L’émergence des marchés en Europe de l’Est, en Asie et celle du cyber-espace ne se fait pas avec la rapidité que beaucoup d’observateurs voudraient. La lenteur de ce développement provient de l’environnement institutionnel : les systèmes législatifs ne soutiennent pas les droits de propriété privée et ne font pas plus respecter les contrats. Ainsi, beaucoup soutiennent que les Etats doivent intensifier leurs efforts pour établir un droit commercial. En réalité, il faut réclamer un désengagement de l’Etat dans le droit commercial. (...) Tout au long de l’histoire, le recours efficace de l’activité commerciale est toujours provenu d’un système polycentrique de droit coutumier avec des querelles résolues par le biais de cours de commerce ou d’arbitrage eux-mêmes appuyés par des sanctions d’ostracisme imposées de façon privée, et il en est de même pour le droit commercial international aujourd’hui. Nous proposons une description des institutions et des processus du droit commercial international, suivie de discutions sur la nécessité d’un droit polycentrique et des caractéristiques du droit coutumier. Finalement, nous expliquons pourquoi nous devrions compter sur un système de droit coutumier polycentrique sans Etat pour l’émergence récente des marchés.The emergence of markets in Eastern Europe, Asia, and cyberspace is no occurring as rapidly as many observers would like. Slow development is a function of the institutional environment: legal systems do not support private property rights or enforce contracts. Thus, many contend that states must step up their efforts to establish commercial law. In reality, less state involvement in commercial law is called for. Throughout history effective recourse for commercial activity has been produced through a polycentric system of customary law with disputes resolved through merchant courts or arbitration backed by privately imposed ostracism sanctions, and the same is true for international commercial law today. A description of the institutions and processes of international commercial law is provided, followed by discussions of the desirability of polycentric law and the characteristics of customary law. Finally, an explanation is provided for why a stateless system of polycentric customary law should be relied upon in modern emerging markets. (shrink)

Words of Life is the sequel and companion to Phenomenology and the "Theological Turn," edited by Dominique Janicaud, Jean-Francois Courtine, Jean-Louis Chrétien, Michel Henry, Jean-Luc Marion, and Paul Ricoeur. In that volume, Janicaud accuses Levinas, Henry, Marion, and Chrétien of "veering" from phenomenological neutrality to a theologically inflected phenomenology. By contrast, the contributors to this collection interrogate whether phenomenology's proper starting point is agnostic or atheistic. Many hold the view that phenomenology after the theological turn may very well be true (...) both to itself and to the phenomenological "things themselves." In one way or another, all of these essays contend with the limits and expectations of phenomenology. As such, they are all concerned with what counts as "proper" phenomenology and even the very structure of phenomenology. None of them, however, is limited to such questions. Indeed, the rich tapestry that they weave tells us much about human experience. Themes such as faith, hope, love, grace, the gift, the sacraments, the words of Christ, suffering, joy, life, the call, touch, listening, wounding, and humility are woven throughout the various meditations in this volume. The contributors use striking examples to illuminate the structure and limits of phenomenology and, in turn, phenomenology serves to clarify those very examples. Thus practice clarifies theory and theory clarifies practice, resulting in new theological turns and new life for phenomenology. The volume showcases the work of both senior and junior scholars, including Jean-Luc Marion, Jean-Yves Lacoste, Kevin Hart, Anthony J. Steinbock, Jeffrey Bloechl, Jeffrey L. Kosky, Clayton Crockett, Brian Treanor, and Christina Gschwandtner-as well as the editors themselves. (shrink)

What is the nature of the decision-related personal values of corporate management? Managers' attitudes and behaviors are built upon their personal value systems (PVS). Knowledge about the structure of management's PVS assists in understanding the attributes of corporate decision making. Utilizing a survey instrument developed and used by England (1967, 1975), this article updates this research into corporate managers' personal value systems. England's PVS consists of sixty-six pre-tested values clustered into five groups. As one could expect with personal values, statistical (...) tests reveal that even with dramatic changes in the business environment the overall personal values structure has not changed over the intervening three decades. The results also reveal that corporate managers retain their pragmatic value orientation as discussed by England. (shrink)

Bruce L. Kinzer offers a rich examination of personal and political themes in the life of John Stuart Mill, one of the most influential liberal thinkers of the nineteenth century. By investigating young Mill's formative period and his relations with his father, Harriet Taylor, and Thomas Carlyle, Kinzer casts light on the challenges Mill faced in understanding himself and what he wished to become. Kinzer's political explorations probe issues central to the appreciation of Mill as an engaged political thinker (...) and actor and offers an insightful portrait of a complex and towering figure."--BOOK JACKET. (shrink)

Quantum theory offers mathematical descriptions of measurable phenomena with great facility and accuracy, but it provides absolutely no understanding of why any particular quantum outcome is observed. It is the province of genuine explanations to tell us how things actually work—that is, why such descriptions hold and why such predictions are true. Quantum theory is long on the what, both mathematically and observationally, but almost completely silent on the how and the why. What is even more interesting is that, in (...) some sense, this state of affairs seems to be a necessary consequence of the empirical adequacy of quantum descriptions. One of the most noteworthy achievements of quantum theory is the accurate prediction of phenomena that, on pain of experimental contradiction, have no physical explanation. It is the purpose of this essay to make clear why quantum mechanics and quantum field theory are complete physical descriptions that describe the metaphysical incompleteness of the physical world, then to press the negative implications of this fact for naturalistic metaphysics. (shrink)

Schools of Faith represents a diversity of essays from scholars in several continents. The contributors, all leading theologians and ethicists, offer reflections on historical and contemporary themes which are significant for wider debates in theological education and church life in today's world. The range of contributor and content provides a fitting tribute to the work of Iain R. Torrance over many years. Amid the numerous subjects discussed, the authors focus on liturgy, textual criticism, public theology, the ethics of war, Christian (...) doctrine, divine action, ecumenism, inter-faith dialogue, spiritual formation, the office of the minister, and the interface between religion and literature. The multi-faceted nature of this collection signifies its importance for historical, systematic and practical theology. (shrink)

Two arguments have recently been advanced that Maxwell-Boltzmann particles areindistinguishable just like Bose–Einstein and Fermi–Dirac particles. Bringing modalmetaphysics to bear on these arguments shows that ontological indistinguishabilityfor classical (MB) particles does not follow. The first argument, resting on symmetryin the occupation representation for all three cases, fails since peculiar correlationsexist in the quantum (BE and FD) context as harbingers of ontic indistinguishability,while the indistinguishability of classical particles remains purely epistemic. The secondargument, deriving from the classical limits of quantum statistical partition (...) functions,embodies a conceptual confusion. After clarifying the doctrine of haecceitism, a thirdargument is considered that attempts to deflate metaphysical concerns altogether byshowing that the phase-space and distribution-space representations of MB-statisticshave contrary haecceitistic import. Careful analysis shows this argument to fail as well,leaving de re modality unproblematically grounding particle identity in the classicalcontext while genuine puzzlement about the underlying ontology remains for quantumstatistics. (shrink)

Two arguments have recently been advanced that Maxwell-Boltzmann particles areindistinguishable just like Bose–Einstein and Fermi–Dirac particles. Bringing modalmetaphysics to bear on these arguments shows that ontological indistinguishabilityfor classical (MB) particles does not follow. The first argument, resting on symmetryin the occupation representation for all three cases, fails since peculiar correlationsexist in the quantum (BE and FD) context as harbingers of ontic indistinguishability,while the indistinguishability of classical particles remains purely epistemic. The secondargument, deriving from the classical limits of quantum statistical partition (...) functions,embodies a conceptual confusion. After clarifying the doctrine of haecceitism, a thirdargument is considered that attempts to deflate metaphysical concerns altogether byshowing that the phase-space and distribution-space representations of MB-statisticshave contrary haecceitistic import. Careful analysis shows this argument to fail as well,leaving de re modality unproblematically grounding particle identity in the classicalcontext while genuine puzzlement about the underlying ontology remains for quantumstatistics. (shrink)

Bruce L. Kinzer provides the first comprehensive investigation of J.S. Mill's multifaceted engagement with the Irish question, the fundamental issues inherent in British-Irish politics.

John Stuart Mill's connection with the Irish question spanned more than four decades and embraced a variety of elements. Of his writings on Ireland, the best known are his forty-threeMorning Chroniclearticles of 1846–47 composed in response to the Famine, the section of thePrinciples of Political Economythat treats the issue of cottier tenancy and the problem of Irish land, and, most conspicuous of all, his radical pamphletEngland and Ireland, published in 1868. All of these writings take the land question as their (...) paramount concern. The fairly absorbing interest in the subject disclosed by Mill during the second half of the 1840s arose from the fortuitous conjuncture of the disaster unfolding in Ireland and his engagement with the principles of political economy. Between 1848 and 1871 Mill'sPrincipleswent through seven editions (excluding the People's edition) and the substantive revisions he made in the section on Ireland from one edition to the next illumine both the essence and the accidentals of his bearing towards that country. Mill's cogent and controversial advocacy of fixity of tenure inEngland and Irelandconstituted the heart of his answer to the Fenian challenge. The land question aside, Mill was drawn into the battle over the Irish university system in the 1860s largely through his friendship with John Elliot Cairnes, professor of jurisprudence and political economy at the Queen's College Galway. On this subject, however, Mill wrote almost nothing for publication. The longest single piece he ever drafted on Ireland was his first, an essay that predated theMorning Chroniclearticles by two decades. In his own bibliography this essay is referred to as ‘An article on the Catholic Question which appeared in the Parliamentary Review for 1825’. Although the essay of 1825 could justly have borne the same title as the pamphlet of 1868, the particulars of course differ markedly. Ireland never ceased to pose a question during the course of the nineteenth century, but the dynamics shaping that question changed much between the mid-1820s and the late 1860s. Even so, the 1825 essay prefigures something of Mill's later involvement with the Irish question, and also invites examination as a quite remarkable piece of political journalism from the pen of a young man not yet twenty, who would subsequently establish himself as the most influential thinker of his generation. (shrink)

America's research universities, approximately 125 in number,play important roles in the nation's research system, and help toset the tone for all institutions of research and higherlearning. As the research universities have formed closer linkswith industry, new problems have arisen that have precipitated amajor debate. The academic medical centres and related lifescience departments present some of the most challenging newissues, which are analysed in this paper within the framework ofthe biomedical research system that has evolved in the UnitedStates since the Second (...) World War. (shrink)

This detailed study places the political and personal beliefs and behaviour of Britain's leading philosopher in the context of the crucial changes resulting from the growing democratization of society and culture in Britain.

The practice of science rests on the assumption of dependable regularity in the behavior of the physical world. It presumes that the world has an investigable causal structure and that scientific experimentation, observation, and theorizing provide a reliable pathway to its discernment. This much is not in dispute. What is in dispute is what warrants the metaphysical and methodological assumption—essential to the heuristic utility of science—that nature is uniform in such a way that the present can serve as a key (...) to both the past and the future. This article focuses on the metaphysical foundation and justification for uniformitarian assumptions about nature and argues that they are inconsistent with both metaphysical and methodological naturalism. (shrink)

ABSTRACT. Two arguments have recently been advanced that Maxwell-Boltzmann particles are indistinguishable just like Bose-Einstein and Fermi-Dirac particles. Bringing modal metaphysics to bear on these arguments shows that ontological indistinguishability for classical (MB) particles does not follow. The first argument, resting on symmetry in the occupation representation for all three cases, fails since peculiar correlations exist in the quantum (BE and FD) context as harbingers of ontic indistinguishability, while the indistinguishability of classical particles remains purely epistemic. The second argument, deriving (...) from the classical limits of quantum statistical partition functions, embodies a conceptual confusion. After clarifying the doctrine of haecceitism, a third argument is considered that attempts to deflate metaphysical concerns altogether by showing that the phase-space and distribution-space representations of MB-statistics have contrary haecceitistic import. Careful analysis shows this argument to fail as well, leaving de re modality unproblematically grounding particle identity in the classical context while genuine puzzlement about the underlying ontology remains for quantum statistics. (shrink)

The aim of this paper is modest. It is argued that if the nature of the "equivalence" between first-quantized particle theories and second-quantized (Fock Space) theories is examined closely, if the inadequacies of de Muynck's "indexed particle" version of Fock Space are recognized, and if the question is not begged against modal metaphysics, then van Fraassen's attempted deflation of ontological issues in quantum theory can be seen to fail.

We begin with a discussion of the Borde-Guth-Vilenkin past-incompleteness theorem for inflationary universes and discuss its significance for various pre-big-bang inflationary scenarios in string cosmology, including landscape and cyclic ekpyrotic models. We then undertake a general critique of inflationary cosmology in respect of its stated goals and conclude with a critcal discussion of the string-theoretic multiverse as a "solution" to the problem of cosmological fine-tuning.

This essay argues that, despite the failure of demarcation criteria for separating science from non-science, the mathematics of design and design-theoretic inferences nonetheless satisfy all the criteria of various competing theories of scientific explanation.

There is an argument for the existence of God from the incompleteness of nature that is vaguely present in Plantinga’s recent work. This argument, which rests on the metaphysical implications of quantum physics and the philosophical deficiency of necessitarian conceptions of physical law, deserves to be given a clear formulation. The goal is to demonstrate, via a suitably articulated principle of sufficient reason, that divine action in an occasionalist mode is needed (and hence God’s existence is required) to bring causal (...) closure to nature and render it ontologically functional. The best explanation for quantum phenomena and the most adequate understanding of general providence turns out to rest on an ontic structural realism in physics that is grounded in the immaterialist metaphysics of theistic idealism. (shrink)

According to span theory, a behavioral theory of the magical numbers, Cowan's 4 and Miller's 7 are simply two different points on the same ogive describing the relation between performance and span load, a fundamental task characteristic. Span theory explains the magical numbers in terms of a unitary limited span ability, a mathematical abstraction from that ogive.

Transcriptional enhancer sequences have been shown to play a pivotal role in the regulation of some highly expressed genes. First described in eukaryotic viruses, the discovery of enhancers has augmented the previously defined control‐sequence motifs to give a more complete understanding of eukaryotic transcriptional regulatory mechanisms. Some properties of enhancers that distinguish them from other regulatory sequences include their ability to function in a position‐ and orientation‐independent manner. Furthermore, the observation that some enhancers and transcriptional promoters exhibit tissue specificity in (...) their activity has generated considerable interest. Enhancer activation is thought to involve sequence‐specific DNA‐binding proteins but the process by which this leads to an increase in the initiation of transcription remains obscure. Although viral enhancers are more fully characterized, several cellular enhancers have recently been identified. One such enhancer sequence has been detected in a 3′ flanking region of a highly expressed human placental lactogen gene. This enhancer can increase the transcriptional rate of an adjacent gene by at least 50‐fold. (shrink)

This study examined the relationship between individual differences in executive functions (EF; assessed by measures of working memory, Stroop, trail making, and verbal fluency) and ability to down-regulate and up-regulate responses to emotionally evocative film clips. To ensure a wide range of EF, 48 participants with diverse neurodegenerative disorders and 21 older neurologically normal ageing participants were included. Participants were exposed to three different movie clips that were designed to elicit a mix of disgust and amusement. While watching the films (...) they were either instructed to watch, down-regulate, and up-regulate their visible emotional responses. Heart rate and facial behaviours were monitored throughout. Emotion regulatory ability was operationalised as changes in heart rate and facial behaviour in the down- and up-regulation conditions, controlling for responses in the watch condition. Results indicated that higher verbal fluency scores were related to greater ability to regulate emotion in both the down-regulation and up-regulation conditions. This finding remained significant even after controlling for age and general cognitive functioning. No relationships were found between emotion regulation and the other EF measures. We believe these results derive from differences among EF measures, with verbal-fluency performance best capturing the complex sequence of controlled planning, activation, and monitoring required for successful emotion regulation. These findings contribute to our understanding of emotion–cognition interaction, suggesting a link between emotion-regulatory abilities and individual differences in complex executive functions. (shrink)

A common quest among theoretical psychologists is the transformation of psychology to accommodate human agency and meaning. Several strong experimental methods are used in cognitive neuroscience but are based almost entirely upon a mechanistic ontology. A step toward rapprochement is proposed using precise and powerful experimental methods that are holistic, individualized, and compatible with an agentive ontology. Such methods must be applicable to all aspects of human experience, the subjective and agentive aspects, as well as the behavioural and the neurophysiological (...) Multivariate methods are capable of expressing and capturing the holistic isomorphism among multiple aspects of human existence and might even help provide insight into the mind-body problem. Results from a cognitive neuroscience study are used to illustrate this approach. 2012 APA, all rights reserved). (shrink)