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Chapter 1 introduces students to the various approaches used to pursue comparative legal studies. It especially presents the orthodox “legal families“ approach to macro-comparative law. The chapter then considers several critiques of that tradition. H. Patrick Glenn challenges the concept of “legal families“ and suggests a “legal traditions” framework to replace it. The chapter then presents the social-contextual approach to comparative law as promoted by Legrand. Finally, the chapter urges students to recognize the ethical implications of comparative law through Frankenberg’s concepts of “distancing” and “differencing.”
Cognitive distancing is an emotion regulation strategy commonly used in psychological treatment of various mental health disorders, but its therapeutic mechanisms are unknown.
Methods
935 participants completed an online reinforcement learning task involving choices between pairs of symbols with differing reward contingencies. Half (49.1%) of the sample was randomised to a cognitive self-distancing intervention and were trained to regulate or ‘take a step back’ from their emotional response to feedback throughout. Established computational (Q-learning) models were then fit to individuals' choices to derive reinforcement learning parameters capturing clarity of choice values (inverse temperature) and their sensitivity to positive and negative feedback (learning rates).
Results
Cognitive distancing improved task performance, including when participants were later tested on novel combinations of symbols without feedback. Group differences in computational model-derived parameters revealed that cognitive distancing resulted in clearer representations of option values (estimated 0.17 higher inverse temperatures). Simultaneously, distancing caused increased sensitivity to negative feedback (estimated 19% higher loss learning rates). Exploratory analyses suggested this resulted from an evolving shift in strategy by distanced participants: initially, choices were more determined by expected value differences between symbols, but as the task progressed, they became more sensitive to negative feedback, with evidence for a difference strongest by the end of training.
Conclusions
Adaptive effects on the computations that underlie learning from reward and loss may explain the therapeutic benefits of cognitive distancing. Over time and with practice, cognitive distancing may improve symptoms of mental health disorders by promoting more effective engagement with negative information.
In Chapter 6, Henry Fielding’s Joseph Andrews (1742) and Charlotte Brontë’s Jane Eyre (1847) are analysed in a pragmatic light. Although many have studied the age-old author–reader relationship in these two novels, rarely have the different pragmatic acts the author/narrator is performing in their address to the reader been highlighted. Studied within Warhol’s broader narratological distinctions between ‘distancing’ and ‘engaging’ narrators (1986, 1989, 1995), these addresses are re-placed within the theoretical model developed in Chapter 1 to enhance the difference between the two texts and show that other references of ‘you’ are present in a way never emphasised in studies of these novels (Brontë’s in particular).
Public health used to be enforced by the state, taking measures to isolate the ill and thus spare the community. Such traditional techniques involved a heavy sacrifice of individual liberties as citizens were inconvenienced and worse for the public good. In modern democracies, however, such heavy-handed methods could not continue. Public health therefore shifted its focus from the state imposing the needed behavioral changes on its subjects to citizens themselves voluntarily adopting the kind of conduct that was required to remain safe and healthy. Bacteriology and the increasing knowledge that some diseases were caused not by filth, but by microscopic organisms allowed public health authorities to target their preventive actions more precisely. It also allowed them to specify the kinds of behavioral prescriptions citizens had to follow to avoid spreading disease – not sneezing or coughing in public, avoiding needless physical and sexual contact, maintaining more general social distance, and the like. Citizens became increasingly responsible for their own well-being, learning how to behave to remain healthy.
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