Legal Theories : Contexts and Practices [2nd ed.]

Legal Theories: Contexts and Practices presents legal theory as a living and evolving entity. The reader is brought into its story as an active participant who is challenged to think about where they sit within the history and traditions of legal theory and jurisprudence. This second edition explores how lawyers and the courts adopt theoretical and jurisprudential positions and how they are influenced by the historical, social, cultural, and legal conditions characteristic of the time in which they live. It considers how legal theories, too, are influenced by those conditions, and how these combined forces influence and continue to affect contemporary legal thinking and legal interpretation.

Strong inference in functional neuroimaging

A recurring question for cognitive science is whether functional neuroimaging data can provide evidence for or against psychological theories. As posed, the question reflects an adherence to a popular scientific method known as 'strong inference'. The method entails constructing multiple hypotheses (Hs) and designing experiments so that alternative possible outcomes will refute at least one (i.e., 'falsify' it). In this article, after first delineating some well-documented limitations of strong inference, I provide examples of functional neuroimaging data being used to test Hs from rival modular information-processing models of spoken word production. 'Strong inference' for neuroimaging involves first establishing a systematic mapping of 'processes to processors' for a common modular architecture. Alternate Hs are then constructed from psychological theories that attribute the outcome of manipulating an experimental factor to two or more distinct processing stages within this architecture. Hs are then refutable by a finding of activity differentiated spatially and chronometrically by experimental condition. When employed in this manner, the data offered by functional neuroimaging may be more useful for adjudicating between accounts of processing loci than behavioural measures.

Implementing a context-based environmental science unit in the middle years: Teaching and learning at the creek

Engaging middle-school students in science continues to be a challenge in Australian schools. One initiative that has been tried in the senior years but is a more recent development in the middle years is the context-based approach. In this ethnographic study, we researched the teaching and learning transactions that occurred in one 9th grade science class studying a context-based Environmental Science unit that included visits to the local creek for 11 weeks. Data were derived from field notes, audio and video recorded conversations, interviews, student journals and classroom documents with a particular focus on two selected groups of students. This paper presents two assertions that highlight pedagogical approaches that contributed to learning. Firstly, spontaneous teaching episodes created opportunities for in-the-moment questioning by the teacher that led to students’ awareness of environmental issues and the scientific method; secondly, group work using flip cameras afforded opportunities for students to connect the science concepts with the context. Furthermore, students reported positively about the unit and expressed their appreciation for the opportunity to visit the creek frequently. This findings from this study should encourage teachers to take students into the real-world field for valuable teaching and learning experiences that are not available in the formal classroom.

Teacher Education, School Effectiveness and Improvement : A Study of Academic and Professional Qualification on Teachers' Job Effectiveness in Nigerian Secondary Schools

This academic work begins with a compact presentation of the general background to the study, which also includes an autobiography for the interest in this research. The presentation provides readers who know little of the topic of this research and of the structure of the educational system as well as of the value given to education in Nigeria. It further concentrates on the dynamic interplay of the effect of academic and professional qualification and teachers' job effectiveness in secondary schools in Nigeria in particular, and in Africa in general. The aim of this study is to produce a systematic analysis and rich theoretical and empirical description of teachers' teaching competencies. The theoretical part comprises a comprehensive literature review that focuses on research conducted in the areas of academic and professional qualification and teachers' job effectiveness, teaching competencies, and the role of teacher education with particular emphasis on school effectiveness and improvement. This research benefits greatly from the functionalist conception of education, which is built upon two emphases: the application of the scientific method to the objective social world, and the use of an analogy between the individual 'organism' and 'society'. To this end, it offers us an opportunity to define terms systematically and to view problems as always being interrelated with other components of society. The empirical part involves describing and interpreting what educational objectives can be achieved with the help of teachers' teaching competencies in close connection to educational planning, teacher training and development, and achieving them without waste. The data used in this study were collected between 2002 and 2003 from teachers, principals, supervisors of education from the Ministry of Education and Post Primary Schools Board in the Rivers State of Nigeria (N=300). The data were collected from interviews, documents, observation, and questionnaires and were analyzed using both qualitative and quantitative methods to strengthen the validity of the findings. The data collected were analyzed to answer the specific research questions and hypotheses posited in this study. The data analysis involved the use of multiple statistical procedures: Percentages Mean Point Value, T-test of Significance, One-Way Analysis of Variance (ANOVA), and Cross Tabulation. The results obtained from the data analysis show that teachers require professional knowledge and professional teaching skills, as well as a broad base of general knowledge (e.g., morality, service, cultural capital, institutional survey). Above all, in order to carry out instructional processes effectively, teachers should be both academically and professionally trained. This study revealed that teachers are not however expected to have an extraordinary memory, but rather looked upon as persons capable of thinking in the right direction. This study may provide a solution to the problem of teacher education and school effectiveness in Nigeria. For this reason, I offer this treatise to anyone seriously committed in improving schools in developing countries in general and in Nigeria in particular to improve the lives of all its citizens. In particular, I write this to encourage educational planners, education policy makers, curriculum developers, principals, teachers, and students of education interested in empirical information and methods to conceptualize the issue this study has raised and to provide them with useful suggestions to help them improve secondary schooling in Nigeria. Though, multiple audiences exist for any text. For this reason, I trust that the academic community will find this piece of work a useful addition to the existing literature on school effectiveness and school improvement. Through integrating concepts from a number of disciplines, I aim to describe as holistic a representation as space could allow of the components of school effectiveness and quality improvement. A new perspective on teachers' professional competencies, which not only take into consideration the unique characteristics of the variables used in this study, but also recommend their environmental and cultural derivation. In addition, researchers should focus their attention on the ways in which both professional and non-professional teachers construct and apply their methodological competencies, such as their grouping procedures and behaviors to the schooling of students. Keywords: Professional Training, Academic Training, Professionally Qualified, Academically Qualified, Professional Qualification, Academic Qualification, Job Effectiveness, Job Efficiency, Educational Planning, Teacher Training and Development, Nigeria.

The DOOR manual for plant nurseries

In the nursery industry, generic research conducted by government institutions is often not specific enough to be highly valued and adopted by the individual operator. Operators need practical solutions to their particular problems. Such problems almost invariably involve sets of conditions common to few other enterprises. This uniqueness reflects the almost infinite variation of options available in terms of species grown, media used, fertiliser, amendments and chemicals applied and the way water is supplied. The DOOR (Do Our Own Research) method advocates a relatively unexplored way of generating new, statistically sound research information in the nursery industry. The manual aims to enhance nursery operators' understanding and skills development in the following areas: critially evaluating opportunities and problems in the nursery environment, gathering relevant information, deriving and prioritising potential solutions to problems and opportunities, becoming familiar with the scientific method employed in testing potential solutions, carrying out statistically sound aand rigorous research, and developing recommendations that flow from the research information generated. The DOOR approach has application in a number of other industries and may provide important support at a time of declining research, development and extension investment by the public sector.

Popper or Kuhn: Truth and the progress of science

The questions of whether science pursues truth as correspondence to reality and whether science in fact progresses towards attaining a truthful understanding of physical reality are fundamental and contested in the philosophy of science. On one side of the debate stands Popper, who argues that science is objective, necessarily assumes a correspondence theory of truth, and inevitably progresses toward truth as physical theories develop, gaining a more truthful understanding of reality through progressively more sophisticated empirical analysis. Conversely Kuhn, influenced by postmodern philosophy, argues that ultimate truth cannot be attained since no objective metaphysical reality exists and it cannot be known, and consequently the notion of scientific objectivity and "progress" is a myth, marred by philosophical and ideological value judgments. Ultimately, Kuhn reduces so-called scientific progress through the adoption of successive paradigms to leaps of "faith". This paper seeks a reconciliation of the two extremes, arguing that Popper is correct in the sense that science assumes a correspondence theory of truth and may progress toward truth as physical theories develop, while simultaneously acknowledging with Kuhn that science is not purely objective and free of value judgments. The notion of faith is also critical, for it was the acknowledgement of God's existence as the creator and instituter of observable natural laws which allowed the development of science and the scientific method in the first place. Therefore, accepting and synthesising the contentions that science is to some extent founded on faith, assumes and progresses toward truth, and is subject to value judgments is necessary for the progress of science.

Del sueño cartesiano a la muerte encefálica

Resumen: Entre el sueño y la muerte hay “sólo una distancia”. El dormir encierra un misterio que se aviva con los sueños y, al parecer, habrían prefigurado al mismo método científico moderno. Descartes pensó que en sus sueños se transmitía el espíritu de la verdad. El alma soñadora e inmortal adquirió notoriedad en su dualismo, al tiempo que dejó de asociársela con la muerte. Tres siglos después, la medicina permitió identificar individuos que estaban muertos, aunque pareciesen dormidos (coma dépassé). Así reapareció la asociación sueño-muerte, pero ahora con médicos provistos del “diagnóstico anátomo-clínico” que, por su herencia cartesiana, demandará evidencias. La duda metódica integrada al pensamiento científico, aportaría incertidumbre a las formulaciones cerebrales de la muerte. Este trabajo repasa el valor de los sueños para el pensamiento occidental, busca al “hombre-máquina” dentro de los criterios neurológicos del fallecido y, con la ayuda de la Filosofía, intenta comprender algunas objeciones en torno a la licitud del diagnóstico de “muerte encefálica”. Se propone una revisión sucinta de la obra del filósofo francés y su reflejo en aspectos del debate ofrecido por la literatura médica.

Formal methods in the foundations of science

The intent of this study is to provide formal apparatus which facilitates the investigation of problems in the methodology of science. The introduction contains several examples of such problems and motivates the subsequent formalism.

A general definition of a formal language is presented, and this definition is used to characterize an individual’s view of the world around him. A notion of empirical observation is developed which is independent of language. The interplay of formal language and observation is taken as the central theme. The process of science is conceived as the finding of that formal language that best expresses the available experimental evidence.

To characterize the manner in which a formal language imposes structure on its universe of discourse, the fundamental concepts of elements and states of a formal language are introduced. Using these, the notion of a basis for a formal language is developed as a collection of minimal states distinguishable within the language. The relation of these concepts to those of model theory is discussed.

An a priori probability defined on sets of observations is postulated as a reflection of an individual’s ontology. This probability, in conjunction with a formal language and a basis for that language, induces a subjective probability describing an individual’s conceptual view of admissible configurations of the universe. As a function of this subjective probability, and consequently of language, a measure of the informativeness of empirical observations is introduced and is shown to be intuitively plausible – particularly in the case of scientific experimentation.

The developed formalism is then systematically applied to the general problems presented in the introduction. The relationship of scientific theories to empirical observations is discussed and the need for certain tacit, unstatable knowledge is shown to be necessary to fully comprehend the meaning of realistic theories. The idea that many common concepts can be specified only by drawing on knowledge obtained from an infinite number of observations is presented, and the problems of reductionism are examined in this context.

A definition of when one formal language can be considered to be more expressive than another is presented, and the change in the informativeness of an observation as language changes is investigated. In this regard it is shown that the information inherent in an observation may decrease for a more expressive language.

The general problem of induction and its relation to the scientific method are discussed. Two hypotheses concerning an individual’s selection of an optimal language for a particular domain of discourse are presented and specific examples from the introduction are examined.

水体质量综合评价的物元模型

对水体的可拓性做了充分地分析和研究,说明了利用可拓学方法对水体质量进行分析评价的适宜性。并且应用可拓学的理论和方法,对水体的物征和质量特性进行了全面分析,建立了相应的物元模型,为水体的质量评价提供了一种新的科学方法。

A distributed architecture for the monitoring and analysis of time series data

It is estimated that the quantity of digital data being transferred, processed or stored at any one time currently stands at 4.4 zettabytes (4.4 × 2 70 bytes) and this figure is expected to have grown by a factor of 10 to 44 zettabytes by 2020. Exploiting this data is, and will remain, a significant challenge. At present there is the capacity to store 33% of digital data in existence at any one time; by 2020 this capacity is expected to fall to 15%. These statistics suggest that, in the era of Big Data, the identification of important, exploitable data will need to be done in a timely manner. Systems for the monitoring and analysis of data, e.g. stock markets, smart grids and sensor networks, can be made up of massive numbers of individual components. These components can be geographically distributed yet may interact with one another via continuous data streams, which in turn may affect the state of the sender or receiver. This introduces a dynamic causality, which further complicates the overall system by introducing a temporal constraint that is difficult to accommodate. Practical approaches to realising the system described above have led to a multiplicity of analysis techniques, each of which concentrates on specific characteristics of the system being analysed and treats these characteristics as the dominant component affecting the results being sought. The multiplicity of analysis techniques introduces another layer of heterogeneity, that is heterogeneity of approach, partitioning the field to the extent that results from one domain are difficult to exploit in another. The question is asked can a generic solution for the monitoring and analysis of data that: accommodates temporal constraints; bridges the gap between expert knowledge and raw data; and enables data to be effectively interpreted and exploited in a transparent manner, be identified? The approach proposed in this dissertation acquires, analyses and processes data in a manner that is free of the constraints of any particular analysis technique, while at the same time facilitating these techniques where appropriate. Constraints are applied by defining a workflow based on the production, interpretation and consumption of data. This supports the application of different analysis techniques on the same raw data without the danger of incorporating hidden bias that may exist. To illustrate and to realise this approach a software platform has been created that allows for the transparent analysis of data, combining analysis techniques with a maintainable record of provenance so that independent third party analysis can be applied to verify any derived conclusions. In order to demonstrate these concepts, a complex real world example involving the near real-time capturing and analysis of neurophysiological data from a neonatal intensive care unit (NICU) was chosen. A system was engineered to gather raw data, analyse that data using different analysis techniques, uncover information, incorporate that information into the system and curate the evolution of the discovered knowledge. The application domain was chosen for three reasons: firstly because it is complex and no comprehensive solution exists; secondly, it requires tight interaction with domain experts, thus requiring the handling of subjective knowledge and inference; and thirdly, given the dearth of neurophysiologists, there is a real world need to provide a solution for this domain

Paul Karl Feyerabend Las proyecciones de la proliferación teórica en la relación ciencia-metafísica

La doctrina de la Proliferación teórica de Paul Karl Feyerabend ha sido interpretada por sus especialistas como un intento de salvaguardar el ideal del progreso científico. Aunque tales estudios hacen justicia, en parte, a la intencionalidad de nuestro filósofo no explicitan la crítica fundamental que implica para Feyerabend el pluralismo teórico. La proliferación teórica constituye en sí misma una reductio ad absurdum de los distintos intentos del positivismo lógico y del racionalismo crítico por definir la ciencia a expensas de lo metafísico. Este artículo presenta la proliferación teórica como una reivindicación del papel positivo que ocupa la metafísica en el quehacer científico. Se consigna la defensa que hace Feyerabend de la metafísica en cuanto que ésta constituye la posibilidad de superar el conservadurismo conceptual, aumentar de contenido empírico de la ciencia y recuperar el valor descriptivo de las teorías científicas.

La lógica poética. Una fenomenología del pensamiento artístico

We tried to extend the notion of truth, from the rational concept towards the subjective one. We not only exist by the thought, but also by the feeling. If we apply the scientific method to everything, we remain without art. We want to adhere ourselves to the intimate experience of the subjective thing. In art, the eye introduces the perspective and eliminates the interpretation possibility. Something similar happens with the matter: verb is to matter as name is to form. The Academy has given importance to the form, and it has forgotten the poetical qualities of the matter; it has focused on the figure and it has forgotten the background. However, we have to pay attention to the accidental thing, to the rupture of the protocol, to the frenzy of everything that is alive. For this reason, we pay attention to our intuition, to the sleepy subsoil of our ordinary experience whose inertia has lost the disruptive value of the action. At the end of this article we offer practical exercises, with which we wish to revitalize our centres of attention.

Research Methods in Psychology For Dummies

Your hands-on introduction to research methods in psychology.  
Looking for an easily accessible overview of research methods in psychology? This is the book for you! Whether you need to get ahead in class, you're pressed for time, or you just want a take on a topic that's not covered in your textbook, Research Methods in Psychology For Dummies has you covered. 
Written in plain English and packed with easy-to-follow instruction, this friendly guide takes the intimidation out of the subject and tackles the fundamentals of psychology research in a way that makes it approachable and comprehensible, no matter your background. Inside, you'll find expert coverage of qualitative and quantitative research methods, including surveys, case studies, laboratory observations, tests and experiments—and much more. 
- Serves as an excellent supplement to course textbooks - Provides a clear introduction to the scientific method - Presents the methodologies and techniques used in psychology research- Written by the authors of Psychology Statistics For Dummies 
If you're a first or second year psychology student and want to supplement your doorstop-sized psychology textbook—and boost your chances of scoring higher at exam time—this hands-on guide breaks down the subject into easily digestible bits and propels you towards success.

Transparency and Public Involvement in Animal Research

To be legitimate, research needs to be ethical, methodologically sound, of sufficient value to justify public expenditure and be transparent. Animal research has always been contested on ethical grounds, but there is now mounting evidence of poor scientific method, and growing doubts about its clinical value. So what of transparency? Here we examine the increasing focus on openness within animal research in the UK, analysing recent developments within the Home Office and within the main group representing the interests of the sector, Understanding Animal Research. We argue that, while important steps are being taken toward greater transparency, the legitimacy of animal research continues to be undermined by selective openness. We propose that openness could be increased through public involvement, and that this would bring about much needed improvements in animal research, as it has done in clinical research.

La historia carnavalesca del 68 en Palinuro de México de Fernando del Paso

Résumé Ce travail cherche à révéler les stratégies utilisées dans Palinuro de México (1977) de Fernando del Paso pour représenter l’histoire du mouvement étudiant de 1968, qui se termina par le massacre de Tlatelolco. Afin de protéger son image, le gouvernement censura cet événement, qui compte parmi les plus marquants de l’histoire contemporaine du Mexique. Nous situons Palinuro de México dans un corpus littéraire qui résiste au silence imposé par les autorités avec la création d’une poétique capable de raconter l’histoire et de dénoncer la censure. Notre hypothèse s’appuie sur les réflexions de Paul Veyne et Jacques Rancière, qui démontrent que l’écriture de l’histoire ne possède pas de méthode scientifique, mais procède plutôt d’une construction littéraire. Cela nous permet d’affirmer que l’histoire, puisqu’elle relève de la littérature, peut aussi être racontée dans un roman. La théorie de la littérature carnavalesque de Mijail Bajtin, qui se caractérise par le rire, la liberté d’expression et l’opposition aux règles officielles, nous sert à identifier les procédés utilisés dans Palinuro de México pour créer une mémoire de Tlatelolco. Ce style rappelle la vitalité du mouvement étudiant, en soulignant la joyeuse subversion des valeurs. De plus, son caractère polyphonique permet d’inclure une pièce de théâtre dans un roman et de confronter les différentes idéologies qui s’opposaient durant le conflit.