Forgetting Freud: The Courts\u27 Fear of the Subconscious in Date Rape (and Other) Criminal Cases

Courts too often show a reluctance to learn the lessons taught by social science in criminal cases, especially where subconcious processes are involved. The subconscious is seen as rarely relevant and, in the unusual cases where it is relevant, it is viewed as a disease commandeering the conscious mind and thus helping to exculpate the accused. Drawing on the example of forensic linguistics in date rape cases as illustrative of a broader phenomenon, this article argues that the courts\u27 misuse of social science stems from fear and misunderstanding of the workings of the subconscious mind. Accordingly, the piece contrasts the folk subconscious vision embraced by the courts -- one in which the conscious is our true self -- with the scientific subconscious -- one in which the conscious and subconscious minds reciprocally interact in a single person. The piece further examines the implications of each view for the substantive criminal law and the law of evidence. The article also explores the consequences of the theory of memes -- ideas as viruses -- for free will and criminal culpability. The article finally examines the political implications of each view concerning the nature of the citizen in a modern republic and concludes with suggestions for change

Taming the Big Green Elephant

In this open access publication it is shown, that sustainable low carbon development is a transformative process that constitutes the shifting from the initially chosen or taken pathway to another pathway as goals have been re-visited and revised to enable the system to adapt to changes. However, shifting entails transition costs that are accrued through the effects of lock-ins that have framed decisions and collective actions. The uncertainty about these costs can be overwhelming or even disruptive. This book aims to provide a comprehensive and integrated analytical framework that promotes the understanding of transformation towards sustainability. The analysis of this book is built upon negotiative perspectives to help define, design, and facilitate collective actions in order to execute the principles of sustainability

Taming the Big Green Elephant

In this open access publication it is shown, that sustainable low carbon development is a transformative process that constitutes the shifting from the initially chosen or taken pathway to another pathway as goals have been re-visited and revised to enable the system to adapt to changes. However, shifting entails transition costs that are accrued through the effects of lock-ins that have framed decisions and collective actions. The uncertainty about these costs can be overwhelming or even disruptive. This book aims to provide a comprehensive and integrated analytical framework that promotes the understanding of transformation towards sustainability. The analysis of this book is built upon negotiative perspectives to help define, design, and facilitate collective actions in order to execute the principles of sustainability

Group Consensus, Individual Consent

Despite a rise in the number of personal-injury and product-liability cases consolidated through multi-district litigation, a decline in class-certification motions, and several newsworthy nonclass settlements such as the $4.85 billion Vioxx settlement and estimated$700 million Zyprexa settlements, little ink has been spilled on nonclass aggregation’s unique issues. Sections 3.17 and 3.18 of the American Law Institute’s Principles of the Law of Aggregate Litigation are a noteworthy exception. This Article uses those principles as a lens for exploring thematic questions about the value of pluralism, group cohesion, governance, procedural justice, and legitimacy in nonclass aggregation. Sections 3.17 and 3.18 make some scholars nervous because they substitute individual consent to a settlement for individual consent to a process. But the process itself plays a vital function; when process is coercive or consent is tainted those flaws undermine systemic legitimacy and can affect subsequent compliance with the outcome. To be sure, process should enable the enforcement of substantive laws. Yet, we can\u27t achieve justice solely through maximizing welfare or ensuring that plaintiffs have free choice. Rather, process can enable plaintiffs to reason together about the right thing to do and give rise to moral obligations that help balance the uneasy union between the collective and the individual

Public Participation in Environmental Planning in the Great Lakes Region

The need for greater public involvement in environmental decision-making has been highlighted in recent high-profile research reports and emphasized by leaders at all levels of government. In some cases, agencies have opened the door to greater participation in their programs. However, there is relatively little information on what can be gained from greater public involvement and what makes some programs work while others fail. This paper addresses these questions through an evaluation of public participation in environmental planning efforts in the Great Lakes region. The success of participation is measured using five criteria: educating participants, improving the substantive quality of decisions, incorporating public values into decision-making, reducing conflict, and building trust. The paper then discusses the relationship between success and a number of contextual and procedural attributes of a variety of cases. Data come from a "case survey," in which the authors systematically extract information from previously published studies of 30 individual participation cases. The authors conclude that public participation can accomplish important societal goals and that success depends, in large part, on the actions and commitment of government agencies.

Teachers’ Reflective Practice in Lesson Study: A Tool for Improving Instructional Practice

In teacher education, a collection of research has established the importance of reflection in professional development. Lesson study, a popular professional development in Japan, incorporates reflection in one of its stages to enhance teachers’ capacity to look into their enacted practices to improve their research lessons. However, there appear to be few studies determining the types of reflective practice among teachers. In this study, the various stages of lesson study process were documented and transcribed to analyze the teachers’ reflective practices. Qualitative analyses yielded three types of reflective practice exemplified by the teachers, namely: descriptive, analytical, and critical. The study highlighted the collaborative, sustainable, and provisional environment which enabled the teachers to become practitioners who are able to use their reflections to gain understanding of their instructional practices. Findings also indicated that the context of professional development for teachers must be tailored to their direct experiences for them to significantly use the outcomes.La recherche en formation des enseignants a établi l’importance de la réflexion dans le développement professionnel. L’étude de cours, qui constitue un élément important du développement professionnel au Japon, intègre la réflexion et vise à augmenter la capacité chez les enseignants de se pencher sur leurs pratiques pour améliorer leurs leçons. Toutefois, il semble avoir peu d’études portant sur le type de pratique réflexive qu’entreprennent les enseignants. La documentation et la transcription des différentes étapes du processus de l’étude de cours ont permis d’analyser les pratiques réflexives chez les enseignants. Les analyses qualitatives en ont révélé trois types : descriptives, analytiques et critiques. Cette étude met en évidence le milieu collaboratif, provisoire mais durable, qui a permis aux enseignants de puiser dans leurs réflexions pour mieux comprendre leurs pratiques pédagogiques. Les résultats ont également indiqué que pour que les enseignants profitent de façon significative de leur développement professionnel, le contexte doit être adapté à leurs expériences directes.

Order Without Judges: Customary Adjudication

Scholarship on custom and law has largely focused on the creation and enforcement of informal rules, demonstrating and in some cases endorsing the existence of order without law. But creating and enforcing rules are only two of the three functions of governance, corresponding roughly with what in other contexts are called the legislative and executive branches. The third function—adjudication—has not played such a prominent role in the scholarly literature on informal governance. As one leading scholar puts it: Custom has no constitution or judges. But if customs can be created and enforced by nonstate actors, why should scholars assume that formal (that is, noncustomary) courts are the only institutions that do or should adjudicate those customs? This Essay seeks to describe and emphasize the role of customary adjudication, the third branch of customary governance. In doing so, it has three main goals: first, to argue that customary governance can be understood in terms of the same three functions familiar to students of formal governance; second, to deliver a preliminary and tentative account of the third of these branches; and finally, to suggest that existing scholarship on custom and law has given comparatively little attention to the functions and forms of customary adjudication. If successful, those contributions should set the stage for future descriptive and normative work

Embracing the wickedness of health care : essays on reforms, wicked problems and public deliberation

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Explainable Artificial Intelligence in Data Science: From Foundational Issues Towards Socio-technical Considerations

A widespread need to explain the behavior and outcomes of AI-based systems has emerged, due to their ubiquitous presence. Thus, providing renewed momentum to the relatively new research area of eXplainable AI (XAI). Nowadays, the importance of XAI lies in the fact that the increasing control transference to this kind of system for decision making -or, at least, its use for assisting executive stakeholders- already afects many sensitive realms (as in Politics, Social Sciences, or Law). The decision making power handover to opaque AI systems makes mandatory explaining those, primarily in application scenarios where the stakeholders are unaware of both the high technology applied and the basic principles governing the technological solu tions. The issue should not be reduced to a merely technical problem; the explainer would be compelled to transmit richer knowledge about the system (including its role within the informational ecosystem where he/she works). To achieve such an aim, the explainer could exploit, if necessary, practices from other scientifc and humanistic areas. The frst aim of the paper is to emphasize and justify the need for a multidisciplinary approach that is benefciated from part of the scientifc and philosophical corpus on Explaining, underscoring the particular nuances of the issue within the feld of Data Science. The second objective is to develop some arguments justifying the authors’ bet by a more relevant role of ideas inspired by, on the one hand, formal techniques from Knowledge Representation and Reasoning, and on the other hand, the modeling of human reasoning when facing the explanation. This way, explaining modeling practices would seek a sound balance between the pure technical justifcation and the explainer-explainee agreement.Agencia Estatal de Investigación PID2019-109152GB-I00/AEI/10.13039/50110001103