David M. Beatty
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199269808
- eISBN:
- 9780191710063
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269808.001.0001
- Subject:
- Law, Philosophy of Law
This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, ...
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This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same-sex marriages, women in the military, and rights to basic shelter and life-saving medical treatment are evaluated and compared. The book develops a radical alternative to the conventional view that judges decide these cases by engaging in an essentially interpretative, and thus subjective, act, relying ultimately on their personal beliefs and political opinions. The book shows that it is possible to exercise impartiality and objectivity in judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, the book concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.Less
This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same-sex marriages, women in the military, and rights to basic shelter and life-saving medical treatment are evaluated and compared. The book develops a radical alternative to the conventional view that judges decide these cases by engaging in an essentially interpretative, and thus subjective, act, relying ultimately on their personal beliefs and political opinions. The book shows that it is possible to exercise impartiality and objectivity in judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, the book concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
Gunther Martin
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199560226
- eISBN:
- 9780191721427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560226.003.0007
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter summarizes the results from the analysis of the public speeches. Speeches delivered by the same speaker prove similar in the selection of religious arguments; the same need not be true ...
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This chapter summarizes the results from the analysis of the public speeches. Speeches delivered by the same speaker prove similar in the selection of religious arguments; the same need not be true for speeches written by the same person. This suggests that there was a need for a consistent exploitation of a speaker's argumentation qua performer, i.e., a consistent ethos of the public speakers; the personal beliefs of speechwriters seem not to have any influence. Demosthenes dispenses with argumentation that works only on the religious level. Religion is rather exploited in its public role, as a force for social cohesion.Less
This chapter summarizes the results from the analysis of the public speeches. Speeches delivered by the same speaker prove similar in the selection of religious arguments; the same need not be true for speeches written by the same person. This suggests that there was a need for a consistent exploitation of a speaker's argumentation qua performer, i.e., a consistent ethos of the public speakers; the personal beliefs of speechwriters seem not to have any influence. Demosthenes dispenses with argumentation that works only on the religious level. Religion is rather exploited in its public role, as a force for social cohesion.
Keith E. Stanovich, Richard F. West, and Maggie E. Toplak
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262034845
- eISBN:
- 9780262336819
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262034845.003.0010
- Subject:
- Psychology, Cognitive Psychology
Knowledge becomes implicated in rationality in two different ways. When the knowledge bases discussed in Chapter 9 are missing, the problem is called a mindware gap. A different type of mindware ...
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Knowledge becomes implicated in rationality in two different ways. When the knowledge bases discussed in Chapter 9 are missing, the problem is called a mindware gap. A different type of mindware problem arises because some acquired mindware can be the direct cause of irrational actions that thwart our goals. This type of problem has been termed the problem of contaminated mindware. Four subtests of the CART assess contaminated mindware: the Superstitious Thinking subtest; Antiscience Attitudes subtest; Conspiracy Beliefs subtest; and Dysfunctional Personal Beliefs subtest. The history of each subtest is described, as well as a large study of each subtest in which correlations with cognitive ability and thinking dispositions are examined. Correlations among these subtests themselves are reported.Less
Knowledge becomes implicated in rationality in two different ways. When the knowledge bases discussed in Chapter 9 are missing, the problem is called a mindware gap. A different type of mindware problem arises because some acquired mindware can be the direct cause of irrational actions that thwart our goals. This type of problem has been termed the problem of contaminated mindware. Four subtests of the CART assess contaminated mindware: the Superstitious Thinking subtest; Antiscience Attitudes subtest; Conspiracy Beliefs subtest; and Dysfunctional Personal Beliefs subtest. The history of each subtest is described, as well as a large study of each subtest in which correlations with cognitive ability and thinking dispositions are examined. Correlations among these subtests themselves are reported.
Peter Shirlow, Jonathan Tonge, James McAuley, and Catherine McGlynn
- Published in print:
- 2010
- Published Online:
- July 2012
- ISBN:
- 9780719080111
- eISBN:
- 9781781703038
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719080111.003.0004
- Subject:
- Political Science, Political Theory
This chapter analyses the motivations underpinning participation in the conflict in Northern Ireland. It shows that experiential and situational factors were more important than historical belief and ...
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This chapter analyses the motivations underpinning participation in the conflict in Northern Ireland. It shows that experiential and situational factors were more important than historical belief and family tradition, and that motivations for joining were often reactive and ideological development followed, rather than preceded, violent actions and imprisonment. In engaging with the narratives presented by former prisoners, the chapter seeks to capture the complexity of combatant lives and experiences. Whilst drawing upon the interpretations of events and life histories, it aids the contextualisation of some broader arguments presented elsewhere in the book. The narratives presented are structured around past events that shaped the views of combatants; whether ‘combatants’ engaged in ‘military’ activity primarily because of strongly held personal beliefs, deeply held ideological perspectives, or some combination of both. As in other societies, Northern Ireland is characterised by dominant sets of competing and contested attitudes bounded and reinforced by patterns of political socialisation.Less
This chapter analyses the motivations underpinning participation in the conflict in Northern Ireland. It shows that experiential and situational factors were more important than historical belief and family tradition, and that motivations for joining were often reactive and ideological development followed, rather than preceded, violent actions and imprisonment. In engaging with the narratives presented by former prisoners, the chapter seeks to capture the complexity of combatant lives and experiences. Whilst drawing upon the interpretations of events and life histories, it aids the contextualisation of some broader arguments presented elsewhere in the book. The narratives presented are structured around past events that shaped the views of combatants; whether ‘combatants’ engaged in ‘military’ activity primarily because of strongly held personal beliefs, deeply held ideological perspectives, or some combination of both. As in other societies, Northern Ireland is characterised by dominant sets of competing and contested attitudes bounded and reinforced by patterns of political socialisation.
Judith N. Shklar
Samantha Ashenden and Andreas Hess (eds)
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9780300214994
- eISBN:
- 9780300245417
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300214994.003.0018
- Subject:
- Philosophy, Political Philosophy
Shklar draws a distinction between civil disobedience and conscientious objection. The difference is mainly to be found in the fact that the former consists in attempts to change the democratic ...
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Shklar draws a distinction between civil disobedience and conscientious objection. The difference is mainly to be found in the fact that the former consists in attempts to change the democratic polity while the latter does—not the latter claims only the right to follow through on a personal conscientious decision.Less
Shklar draws a distinction between civil disobedience and conscientious objection. The difference is mainly to be found in the fact that the former consists in attempts to change the democratic polity while the latter does—not the latter claims only the right to follow through on a personal conscientious decision.
Michael B. A. Oldstone
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780190056780
- eISBN:
- 9780197523292
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190056780.003.0019
- Subject:
- Public Health and Epidemiology, Epidemiology
This chapter highlights the story of autism, the widespread acceptance of its incorrect cause, and the impact on use of vaccines, all stemming directly from deliberate, false reporting. The basic ...
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This chapter highlights the story of autism, the widespread acceptance of its incorrect cause, and the impact on use of vaccines, all stemming directly from deliberate, false reporting. The basic conflict is twofold. First, involvement of a scientific method that must be reproducible, be reliable, and possess substantial proof is in conflict with common/personal beliefs. Second, doctors, scientists, and public health workers, despite their mandate to listen to parents and patients concerning their opinions, must base medical conclusions on evidence that validates the outcome of each patient’s health issue. It is in this milieu that autism and the anti-vaccine groups still do battle. In 1998, Lancet, a usually respectable and reputable English journal, published Dr. Andrew Wakefield’s opinion that the measles, mumps, rubella (German measles) vaccine injected into the arms of children caused inflammation, leading to harmful chemicals entering the bloodstream through the gut (intestine). These factors, he said, traveled to the brain, where the harmful chemicals/toxins caused autism. In the face of this “fake news” about the source of autism and measles, the vaccination rate for measles dropped in the United Kingdom and Ireland.Less
This chapter highlights the story of autism, the widespread acceptance of its incorrect cause, and the impact on use of vaccines, all stemming directly from deliberate, false reporting. The basic conflict is twofold. First, involvement of a scientific method that must be reproducible, be reliable, and possess substantial proof is in conflict with common/personal beliefs. Second, doctors, scientists, and public health workers, despite their mandate to listen to parents and patients concerning their opinions, must base medical conclusions on evidence that validates the outcome of each patient’s health issue. It is in this milieu that autism and the anti-vaccine groups still do battle. In 1998, Lancet, a usually respectable and reputable English journal, published Dr. Andrew Wakefield’s opinion that the measles, mumps, rubella (German measles) vaccine injected into the arms of children caused inflammation, leading to harmful chemicals entering the bloodstream through the gut (intestine). These factors, he said, traveled to the brain, where the harmful chemicals/toxins caused autism. In the face of this “fake news” about the source of autism and measles, the vaccination rate for measles dropped in the United Kingdom and Ireland.
Rebecca Spizzirri
- Published in print:
- 2017
- Published Online:
- December 2016
- ISBN:
- 9780190258542
- eISBN:
- 9780190258559
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190258542.003.0004
- Subject:
- Psychology, Forensic Psychology
Ethical practice as a psychologist and forensic practitioner requires close attention to maintaining professional boundaries. Boundary-related issues represent a key consideration for psychologists ...
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Ethical practice as a psychologist and forensic practitioner requires close attention to maintaining professional boundaries. Boundary-related issues represent a key consideration for psychologists across a wide range of professional roles. In this chapter, this significant ethical domain is explored and the nuanced yet clear implications for forensic psychology practice are highlighted. This chapter covers issues such as recognizing and managing conflicts of interest which can arise, avoiding accepting professional engagements which result in multiple relationships, and how to manage personal views and experiences which conflict with professional obligations. Considerations related to providing emergency services to examinees and the consequences of providing such services are also discussed.Less
Ethical practice as a psychologist and forensic practitioner requires close attention to maintaining professional boundaries. Boundary-related issues represent a key consideration for psychologists across a wide range of professional roles. In this chapter, this significant ethical domain is explored and the nuanced yet clear implications for forensic psychology practice are highlighted. This chapter covers issues such as recognizing and managing conflicts of interest which can arise, avoiding accepting professional engagements which result in multiple relationships, and how to manage personal views and experiences which conflict with professional obligations. Considerations related to providing emergency services to examinees and the consequences of providing such services are also discussed.
- Published in print:
- 2010
- Published Online:
- June 2013
- ISBN:
- 9780804770866
- eISBN:
- 9780804773812
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804770866.003.0003
- Subject:
- History, Latin American History
This chapter examines the liturgical and religious music brought by Franciscan and Jesuit missionaries to New Spain and ultimately to the frontier missions during the period from 1500 to 1800. It ...
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This chapter examines the liturgical and religious music brought by Franciscan and Jesuit missionaries to New Spain and ultimately to the frontier missions during the period from 1500 to 1800. It explains that the sacred music of the liturgy helped to foster group identity among believers and missionaries and that musical devotion represented an outward sign of inner piety and a restatement of personal belief. This chapter mentions that each religious order developed their own specific rules and practices regarding the place of music in their communities.Less
This chapter examines the liturgical and religious music brought by Franciscan and Jesuit missionaries to New Spain and ultimately to the frontier missions during the period from 1500 to 1800. It explains that the sacred music of the liturgy helped to foster group identity among believers and missionaries and that musical devotion represented an outward sign of inner piety and a restatement of personal belief. This chapter mentions that each religious order developed their own specific rules and practices regarding the place of music in their communities.