relationship between the parties as a principle determinant of whether informal or formal forms of ordering apply, and legal pluralism. The article then considers the central “technologies” of informalism within judicial and administrative settings, such as mediation and negotiated rulemaking. It also reviews research on informal law in the law and politics field and what these studies of informalism imply about the politics of law and legal institutions more generally.
Rights in Legal and Political Philosophy
Authors: Kramer Matthew H.
Published: September 2009

Analytical questions about legal rights concern matters such as the fundamental characteristics of those rights, the relationships between those rights and other legal positions such as liberties and powers and duties, and the basic functions of those rights. Whereas the analytical questions concerning legal rights are squarely within the domain of legal philosophy, the normative questions belong at least as much to political philosophy as to jurisprudence. This article looks at some analytical matters relating to the fundamental features and functions of legal rights, as well as some normative debates relating to the suitable means by which the basic legal rights in a society are to be settled. It examines the views of the American jurist Wesley Hohfeld about legal rights and the controversy over the basic civil liberties and civil rights that are protected or conferred by so-called bills of rights in quite a few national constitutions.
Filling the Bench
Authors: Yalof David A.
Published: September 2009

During the past quarter century, the subject of judicial recruitment has received considerable attention from scholars of every stripe. Social scientists, historians, law professors, and journalists have all tried to document the politics of recruitment to the American bench. The audience for such research has been growing as well. Sparked first by the controversy surrounding Robert Bork's Supreme Court nomination in 1987, and then four years later by Clarence Thomas's nomination to the Supreme Court, interest in judicial nominations has perhaps never been greater than in the modern era. After reviewing the literature on how judges are recruited in the United States, this article focuses on recruitment to the U.S. Supreme Court, the lower federal courts, and state courts. It also considers the future of scholarship on judicial recruitment.
Legal Profession
Authors: Abel Richard L.
Published: September 2009

Lawyers (especially criminal defense counsel) are often asked: “How can you represent these clients?” Common law lawyers—especially American—respond by invoking “The Adversary System Excuse.” They are hired guns, compelled by the “principle of professionalism” to advocate vigorously while being absolved of moral responsibility by the “principle of non-accountability.” Common law judges endorse this theory because they are more reactive than their civil law counterparts and hence depend on opposing counsel to develop the facts and argue the law. This article examines theories of legal representation, interaction between judges and lawyers, alternatives to law, the effects of the size and composition of the legal profession on courts, ensuring the right to counsel, and unresolved tensions between law and politics. It also discusses judicial influence on the legal profession, lawyer influence on courts, the market for adjudication and legal representation, the consequences of demography, and achieving justice.
Courts and the Politics of Partisan Coalitions
Authors: Gillman Howard
Published: September 2009

One of the most promising ways of integrating the study of law and courts into the mainstream of political analysis is to focus more attention on how legal institutions figure into the broader interests and agendas of other power holders. Toward this end an increasing number of scholars within political science have begun to develop what is becoming known as a “regime politics” approach to the study of courts. Much of the work associated with this research agenda focuses especially on the relationship between courts and party politics. This article examines how courts fit into regime politics and the dynamics of national governing coalitions. It considers some propositions that can be associated with Roald Dahl's original argument about how courts should be expected to cooperate with the prevailing governing coalition as well as his account of U.S. Supreme Court politics. The article also discusses the role of courts in the enhancement of “credible commitments” to favored constituencies, as coalition stabilizers, in the imposition of national norms on “regional outliers,” in political entrenchment, and as independent policy makers.
The Path of the Law in Political Science: De-centering Legality from Olden Times to the Day before Yesterday
Authors: Scheingold Stuart A.
Published: September 2009

Courts in general, the U.S. Supreme Court in particular, and constitutional law are, have been, and will continue to be the intellectual center of gravity for the law and courts subfield of political science—albeit with the welcome addition in recent years of a strong element of comparative inquiry. Indeed, there was a time at the beginning of the twentieth century when they were the intellectual center of gravity of the discipline of political science. Beginning in the late 1950s, however, the law and courts subfield—formerly known as public law—began to spread its wings. This is the process known as de-centering. The de-centering impact of the new institutionalism and its precursors is perhaps best captured by the idea of putting the law into its political context. This article examines the roots, the elements, and the rewards of de-centering and argues that de-centering does not displace the center but augments it. It also discusses legality, politics, and democracy as well as legal accountability, electoral accountability, and the politicization of legal accountability.
Reflections about Judicial Politics
Authors: Spaeth Harold J.
Published: September 2009

In the middle of the last century, though other fields within American politics were beginning to show the first glimmerings of a behavioral—previously quantitative—focus, judicial politics remained untouched (or “uncontaminated”) by those then modern currents. Of course, C. Herman Pritchett had published a series of brief articles in the American Political Science Review and in the Journal of Politics, then the only two general journals of political science. However, these contained only frequencies and percentages and lacked explanation. The absence of social science theory and methodology in Pritchett's early work is only partially explained by the very limited body of relevant scholarship, but also by his adherence to the belief that the justices were not merely political actors, but were mightily constrained by the law and institutional features of courts. This article deals with judicial politics and considers modeling in twenty-first-century judicial scholarship, along with personal policy preferences in the exercise of decisional choice. It also discusses the views of three leading legal philosophers: Ronald Dworkin, Bruce Ackerman, and Howard Gillman.
Accidents and Safety in the Workplace
Authors: Clarke Sharon
Published: September 2009

Ensuring high levels of occupational health and safety remains a significant issue. Detailed accident analyses have highlighted the role played by front-line employees as well as the importance of organizational and managerial factors. The realization that organizational accidents occur within a cultural and social context has led to the rise in popularity of the concept of safety climate. Safety climate allows the individual to interpret organizational events and processes in relation to personal and organizational safety values and to determine the appropriateness of safety-related behavior. Although safety climate has been included as an element of the healthy work organization, the contribution that a positive safety climate can make to organizational health and well-being is little understood. Developing a fuller understanding of organizational safety climate has important theoretical and research implications, and also remains a significant issue for industry and wider society in terms of practical application.
Organizational Screening: The ASSET Model
Authors: Johnson Sheena
Published: September 2009

This article focuses on introducing and detailing the ASSET (A Shortened Stress Evaluation Tool) model, including the elements of stress measured by the ASSET questionnaire and the hypothesized links between these elements. It gives a brief background to stress research and measurement and details the utility of ASSET as a stress measurement tool. It details the design of ASSET, provides information on each section of the ASSET questionnaire and discusses the elements of the stress model measured by these different sections. It discusses research looking at the factor structure of ASSET and presents validity and reliability data, and describes the normative data available on ASSET which enables comparisons between organizations. The final section of this article introduces and discusses some of the empirical research conducted using ASSET.
Leadership, Psychological Well‐Being, and Organizational Outcomes
Authors: Robertson Ivan T. , Flint‐Taylor Jill
Published: September 2009

This article examines the research on the role of employee psychological well-being in organizational success, including a review of relevant leadership research and the impact that leaders have on the well-being of their workgroups. The concept and measurement of psychological well-being is explored and distinguished from related concepts such as job satisfaction, organizational commitment, and engagement. Traditionally, research on psychological well-being in organizations has focused on the negative consequences of pressure in creating stress and damaging psychological well-being. This article reviews research evidence linking psychological with organization-level outcomes. It also examines the potentially important role of leader personality. One of the clear implications of the research is the key role that management and leadership have in determining employee psychological well-being.
Emotional Labor, Well‐Being, and Performance
Authors: Holman David , Martinez‐Iñigo David , Totterdell Peter
Published: September 2009

There is a relatively wide consensus on the key components of emotional labor and their relationships. These components include affective events, display rules, emotion-rule dissonance, emotion regulation strategies, and genuine and fake emotional displays. Furthermore, researchers are increasingly recognizing the need to develop more differentiated concepts and measures in order to attain a more nuanced understanding of emotional labor and its effects on well-being. This article addresses the more recent and emergent issue of emotional labor, a work demand that has become a growing feature of service sector jobs. The aim of this article is to offer an integrative review of the literature on emotional labor in order to understand its effects on performance and employee well-being. It presents a model of the emotional labor process, and uses this as a basis from which to explore the effects of emotional labor.