Social and Behavioral Sciences Commons^™

Obtaining Speech Assets For Judgement Analysis On Low-Pass Filtered Emotional Speech, John Snel, Charlie Cullen

Conference papers

Investigating the emotional content in speech from acoustic characteristics requires separating the semantic con- tent from the acoustic channel. For natural emotional speech, a widely used method to separate the two channels is the use of cue masking. Our objective is to investigate the use of cue masking in non-acted emotional speech by analyzing the extent to which filtering impacts the perception of emotional content of the modified speech material. However, obtaining a corpus of emotional speech can be quite difficult whereby verifying the emotional content is an issue thoroughly discussed. Currently, speech research is showing a tendency toward constructing …

Decapitating Power, Ladelle Mcwhorter

Philosophy Faculty Publications

In “Society Must Be Defended” Foucault examines 17th century race war discourse not so much in order to understand 20th century racism or concepts of race but primarily because it constitutes an historical example of an attempt to think power without a head or king. This essay examines his account of race war discourse and the sources he used to construct it. It then takes issue with his claim that early race war discourse can be separated from 18th and 19th century racisms. Finally, it returns to the question of power and argues that the effect of the 1976 lecture …

Republicanism, Richard Dagger

Political Science Faculty Publications

Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …

Tomáš Masaryk And Jane Addams On Humanitarianism And Cultural Reciprocity, Marilyn Fischer

Philosophy Faculty Publications

Chapter addresses similarities between Addams's and Masaryk's positions on cultural difference and national states. The similarities were based not only on their shared general humanitarian point of view, but on a personal interaction as well. Masaryk visited the U.S. several times and even delivered series of lectures on Slavs and their history at Hull House in Chicago. Masaryk spoke with Addams and was in contact with her through his daughter Alice, who spent time in Chicago and whom Addams mentored. In these circumstances the similarities in their ideas of trans-nationalism, the plasticity of national identity, and cultural reciprocity are not …

Scholars Day Program Of Events 2011, Carl Goodson Honors Program

Scholars Day

No abstract provided.

The Legitimating Role Of Consent In International Law, Matthew J. Lister

All Faculty Scholarship

According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but …

The Declaration Of Independence And Immigration In The United States Of America, Kenneth M. White

Faculty and Research Publications

The United States has always been a nation of immigrants, and immigration policy has always been controversial. The history of immigration in the United States is contrasted in this article with a normative standard of naturalization (immigration policy) based on the Declaration of Independence. The current immigration debate fits within a historical pattern that pits an unrestricted right of immigration (the left) against exclusive, provincial politics (the right). Both sides are simultaneously correct and incorrect. A moderate policy on immigration is possible if the debate in the United States gets an infusion of what Thomas Paine called "common sense."

Anthoethnography: Emerging Research Into The Culture Of Flora, Aesthetic Experience Of Plants, And The Wildflower Tourism Of The Future, John C. Ryan

Research outputs 2011

How does anthoethnography contribute to the development of understandings of aesthetic experiences of wild plants and wildflower tourism? As exemplified by the quintessentially aesthetic industry of wildflower tourism, the culture of flora represents diverse engagements between people and plants. Such complex engagements offer further avenues for research. The critical methodology of anthoethnography has been one such approach to circumscribing the values, practices and rhetoric of wildflower tourism. Interviews have revealed perceptual phenomena such as the orchid and everlasting effects as two counterpoised examples of the differences between visual aesthetic values occurring in the region. For appreciators such as Tinker, botanical …

The Ister: Between The Documentary And Heidegger’S Lecture Course Politics, Geographies, And Rivers, Babette Babich

Articles and Chapters in Academic Book Collections

The Ister, the 2004 documentary by the Australian scholars and videographers, David Barison, a political theorist, and Daniel Ross, a philosopher, appeals to Martin Heidegger’s 1942 lecture course, Hölderlins Hymne «Der Ister»and the video takes us «backward» as the river flows: beginning from the Danube’s delta where it ends in the sea and «journeying» with it to its source in the Alps.

the value of the Barison/Ross documentary for both political theory and philosophy is its illustration of the technological incursions or assaults on the river itself, that is to say: its representation of the ‘uses’ and hence …

Confucianism And The Legalism: A Model Of The National Strategy Of Governance In Ancient China, Haiwen Zhou

Economics Faculty Publications

The Confucian school emphasizes family value, moral persuasions, and personal relations. Under Confucianism, there is a free-rider issue in the provision of efforts. Since national officials are chosen through personal relations, they may not be the most capable. The Legalist school emphasizes the usage of incentives and formal institutions. Under the Legalism, the ruler provides strong incentives to local officials which may lead to side effects because some activities are noncontractible. The cold-blood image of the Legalism may alien citizens. By exploiting the paternalistic relationship between the ruler and the ruled under Confucianism and the strength of institution-building under the …

Reaching Disagreement, David R. Hiley

The University Dialogue

No abstract provided.

Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell

All Faculty Scholarship

The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …

Handmaiden And Queen: What Philosophers Find In The Question: "What Is A Leader?", Joanne B. Ciulla

Jepson School of Leadership Studies articles, book chapters and other publications

The word “philosophy” was born when the Greek philosopher and mathematician Pythagoras of Samos (572-497 BC) was asked if he thought he was a wise man. He answered no, he was merely a lover of wisdom – a phileo sophia. The philosophers who came after him were not as humble. Since philosophy was the study of just about everything, they dubbed it the “queen of the sciences”. Philosophy reigned supreme until Christian times when the theologian Clement of Alexandria (150–215?AD) demoted philosophy from the “queen” of the sciences to the “handmaid of theology”. The Enlightenment philosopher John Locke (1632–1704) also …

Mercy, Crime Control, And Moral Credibility, Paul H. Robinson

All Faculty Scholarship

If, in the criminal justice context, "mercy" is defined as forgoing punishment that is deserved, then much of what passes for mercy is not. Giving only minor punishment to a first-time youthful offender, for example, might be seen as an exercise of mercy but in fact may be simply the application of standard blameworthiness principles, under which the offender's lack of maturity may dramatically reduce his blameworthiness for even a serious offense. Desert is a nuanced and rich concept that takes account of a wide variety of factors. The more a writer misperceives desert as wooden and objective, the more …

Punishment As Contract, Claire Oakes Finkelstein

All Faculty Scholarship

This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment, …

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus

All Faculty Scholarship

A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …

"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh

All Faculty Scholarship

No abstract provided.

Breaching The Mortgage Contract: The Behavioral Economics Of Strategic Default, Tess Wilkinson-Ryan

All Faculty Scholarship

Underwater homeowners face a quandary: Should they make their monthly payments as promised or walk away and save money? Traditional economic analysis predicts that homeowners will strategically default (voluntarily enter foreclosure) when it is cheaper to do so than to keep paying down the mortgage debt. But this prediction ignores the moral calculus of default, which is arguably much less straightforward. On the one hand, most people have moral qualms about breaching their contracts, even when the financial incentives are clear. On the other hand, the nature of the lender-borrower relationship is changing and mortgage lenders are increasingly perceived as …

The Obvious Invisibility Of The Relationship Between Technology And Social Values, Jamie P. Ross

Women, Gender, and Sexuality Studies Faculty Publications and Presentations

We all too often assume that technology is the product of objective scientific research and that technology’s moral value lies in only the moral character of its user. To remove technology from a moral realm, we assume value and context neutrality. Yet the power of technology is a reflection of the values that exist in its developmental context. Technology’s moral realm is visible in the reciprocal relationship between culture and technology in the epidemiology of AIDS, clinical research and practice regarding heart disease, and DNA research. Cultural values decide what counts as a scientific question. When we look at the …

E Pluribus Plurum, Or, How To Fail To Back Into A State In Spite Of Really Trying, Chandran Kukathas

Research Collection School of Social Sciences

“The framework for utopia,” Robert Nozick tells us at the beginning of the fi nal section of Part iiiof Anarchy, State, and Utopia( ASU), “is equivalent to the minimal state” (p. 333). The rich andcomplex body of argumentation of Parts iand iihad produced theconclusion that the minimal, and no more than a minimal, statewas legitimate or morally justifi ed. What Part iiireveals is that theminimal state “is the one that best realizes the utopian aspirationsof untold dreamers and visionaries” (p. 333). Although this happyconvergence is surely no accident, neither, Nozick insists, is it contrived, for it is the conclusion reached …

On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank

All Faculty Scholarship

In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, …

"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Blackmail, Mitchell N. Berman

All Faculty Scholarship

Blackmail - the wrongful conditional threat to do what would be permissible - presents one of the great puzzles of the criminal law, and perhaps all of law, for it forces us to explain how it can be impermissible to threaten what it would be permissible to do. This essay, a contribution to forthcoming collection of papers on the philosophy of the criminal law, seeks to resolve the puzzle by building on, and refining, an account of blackmail that I first proposed over a decade ago, what I termed the "evidentiary theory of blackmail." In doing so, it also critically …