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Owners generally get to decide what happens to their property, and this is reflected in legal discussions of property rights and in how children and adults view ownership. Owners’ control over property fits with the idea that ownership serves to reduce conflicts over resources. This chapter first briefly reviews experimental research that fits with this side of ownership. However, the chapter then reviews ways that ownership can take control away from owners. One line of research work shows that children and adults think that nonowners are sometimes allowed to access and even modify property without the owner’s permission. A second line of research shows that whereas people normally have some choice in acquiring ownership or giving it up, people sometimes are viewed as acquiring and retaining ownership even when they do not want to.
Rules are ubiquitous. They figure prominently in all kinds of practical reasoning. Rules are especially important in jurisprudence, occupying a central role in answers to the question of “what is law?” In this chapter, we start by reviewing the evidence showing that both textual and extratextual elements exert influence over rule violation judgments (Section II). Most studies about rules contrast text with an extratextual element identified as the “purpose” or “spirit” of the rule. But what counts as the purpose or the spirit of a rule? Is it the goal intended by the rule maker? Or is purpose necessarily moral? Section III reviews the results of experiments designed to answer these questions. These studies show that the extratextual element that’s relevant for the folk concept of rule is moral in nature. Section IV turns to the different explanations that have been entertained in the literature for the pattern of results described in Sections II and III. Finally, in Section V we discuss some other extratextual elements that have been investigated in the literature. We conclude with a brief discussion of future directions.
People who live under a rule of law typically want their laws to work. At their strongest, laws cause people to refrain from doing what they otherwise would have done and act in favor of the law. This is “legal constraint.” If a law doesn’t do what is intended, there is a good chance that it is because of a failure of constraint. When people knowingly commit crimes, they have failed to be legally constrained. When judges reach results they favor because they did not pay due regard to the law that applies to their cases, they have failed to be constrained too. This is why political commentators frequently complain that a law “lacks teeth” or that judges are “activists.” But legal constraint is not just the stuff of political sniping. Legal philosophers, too, have a keen interest in it. In this chapter, I will first discuss how the insights of twentieth-century jurisprudence set the parameters for the empirical study of legal constraint. Thereafter, I will show how experimental methods are particularly well suited to this study. Finally, I will review the literature in experimental jurisprudence that bears upon legal constraint.
It is very satisfying to teach in a classroom where students are actively participating in discussions, group projects and other activities. Learning spaces are complex – both teachers and students experience numerous pressures, wants and needs that accompany them into a classroom. For instance, both teachers and their students want to be heard, to learn, to be safe and to have positive relationships with their peers, just to name a few. However, the value and sources for satisfaction that you and they place on these needs and wants at any given time may be different from one another. You may want to get on with a brilliant geography lesson, while a sleep-deprived student may just want a bit of rest and believe the right place for it is the very same geography lesson. These possibilities remind us that your lesson is taking place in a social environment with multiple stakeholders actively reacting to each other. This is why it is very important to develop strategies that will help you manage both your and your students’ expectations in the classroom. This chapter focuses on how the use of rules and expectations lays the foundations for positive and engaging learning environments.
In this chapter, we review theory and research regarding sources and predictors of parental knowledge. Specifically, we focus on adolescents’ information management, parenting and parent–adolescent relationships, parents’ and adolescents’ characteristics, and family context as sources and predictors of parental knowledge of adolescents’ activities, whereabouts, and associations. The findings show that disclosure and secrecy are fundamental sources of parental knowledge and that when parent–adolescent relationships are positive (e.g. warm, trusting, and autonomy supportive), parents are more likely to acquire accurate knowledge about their adolescents’ daily lives. The impact of parental solicitation and rule-setting on parental knowledge often depends on many other factors such as parenting or cultural context. Parental knowledge also differs as a function of parent gender, adolescent age and gender, adolescent well-being, family structure, ethnic background, and cultural values. We provide future directions for research and emphasize the need for theory-driven research.
Chapter 8 examines regulatory rules, beginning with an examination of written rules. It underlines the inescapability of interpretive uncertainty and considers ways in which that uncertainty can be addressed, including varying the precision of rules, how they are specified, the publication of interpretive ‘guidance’ (sometimes called ‘soft law’) and the delegation of detailed standard-setting to ‘technical experts’.
This chapter makes three main arguments. First, ideas and practices of diplomacy have a multi-millennial history – much longer than is generally thought. Second, this long history has been characterised by both continuity and change. As a result, diplomacy has been as much adaptive as resistant to change. And third, that diplomacy is not diminishing in importance. To assess these claims, the chapter first addresses the issue of defining diplomacy, before examining the evolution of diplomacy in terms that may be characterised broadly as pre-modern, modern and postmodern. Finally, the chapter evaluates the relationship between diplomacy and the study of international relations.
Metamodeling is a general approach to expressing knowledge about classes and properties in an ontology. It is a desirable modeling feature in multiple applications that simplifies the extension and reuse of ontologies. Nevertheless, allowing metamodeling without restrictions is problematic for several reasons, mainly due to undecidability issues. Practical languages, therefore, forbid classes to occur as instances of other classes or treat such occurrences as semantically different objects. Specifically, meta-querying in SPARQL under the Direct Semantic Entailment Regime uses the latter approach, thereby effectively not supporting meta-queries. However, several extensions enabling different metamodeling features have been proposed over the last decade. This paper deals with the Metamodeling Semantics (MS) over OWL 2 QL and the Metamodeling Semantic Entailment Regime (MSER), as proposed in Lenzerini et al. (2015, Description Logics) and Lenzerini et al. (2020, Information Systems 88, 101294), Cima et al. (2017, Proceedings of the 7th International Conference on Web Intelligence, Mining and Semantics, 1–6). A reduction from OWL 2 QL to Datalog for meta-querying was proposed in Cima et al. (2017, Proceedings of the 7th International Conference on Web Intelligence, Mining and Semantics, 1–6). In this paper, we experiment with various logic programming tools that support Datalog querying to determine their suitability as back-ends to MSER query answering. These tools stem from different logic programming paradigms (Prolog, pure Datalog, Answer Set Programming, Hybrid Knowledge Bases). Our work shows that the Datalog approach to MSER querying is practical also for sizeable ontologies with limited resources (time and memory). This paper significantly extends Qureshi and Faber (2021, International Joint Conference on Rules and Reasoning, Springer, 218–233.) by a more detailed experimental analysis and more background.
I read Kripke’s sketches of our ordinary view of meaning in his book Wittgenstein on Rules and Private Language as attempts to highlight the features of meaning that enable us to draw the distinction between what seems right and what is right. I argue that Kripke thinks the best way to clarify these features of meaning is to describe metasemantic conditions that a speaker’s words must satisfy if the speaker is to be warranted in asserting a sentence in which the words occur. Although the view of meaning I attribute to Kripke is initially compelling, I argue that it rests on a subtle yet fundamental misunderstanding of the distinction between what seems right and what is right.
Chapter Twelve addresses the circulation and reception of Shakespeare’s plays in the late eighteenth- and early-nineteenth century, showing how the non-classical elements of his drama vitally contributed to Romantic-period literature and culture. Beginning with a comparison of commemorations of the Bard’s bicentenary in various European capitals, the chapter then looks at his early reception in Germany and France. While Voltaire, Goethe, and Herder celebrated him as a natural genius, French critics realigned Shakespeare’s plays according to neoclassical rules. French audiences increasingly sought out melodrama, however, and accepted these ‘irregularities’, which also inspired Beaumarchais’s Figaro plays. The chapter demonstrates the productive convergences between Shakespearean drama and melodrama, pantomime, harlequinades and other popular theatrical forms, in particular as political satire. It then looks at how Tieck and A.W. Schlegel promoted Shakespeare as the supreme playwright and as part of the German opposition to Napoleon, leading to the banning of his plays in Vienna and elsewhere, and to many literary appropriations in Kleist, Goethe, and Schiller. The chapter concludes with a survey of some of Shakespeare’s influences on drama in Italy, Spain, and, again, France.
Chapter 1 begins with the distinction between reasoning from associations and reasoning from rules – a distinction that will resurface in subsequent chapters on creativity and innovation. The associative system is reproductive, automatic, and emphasizes similarity. The rule-based system is productive, deliberative, and emphasizes verification. Daniel Kahneman’s (2011) best-selling book Thinking Fast and Slow introduced readers to how associative and rule-based reasoning influence the speed of responses. The third section on biases in reasoning describes Kahneman’s classic research with Amos Tversky on how the use of heuristics such as availability and representativeness influence frequency estimates. The final section discusses monitoring reasoning in which people use knowledge to improve their thinking skills. Monitoring reasoning is a metacognitive skill that controls the selection, evaluation, revision, and abandonment of cognitive tasks, goals, and strategies.
Institutions are the system of legal rules and social norms that enhance individual economic property rights. Individuals take them as exogenous, but they are endogenous to the entire system. Institutions are complicated distributions of economic property rights and are therefore the result of attempts to maximize wealth net of the transaction costs involved. This chapter defines institutions, relates them to property rights, reviews the literature, and provides numerous examples of institutions and their evolution.
People are often reluctant to make decisions by calculating the costs and benefits of alternative courses of action in particular cases. Knowing, in addition, that they may err, people and institutions often resort to second order strategies for reducing the burdens of, and risk of error in, first-order decisions. They make a second-order decision when they choose one from among such possible strategies. They adopt rules or presumptions; they create standards; they delegate authority to others; they take small steps; they pick rather than choose. Some of these strategies impose high costs before decision but low costs at the time of ultimate decision; others impose low costs both before and at the time of ultimate decision; still others impose low costs before decision while exporting to others the high costs at the time of decision. Political, legal, and ethical issues are also raised by second-order decisions.
Edited by
Christopher Daase, Peace Research Institute Frankfurt and Goethe University Frankfurt,Nicole Deitelhoff, Peace Research Institute Frankfurt and Goethe University Frankfurt,Antonia Witt, Peace Research Institute Frankfurt
Over thirty years ago, Frank Klink and I wrote a paper on anarchy, authority, and rule—the first of its kind and a touchstone for subsequent theorizing about states and their relations. We sought to rebut prevailing claims about anarchy as the absence of authority and replace these concepts with a scheme centered on conditions of rule in every society. We identified three forms of rule: hegemony (inspired by Gramsci), hierarchy (drawing on Weber), and heteronomy (inspired by Kant, drawing on liberal theory). We argued that the relations of states exhibit elements of all three forms of rule to the abiding advantage of some few states. There is today a great deal of interest in rule in international relations but less interest in our three-part conceptual scheme. Looking back, I believe it holds up in its own terms but works even better when situated in an overarching framework linking three types of speech acts, derivative types of rules, and correlative forms of rule. I erected this framework in World of Our Making (1989) and reprise it here. I conclude by showing how modernity has reinvigorated status to support sovereign equality, thereby conjoining hegemony and hierarchy in a durably heteronomous world.
This chapter provides a broad overview of existing anthropological work on exemplars and proposes a new relational way of understanding exemplarity. Most existing philosophical and anthropological work on exemplarity has taken an explicitly functionalist approach. Academics have often valued exemplars because of their ‘articulatory power’ to connect the world of things with the world of ideas. This chapter advances this conversation by examining exemplarity as a relationship between persons and things rather than an attribute of either. In doing so, the chapter explores the social effort that is required to stabilize exemplars in the world, and it shows how the creation of exemplars always goes hand in hand with scepticism and critique. Finally, the chapter investigates whether the modern world has been overcome by scepticism towards exemplars such that we now face a ‘crisis of exemplarity’ in which only ‘everyday exemplars’ can be recognized.
Rules are a ubiquitous normative form across the human experience. The recent anthropology of ethics and morality has, however, tended to focus elsewhere, in part to redress a perceived earlier over-emphasis on rules within anthropology. Bourdieu’s scepticism as to the value of structuralist talk of rules, and favouring instead of ‘practice’, has been more widely influential. This chapter makes the case for a renewed and more sophisticated attention to rules within the anthropology of ethics. While the roots of anthropological rule scepticism lie in debates – often inspired by Wittgenstein – over whether the implicit norms of ‘ordinary’ social life should be thought of as ‘rules’, the prominence of explicit rules in many of the world’s great ethical traditions seems hard to ignore. And yet, the conceptual tools available to anthropologists for their nuanced ethnographic appreciation remain under-developed. Some potential resources from analytic and legal philosophy and moral theology are brought to bear on examples from the author’s research on the use of religious rules, specifically those of the Islamic sharia. Having demonstrated the diversity, complexity, and ethnographic interest of the practice of moral rules, the chapter ends by considering why some social contexts appear more ‘ruly’, or legalistic, than others.
This chapter provides an overview of approaches to formal modeling in the domain of categorization. The core psychological processes addressed by models are: generating a classification decision in response to a stimulus and constructing category representations based on supervised experience. A taxonomy is provided that organizes the formal models in terms of their use of a fixed, combined, or constructed approach to predicting categories under either a cue-based or item-based framework. The chapter gives in-depth coverage of a leading approach (exemplar models) as well as an emerging alternative: a constructed cue-based model (DIVA) that differs from competing accounts by learning to reconstruct the input features via sets of category-specific weights and using the degree of reconstructive success (i.e., goodness-of-fit to the category) to determine the likelihood of membership.
Chapter 1 surveys philosophers from the German and British aesthetic and intellectual traditions with which Kant directly engages in the third Critique and pre-Critical materials. What is the role of rules in his early aesthetics? Laying the foundation for some of the book’s later analyses, the chapter shows how the early Kant synthesizes ideas from his German and British predecessors.
Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We find that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was affected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our findings suggest that the philosophical debate between textualism and purposivism partly reflects two broader approaches to normative reasoning that vary within and across individuals.
This chapter looks at the tools and procedures that programmes use to assess claims. Assessing a redress claim involves deciding which injuries to redress and how much money to pay. Those judgements are difficult. Since people will reasonably disagree, good procedure is essential. Enabling survivors to choose how the programme will assess their claims can help protect survivors’ privacy and well-being and make programmes more effective and efficient.