This essay describes modern American legal pragmatism. Its origins in pragmatist philosophy are traced, and it is compared with the law and economics movement in American law and the formalist style of Continental legal theory. The essay argues that the inevitability of legal pragmatism in America, and its dispensability in Europe, reflect fundamental institutional and cultural differences rather than mere accidents of history or legal thought.

Anterior cingulate cortex (ACC) is a part of the brain's limbic system. Classically, this region has been related to affect, on the basis of lesion studies in humans and in animals. In the late 1980s, neuroimaging research indicated that ACC was active in many studies of cognition. The findings from EEG studies of a focal area of negativity in scalp electrodes following an error response led to the idea that ACC might be the brain's error detection and correction device. In (...) this article, these various findings are reviewed in relation to the idea that ACC is a part of a circuit involved in a form of attention that serves to regulate both cognitive and emotional processing. Neuroimaging studies showing that separate areas of ACC are involved in cognition and emotion are discussed and related to results showing that the error negativity is influenced by affect and motivation. In addition, the development of the emotional and cognitive roles of ACC are discussed, and how the success of this regulation in controlling responses might be correlated with cingulate size. Finally, some theories are considered about how the different subdivisions of ACC might interact with other cortical structures as a part of the circuits involved in the regulation of mental and emotional activity. (shrink)

All of the chapters have been written especially for the book by the leading scholars in the field.Michael I. Posner is Professor of Psychology at the ...

Explores the development of the ideas of evolutionary biology, particularly as affected by the increasing understanding of genetics and of the chemical basis of inheritance.

Following the research of Liedtka (1989), this paper examines the impact of her values congruence model on managers'' work attitudes and perceptions of ethical practices within their firms. A nationwide cross-section of managers (N=1,059) provides the sample for the study. Consonance or clarity about both personal value systems and organizational value systems were found to be more important and, in the absence of one or the other, clarity of personal values were shown to have a more positive impact than organizational (...) value clarity. (shrink)

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...) Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi. (shrink)

Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should--indeed, must--directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a climate change agreement (...) and efforts to improve economic justice. But they make a powerful case that the best--and possibly only--way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work--a forward-looking agreement that requires every country to make greenhouse--gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world. (shrink)

1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.

Posner characterizes the current preoccupation with moral and constitutional theory as an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise, and advocates a rebuilding of the law on the basis of systematic empirical inquiry.

Published just after the Second World War, European Literature and the Latin Middle Ages is a sweeping exploration of the remarkable continuity of European literature across time and place, from the classical era up to the early nineteenth century, and from the Italian peninsula to the British Isles. In what T. S. Eliot called a "magnificent" book, Ernst Robert Curtius establishes medieval Latin literature as the vital transition between the literature of antiquity and the vernacular literatures of later centuries. (...) The result is nothing less than a masterful synthesis of European literature from Homer to Goethe. European Literature and the Latin Middle Ages is a monumental work of literary scholarship. In a new introduction, Colin Burrow provides critical insights into Curtius's life and ideas and highlights the distinctive importance of this wonderful book. (shrink)

Provides a philosophical analysis of such biological concepts as natural selection, adaptation, speciation, and evolution.

In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient ...

I analyze a number of widespread misconceptions concerning species. The species category, defined by a concept, denotes the rank of a species taxon in the Linnaean hierarchy. Biological species are reproducing isolated from each other, which protects the integrity of their genotypes. Degree of morphological difference is not an appropriate species definition. Unequal rates of evolution of different characters and lack of information on the mating potential of isolated populations are the major difficulties in the demarcation of species taxa.

This chapter explains the concept of effort on the basis of evidence from experimental and cognitive psychology, demonstrates how it has been used in conducting studies of brain activity, and goes on to examine the individual differences that play a role in determining the efficiency of brain networks associated with effortful control. It also reviews certain educational training methods; those when used among children can change these networks, along with conditional changes developed in adults through meditation training. The findings reveal (...) that meditation helps in producing better attentional performance and the subjective condition related to effort. The chapter also investigates how these training methods play a role in determining the concept of flow. (shrink)